No deal in Ferrari crash that killed TapouT's 'Mask'
Man who drove Porsche must face trial in TapouT founder's death.
By LARRY WELBORN
THE ORANGE COUNTY REGISTER
NEWPORT BEACH – An Orange County judge Frida declined to offer a repeat drunken driver a lighter sentence in exchange for a guilty plea to vehicular manslaughter in the high-speed, alcohol-related crash that killed a prominent mixed-martial arts entrepreneur in March.
Superior Court Judge Derek G. Johnson said he heard two conflicting versions of events that led to the death of Charles David Lewis, Jr., one of the founders of the clothing company TapouT, including one from a prosecutor that detailed "egregious" conduct on the part of defendant Jeffrey David Kirby, 51, of Costa Mesa.
Deputy District Attorney Jason Baez argued that Kirby deserves an 18-year, eight-month prison sentence for "extremely gross negligence" in the March 11 early-morning crash on Jamboree Road in Newport Beach.
Baez insisted that Kirby was to blame for the crash because he lost control of his Porsche while driving drunk at speeds approaching 100 mph and clipped Lewis' Ferrari, sending it spinning to disaster.
Defense attorney David E. Swanson said during a one-hour hearing in the Harbor Justice Center that Kirby "feels horrible about what happened. He is extremely remorseful … he's devastated. He will never get over this."
Swanson also said Lewis contributed to his own death by racing up to Kirby's 1977 Porsche in his high-performance Ferrari, startling Kirby with the Ferrari's speed and explosive sound. Kirby, the defense attorney claimed, was traveling at about 60 mph when Lewis approached at speeds in excess of 100 mph.
Swanson hoped that Johnson would offer a lighter sentence to Kirby if he pleaded guilty at an early stage in the court proceedings.
But Johnson said the case should go to trial.
Lewis, a Huntington Beach resident who called himself "Mask," died almost instantly when his Ferrari was ripped into three pieces after it jumped a curb and ran into a cement light pole.
Lacy Lynn White, Lewis' girlfriend, was seriously injured when she was ejected from the Ferrari. She suffered broken vertebrae, a broken hip, and a shattered elbow, among other injuries.
Baez said that Kirby knew – from prior drunken driving convictions in 1985 and 2002 – that drinking and driving was dangerous, but he chose to do so anyway. Kirby, the prosecutor said, had a .13 blood-alcohol level a few hours after the fatal crash.
Lewis may have contributed to the incident by racing with Kirby, the prosecutor acknowledged, but the crash would not have happened without Kirby's negligence.
Kirby is charged with four felonies, including vehicular manslaughter and felony hit-and-run. He is being held on $500,000 bail at Orange County Jail pending his preliminary hearing next week.
Glad to hear it!
I am sick to death of the indisputably guilty getting "deals" to avoid trials or remote odds of not being found guilty to some technicality or screw up.
With those repeated drunk driving convictions, it's obvious the guy will never learn. Hopefully, he gets the max sentence.
BuddyRevell - With those repeated drunk driving convictions, it's obvious the guy will never learn. Hopefully, he gets the max sentence.
+1
Philip Graves -BuddyRevell - With those repeated drunk driving convictions, it's obvious the guy will never learn. Hopefully, he gets the max sentence.
+1
this
"Swanson also said Lewis contributed to his own death by racing up to Kirby's 1977 Porsche in his high-performance Ferrari, startling Kirby with the Ferrari's speed and explosive sound. Kirby, the defense attorney claimed, was traveling at about 60 mph when Lewis approached at speeds in excess of 100 mph.
Lacy Lynn White, Lewis' girlfriend, was seriously injured when she was ejected from the Ferrari. She suffered broken vertebrae, a broken hip, and a shattered elbow, among other injuries."
Respect for everything Tapout have done for mma and all that. But seriously, what a fucking prick.
Devlyn - "Swanson also said Lewis contributed to his own death by racing up to Kirby's 1977 Porsche in his high-performance Ferrari, startling Kirby with the Ferrari's speed and explosive sound. Kirby, the defense attorney claimed, was traveling at about 60 mph when Lewis approached at speeds in excess of 100 mph.
Lacy Lynn White, Lewis' girlfriend, was seriously injured when she was ejected from the Ferrari. She suffered broken vertebrae, a broken hip, and a shattered elbow, among other injuries."
Respect for everything Tapout have done for mma and all that. But seriously, what a fucking prick.
According to the defendant. Trying to blame the dead guy for why he crashed into him. Startled by the explosive sound? give me a break. IF he was driving a Hyundai, maybe...not if you are already a Porshe owner.
Repeat offender drunk driver that killed someone = max sentence in my opinion.
No Deal.
^The prosecutor said that Lewis contributed to the incident too.
Agree on no deal for the porsche driver, but bottom line, he got himself killed and his GF seriously injured by being a moron. The other guy being drunk doesn't excuse that.
ThreadKiller - Glad to hear it!
I am sick to death of the indisputably guilty getting "deals" to avoid trials or remote odds of not being found guilty to some technicality or screw up.
The guy who t-boned me and left me sidelined for a year now cut a deal. Even with a prior DUI he only got 90 days in the klink.
"^The prosecutor said that Lewis contributed to the incident too"
At least theyre not denying it...
this is what happens when you try and live the street racing fast and furious lifestyle
you play, you pay, mask bears responsibility for this along with this other DB
"I'm not saying he isn't equally at fault, but that's the whole point, they are trying to charge him with a crime as if he alone killed mask, as if mask was just some guy standing by the road. I'd much rather see this guy do 18 months instead of the potential that he gets off scott free because they want him to do 18 years"
This makes sense...
It's must as much, if not more, Masks fault for speeding 100+ in a commercial street.
From what I understand, he was probably drunk aswell.
^Mask hardly ever drank, dude.
Devlyn - ^The prosecutor said that Lewis contributed to the incident too.
Agree on no deal for the porsche driver, but bottom line, he got himself killed and his GF seriously injured by being a moron. The other guy being drunk doesn't excuse that.
YOU ARE THE FUCKING MORON, there is no excuse for being drunk.
Kirby was drunk Mask was not...case fucking closed.
bismanfightclub -zekeil -Devlyn - ^The prosecutor said that Lewis contributed to the incident too.
Agree on no deal for the porsche driver, but bottom line, he got himself killed and his GF seriously injured by being a moron. The other guy being drunk doesn't excuse that.
YOU ARE THE FUCKING MORON, there is no excuse for being drunk.
Kirby was drunk Mask was not...case fucking closed.
There is no excuse for street racing either, especially with a passenger, case fucking closed.
Seriously you're going to compare street racing to driving drunk?
There is no comparison. Yes I agree street racing is wrong but nobody deserves to die from it because an idiot is coming home DRUNK from the night before.
BrazilianBomber - It's must as much, if not more, Masks fault for speeding 100+ in a commercial street.
From what I understand, he was probably drunk aswell.
From what I understand, you are a moron. Mask almost never drank, and if toxicology showed alcohol in his system it would have been brought up at trial.
Yes, speeding is bad. Speeding while hammered (not drunk, hammered) so bad that you can't control your vehicle that a sober driver is killed, and an innocent passenger is maimed is MUCH MUCH worse. Not the same, dramaticly worse. If this even has to be explained to you, you are a moron.
Shut the fuck up, carl, devilyn and you other fags. You act like none of you have ever drivin 100mph before, just because he wasnt going the speed limit doesnt mean that he caused the accident. He was on his way back from the gym and this drunk driver came into his lane and t boned him you dumb fucks! It doesnt matter if he was going 60mph, the drunk wouldve still crossed into his lane because he was drunk and it wouldve still caused the wreck! Its funny how you coward faggits just love to sit in front of your computer and talk shit.
"Seriously you're going to compare street racing to driving drunk?
There is no comparison. Yes I agree street racing is wrong but nobody deserves to die from it because an idiot is coming home DRUNK from the night before. "
It's comparable. Innocent people as well as drivers get killed all the time b/c of street-racing.
Mask tried to street race a guy that ended up being drunk and ended up getting killed. If he didn't race he'd be alive today. Like others have said, the drunk driver should get the book thrown at him, especially for being a repeat offender, but let's not try to pretend Mask wasn't culpable in his own demise. It sucks, but that's life.
The facts as given by Kirby's attorney don't even vaguely support a street racing accustion against Mask. According to this article, Mask was speeding, but he was speeding long before he even saw Kirby, Kirby was driving drunk, saw a fast car blow by him, and tried to catch up. Was Mask even aware there was someone "racing him" before he got hit?