UPDATE: Click here for details on conviction of the accused.
The trial for the man accused of killing Charles Lewis Jr., the 45-year-old Huntington Beach
resident better known as mixed-martial
arts clothing company TapouT's co-founder “Mask,” is scheduled to begin Monday morning in Santa Ana, the Orange County District Attorney's Office announced.
Jeffrey David Kirby, a 53-year-old Costa Mesa resident with a prior DUI conviction on his record, could get 19 years and eight months in state prison if he is convicted of the charges against him, which follow after the jump . . .
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- One felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated
- One felony count of driving under the influence causing bodily injury
- Sentencing enhancements for fleeing the scene of a vehicular manslaughter and causing great bodily injury to multiple victims.
The latest OCDA statement on the case follows:
November 24, 2010
SECOND TIME DRUNKEN DRIVER FACES TRIAL FOR KILLING FERRARI DRIVER IN HIGH SPEED CRASH, SPLITTING VICTIM'S VEHICLE IN HALF
SANTA ANA – A second-time drunken driver faces trial Monday for killing a
man and injuring his passenger after crashing his Porsche into the
victim's Ferrari, causing it to slam into a light pole and spilt in
half. Jeffrey David Kirby, 53, Costa Mesa, is charged with one felony
count of vehicular manslaughter by unlawful act with gross negligence
while intoxicated, one felony count of driving under the influence
causing bodily injury, and sentencing enhancements for fleeing the scene
of a vehicular manslaughter and causing great bodily injury to multiple
victims. He has a prior conviction for driving under the influence in
2002. Kirby faces a maximum sentence of 19 years and eight months in
state prison if convicted. Opening statements are expected to begin
Monday, Nov. 29, 2010, at 9:00 a.m. in Department C-30, Central Justice
Center, Santa Ana.
At approximately 1:00 a.m. on March 11, 2009, Kirby is accused of
speeding in his 1977 Porsche on Jamboree Road in Newport Beach with a
32-year-old female passenger,
Lynn Marie Nabozny. Kirby is accused of
speeding alongside a 2004 Ferrari driven by 45-year-old Charles David
Lewis, Jr., of Huntington Beach. Kirby is accused of losing control of
his car due to his unsafe speed and crashing into Lewis' vehicle. Lewis
lost control of his Ferrari, which crashed into a cement light pole and
was torn in half. Kirby is accused of swerving and coming to a stop on
Jamboree Road for several seconds before accelerating and fleeing the
scene.
A Newport Beach Police officer, who had been passing northbound on
Jamboree, observed the crash and immediately stopped to assist Lewis and
called for back up. Lewis was trapped inside the front half of the
Ferrari, which had to be dismantled in order to remove him. He was
pronounced dead at the scene. Lewis' 23-year-old passenger,
Lacy Lynn
White, was ejected from the car and landed on the nearby dirt
embankment. White was transported to Western Medical Center to be
treated for a fractured elbow and several lacerations and abrasions. She
is currently in stable condition.
After fleeing the scene, Kirby is accused of parking his Porsche, which
had body damage consistent with having been involved in a crash, on
Bison Avenue. Within minutes of the crash, a responding Newport Beach
Police officer observed Kirby's parked car and saw the defendant and
Nabozny walking outside of the defendant's vehicle. Kirby and Nabozny
were both apprehended. The defendant is accused of emitting an odor of
alcohol, slurring his speech, and having bloodshot and watery eyes. He
was arrested at the scene. At approximately 3:00 a.m., two hours after
the crash, Kirby is accused of having a blood alcohol level of .13
percent. Nabozny was arrested for public intoxication and later
released.
Deputy District Attorney
Jason Baez of the Vehicular Homicide Unit is prosecuting this case.
OC Weekly Editor-in-Chief Matt Coker has been engaging, enraging and entertaining readers of newspapers, magazines and websites for decades. He spent the first 13 years of his career in journalism at daily newspapers before “graduating” to OC Weekly in 1995 as the alternative newsweekly’s first calendar editor.