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Sep 6, 2009 - 4:34:20 PM By: Jamie Penick, MMATorch Editor-in-Chief Jeffrey David Kirby of Costa Mesa, CA, was denied a deal to plea guilty to a lesser charge of vehicular manslaughter in the March 11th car crash that killed TapouT founder and now UFC Hall of Famer Charles "Mask" Lewis, according to a report from the OC Register.
Kirby is charged with four felonies, including vehicular manslaughter and felony hit-and-run, and is currently being held on $500,000 bail.
Kirby had previous convictions for drunken driving in 1985 and 2002, and had a .13 blood alcohol content level following a high speed crash that sent Lewis' Ferrari into a pole, sending his passenger, and girlfriend, flying from the vehicle and killing him almost instantly.
There are conflicting stories on what happened that night, with the prosecution claiming Kirby lost control of his Porsche at nearly 100 mph while drunk, clipping the Ferrari leading to the crash. The defense claims it was Lewis driving that speed and coming along Kirby's vehicle, leading to the crash.
Regardless, the two sides will be heard in a courtroom, as Superior Court Judge Derek G. Johnson ruled that no plea would be entered and the case will go to trial.
Penick's Analysis: The previous DUI convictions make it apparent that this is something Kirby has not grasp of, not driving after drinking. He'll have his day in court, and that is his right, but he absolutely should not have gotten to cop a plea in this case with those previous convictions. He is subject to the verdict of a jury of his peers and the subsequent sentence that will go along with that.
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