On Friday afternoon, the Orange County District Attorney filed charges against Jeffrey David Kirby, the driver of the other vehicle involved in the accident which killed Charles “Mask” Lewis early last Wednesday morning.
In a statement issued by the Orange County DA’s office, Kirby is being 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 was previously convicted for a DUI in 2002.
Kirby is being accused of killing “Mask” and injuring his girlfriend, Lacy Lynn White, when Kirby recklessly crashed his Porsche into Lewis’ Ferrari. The Ferrari subsequently slammed a light pole, splitting the car completely in half.
White was launched from the passenger seat, however managed to suffer only a fractured elbow and several lacerations and abrasions. She is currently in stable condition.
Unfortunately for Mask and the MMA community, he was pronounced dead on the scene.
Newport Beach officers later spotted Kirby and his passenger, Lynn Marie Nabozny, walking away from the Porsche a few blocks away from the scene. After further questioning, it was determined that Kirby was driving the car at the time of the accident.
When officers interviewed Kirby, he was emitting an odor of alcohol, slurring his speech, and had bloodshot and watery eyes. He was arrested immediately and taken back to the NBPD for booking and a Breathalyzer test.
Two hours after the crash, Kirby registered a blood alcohol level of 0.13 percent. The legal limit in the state of California is .08. Nabozny was arrested for public intoxication, however was later released.
“There were skid marks found at the scene,” said Lt. Craig Fox of the Newport Beach Police Department. “It appears there were maybe high rates of speed involved, but they don’t know what led up to the collision. The officer (who witnessed the crash) didn’t see that. He barely saw the after effects of what appears to be the possible collision.”
Kirby is facing a maximum sentence of 19 years and eight months in prison if convicted. He is currently being held on $2 million bail.
“Mask” was the charismatic co-founder of the popular mixed martial arts clothing company Tapout.