Go Back   Matt-Hughes.com Official Forums > MMA Related > MMA

Reply
 
Thread Tools Display Modes
  #1  
Old 03-13-2009, 11:12 PM
MattHughesRocks's Avatar
MattHughesRocks MattHughesRocks is offline
Stump Rules!
 
Join Date: Jan 2009
Location: So Cal
Posts: 9,794
Default Charges filed in the death of Tapout founder Mask

The Orange County District Attorney on Friday morning filed charges against Jeffrey David Kirby in relation to the car accident that killed Charles "Mask" Lewis, the founder of popular mixed martial arts clothing company Tapout.

A statement from the Orange County DA's office stated that Kirby is a second-time drunken driver and accused of killing Lewis and injuring his girlfriend, Lacy Lynn White, when Kirby crashed his Porsche into Lewis' Ferrari, causing it to slam into a light pole. The Ferrari split in half upon impacting the pole.

Kirby, 51, of Costa Mesa, Calif., 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. He is currently being held on $2 million bail and is scheduled to be arraigned Friday afternoon in Newport Beach.

Kirby is accused of speeding alongside a 2004 Ferrari driven by the 45-year-old Lewis, of Huntington Beach, losing control of his car due to his unsafe speed, and crashing into Lewis’ vehicle.

Lewis then lost control of his Ferrari, which crashed into a cement light pole. The Ferrari was torn in half. Kirby is accused of swerving and coming to a stop for several seconds before accelerating and fleeing the scene.

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. She was transported to Western Medical Center to be treated for a fractured elbow and several lacerations and abrasions. She is currently in stable condition, according to the Orange County DA statement.

After fleeing the scene, Kirby allegedly parked his Porsche on a nearby side street. A responding Newport Beach Police officer spotted the car and saw Kirby and a passenger from his car, 32-year-old Lynn Marie Nabozny, walking away. Both were then apprehended.

Kirby 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 0.13 percent. Nabozny was arrested for public intoxication and later released.

As stated, Charles "Mask" Lewis was one of the founders of Tapout. The company began as an effort of a small group of friends that had a passion for mixed martial arts and its fighters. From its humble beginnings, selling t-shirts out of the back of a car, Tapout has grown alongside the sport itself. Registering $29,000 in sales in 1999, according to The Press-Enterprise, Tapout's sales reportedly rose to $25 million by 2007 and were projected to be more than $100 million in 2008.

Mask – along with cohorts Dan "Punkass" Caldwell and Skyscrape – was an extremely popular figure in the mixed martial arts world, a site rarely missed at most major MMA events.

UFC president Dana White told Neil Davidson of the Canadian Press, "You couldn't meet a nicer guy, a more friendly, outgoing guy, a more loyal guy (than Mask). He really was a good person. He's one of the pioneers, one of the legends of this sport.

"This guy was selling T-shirts out of the trunk of his car and when we first got involved with the UFC, we met them. We really liked them. We liked their energy. They were good people and we got together and we started doing all this grassroots marketing together – the UFC and Tapout. They were very loyal to us and we were very loyal to them.

"And it sucks to see a guy who has worked so hard his whole life, to finally make it and break through, and then have something like this happen to him."

In his online blog, Tapout's Punkass said goodbye. "To my best friend in the world, you'll be forever missed, but always remembered."

http://www.mmaweekly.com/absolutenm/...=8382&zoneid=2
__________________


http://stumpdotcom.com/
Reply With Quote
  #2  
Old 03-13-2009, 11:16 PM
MattHughesRocks's Avatar
MattHughesRocks MattHughesRocks is offline
Stump Rules!
 
Join Date: Jan 2009
Location: So Cal
Posts: 9,794
Default

This is from the OCR.There is a picture of the guy...

http://www.ocregister.com/articles/k...096-car-police
__________________


http://stumpdotcom.com/
Reply With Quote
  #3  
Old 03-14-2009, 12:03 AM
F34R F34R is offline
Senior Member
 
Join Date: Jan 2009
Posts: 1,101
Default

does it sound like they are racing?
Quote:
Kirby is accused of speeding alongside
and
Quote:
losing control of his car due to his unsafe speed, and crashing into Lewis’ vehicle.
.13 is definitely something that will help prove the the driver was impaired. I hope they really did a good job on the procedural stuff when going with a DUI. There are so many technicalities that a half ass lawyer has been trained to bring up. They mention the BA level being .13 after two hours after the crash. Well, I hope they have different laws because in some states they have up to two hours to do a proper BA test.

If he was injured from a wreck, it is usually better, and safer for court, if you order an actual blood test to determine alcohol levels. Those results are usually harder to dispute as long as the proper chain of evidence is well documented.

Another problem they can run into is that no one on the prosecution side can actually testify under oath that they saw this guy driving. That's another technical biggie under DUI laws. What makes it worse, is that no one even saw him in control of the vehicle. This assumes he hasn't confessed, or that the passenger doesn't cut a deal and testify against him. These are all just things I've come across in court at one time or another that have proven difficult when you are dealing with 12 other people with their own minds and agendas.
Reply With Quote
  #4  
Old 03-14-2009, 08:04 AM
atomdanger
Guest
 
Posts: n/a
Default

wow....

so the guy wrecked into him, then bailed?
Reply With Quote
  #5  
Old 03-15-2009, 01:09 AM
Tyburn's Avatar
Tyburn Tyburn is offline
Angry @ Injustice!
 
Join Date: Jan 2009
Location: England
Posts: 17,004
Default

Quote:
Originally Posted by atomdanger
wow....

so the guy wrecked into him, then bailed?
Can we clarify....were they both speeding?

if so...sorry but I'm not sure they should prosecute, seems a bit harsh to prosecute the survivor IF BOTH adults were racing.

Now if it was a case of one care hitting another totally innocent car, who wasnt speeding, and wasnt racing, and that causing the death, then he should be done for Murder, its dangerous driving resulting in a "hit and run"

Lets not make this guy a saint if he wasnt one. dying, shouldnt vindicate you of all your guilt if you partake in something illegal.

Anyone answer the question I pose above
__________________
Reply With Quote
  #6  
Old 03-15-2009, 02:34 AM
ufcfan2
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Tyburn
Can we clarify....were they both speeding?

if so...sorry but I'm not sure they should prosecute, seems a bit harsh to prosecute the survivor IF BOTH adults were racing.

Now if it was a case of one care hitting another totally innocent car, who wasnt speeding, and wasnt racing, and that causing the death, then he should be done for Murder, its dangerous driving resulting in a "hit and run"

Lets not make this guy a saint if he wasnt one. dying, shouldnt vindicate you of all your guilt if you partake in something illegal.

Anyone answer the question I pose above
I actually agree with Tyburns assesment of this situation. Though the report said nothing of a drag race or racing of anyform. Though the one part of him 'speeding alongside' makes ya wonder how fast "Mask" was going,were they racing or Mask just goin fast????
Reply With Quote
  #7  
Old 03-15-2009, 03:11 AM
Tyburn's Avatar
Tyburn Tyburn is offline
Angry @ Injustice!
 
Join Date: Jan 2009
Location: England
Posts: 17,004
Default

Quote:
Originally Posted by ufcfan2
I actually agree with Tyburns assesment of this situation. Though the report said nothing of a drag race or racing of anyform. Though the one part of him 'speeding alongside' makes ya wonder how fast "Mask" was going,were they racing or Mask just goin fast????
here is a thought...was Mask being chased.

Supposing you were driving along and a mad man starts charging up behind you, perhaps he even starts banging into you? your gonna speed up to get away...he speeds up along side and loses control, he collides with you..you lose control?

I'm not a CSI...but...thats why I asked for confirmation...I think it GREATLY effects the level of guilt with the survivor...if Mask voluntarily was breaking the law and racing...he's just as guilty. Niether deserve to die...but in that respect Mask would hardly be innocent.

People do have a natural tendancy to make saints out of the dead, just a matter of respect...but I'd like to know if GREAT detail the 10 mins BEFORE the collision that killed him.
__________________
Reply With Quote
  #8  
Old 03-15-2009, 03:32 AM
MattHughesRocks's Avatar
MattHughesRocks MattHughesRocks is offline
Stump Rules!
 
Join Date: Jan 2009
Location: So Cal
Posts: 9,794
Default

Well, I think it's safe to say that if Mask was racing then he paid the price didn't he? The other one just goes to jail. Fair?


Quote:
Originally Posted by Tyburn
here is a thought...was Mask being chased.

Supposing you were driving along and a mad man starts charging up behind you, perhaps he even starts banging into you? your gonna speed up to get away...he speeds up along side and loses control, he collides with you..you lose control?

I'm not a CSI...but...thats why I asked for confirmation...I think it GREATLY effects the level of guilt with the survivor...if Mask voluntarily was breaking the law and racing...he's just as guilty. Niether deserve to die...but in that respect Mask would hardly be innocent.

People do have a natural tendancy to make saints out of the dead, just a matter of respect...but I'd like to know if GREAT detail the 10 mins BEFORE the collision that killed him.
__________________


http://stumpdotcom.com/
Reply With Quote
  #9  
Old 03-15-2009, 06:05 AM
Chuck
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by MattHughesRocks
Well, I think it's safe to say that if Mask was racing then he paid the price didn't he? The other one just goes to jail. Fair?
Death is the penalty for street racing???
Reply With Quote
  #10  
Old 03-15-2009, 06:10 AM
Chuck
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Tyburn
Can we clarify....were they both speeding?

if so...sorry but I'm not sure they should prosecute, seems a bit harsh to prosecute the survivor IF BOTH adults were racing.

Now if it was a case of one care hitting another totally innocent car, who wasnt speeding, and wasnt racing, and that causing the death, then he should be done for Murder, its dangerous driving resulting in a "hit and run"

Lets not make this guy a saint if he wasnt one. dying, shouldnt vindicate you of all your guilt if you partake in something illegal.

Anyone answer the question I pose above
Big difference between speeding and racing... but I don't think the guy should walk either way.

Even if Mask was racing the guy should still be held accountable for contributing to his death. You can be racing somebody by doing 10 over the speed limit... if the guys lost control of his car and forced Mask off the road then speeding/racing or not... he needs to be accountable.

Masks breaking of the law (speeding/racing) shouldn't negate the others guys breaking of the law.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 03:32 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.