Drunk Driver Who Killed TapouT's Charles 'Mask' Lewis Sentenced to 9 Years
by Nate Wilcox on Feb 4, 2011 5:40 PM EST
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The Orange County Register has the story:
A San Clemente man wept, apologized and asked for forgiveness Friday moments before he was sentenced to nine years in prison for his role in a high-speed, alcohol-fueled crash during a street race in Newport Beach that killed a millionaire mixed-martial arts entrepreneur.
"I never hurt anyone intentionally or accidentally in my life," Jeffrey David Kirby told Superior Court Judge Richard F. Toohey. "I wish I could right the wrong I have caused ... I wish I could reverse the miseries I have caused.
"I never should have driven that night after drinking alcohol," he said wiping tears from his eyes. "I will never recover from this tragedy ... I am very sorry."
Kirby, 53, was convicted after a two-week jury trial in December of one count of vehicular manslaughter with gross negligence while intoxicated, plus a sentencing enhancement for causing great bodily injury to a second victim.
Mask's partners issued the following statement (via email):
Tapout co-founder and president, Dan Caldwell said, "The sentence is less than we expected - we figured he'd get the maximum. I'm not sure Kirby is truly remorseful, but he will have time to think about this in prison and I hope he realizes the impact this has had on all of us. Even in death, I hope Charles will change Kirby's life for the better. Charles "Mask" Lewis will never be replaced. He was our friend, a father, a dreamer and a great businessman. I'm proud to say he was my friend and mentor - I'll never forget him."
Skrape added, "I hope Kirby understands he needs to make better choices and that his actions greatly affect others. I hope he learns and grows from this terrible accident. Mask and I were inseparable for 13 years. There isn't a half hour that goes by that I don't think about Charles."
Since Lewis' death TapouT has been acquired by Authentic Brands Group (ABG).
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Nope, no sympathy from me.
See you in a decade, dumbass.
The Machiavellian.
Ever tried. Ever failed. No matter. Try Again. Fail again. Fail better. -Samuel Beckett
Reasoning will never make a man correct an ill opinion, which by reasoning he never acquired. -Jonathan Swift
by Scott C. Broussard on Feb 4, 2011 5:43 PM EST reply actions
Agreed
I think nine years is kind of lenient considering he already had a DUI before this accident.
wait
wasn’t he just racing with him? Its not like he rammed him into the side of the road. I know about being charged for participating in a race where someone dies because I used to race all the time, but you can’t act like mask was completely innocent in this accident, you don’t have to race someone if you don’t want to.
Sure. If Mask had survived, I’d say prosecute him, too, for racing. However, you drive drunk, you should get fucked.
The Machiavellian.
Ever tried. Ever failed. No matter. Try Again. Fail again. Fail better. -Samuel Beckett
Reasoning will never make a man correct an ill opinion, which by reasoning he never acquired. -Jonathan Swift
by Scott C. Broussard on Feb 4, 2011 11:45 PM EST up reply actions
The dude was drunk
he shouldn’t have been driving at all. It’s not like Mask knew he was drunk when they started racing either.
Just brutal, looks like blood in the second picture. Its amazing that the female victim was able to survive. RIP Mask.
"Referees, be sure to step in and stop the fight on time tomorrow, because I might get carried away in the moment and my many punches may end up destroying my opponent." - Tatsuya "CRUSHER" Kawajiri
She survived
but I’m pretty sure she sustained some major permanent damage. I’m pretty sure that is blood since the engine in the back. This guy got off easy.
That cars pretty much a death trap
"I'm a little worried about being a slut"
~ Bobby Hill
9 yrs? thats it?
bullshit
Nothing but RESPECT for Matt "The Terror" Serra
http://gotmma.org/ - Korean MMA blog
Mask engaged in illegal street racing right? Doesn’t personal responsibility play into this at all? Cars don’t split in half at surface street speeds.
by Danthemmaman on Feb 4, 2011 6:19 PM EST reply actions 8 recs
He's dead...
I think that’s more than enough. I don’t know what else you want from him.
The days as champ are done... but the juggernaut known as Brock Lesnar will return.
by HitokiriX on Feb 4, 2011 6:38 PM EST up reply actions 1 recs
Just referring to the pitch fork mob slanging rocks around. Thought perhaps you missed the bigger picture.
by Danthemmaman on Feb 4, 2011 6:56 PM EST up reply actions 7 recs
Personal Responsibility
This is a manslaughter conviction.
You commit manslaughter when you kill someone while doing something illegal. He was drunk and street racing, someone died because of it, that’s manslaughter.
One of the reasons manslaughter arises specifically from street racing deaths is because the law sees the two racers as encouraging each other to continue the illegal and dangerous behavior, thereby contributing to any death. This is why they aren’t concerned with the personal responsibility of Mask.
Your obviously all bros with no children. If you put yourself in bad situations bad things happen. The fact the guy was intoxicated is besides the point. It’s one of those situations where you live by the gun you die by the gun. Calling for this douche bags sentence to be life isn’t going to change the fact that Mask was equally to blame for his own death.
equally to blame?
The drunk driver clipped his car. While driving.. DRUNK.
by Austin Martin on Feb 4, 2011 6:55 PM EST up reply actions
The two cars were speeding north on Jamboree Road in this wealthy city when the crash occurred shortly before 1 a.m., Lt. Craig Fox said.
A patrol officer saw the red 2004 Ferrari Modena and a white 1977 Porsche coupe swerve out of control, Craig said.
“We believe they were going fast based on the skids and the damage to the vehicle,” Fox told KABC-TV. “But we can’t speculate at this point if they were racing or not.”
SOURCE
Playing Fast and Furious in real life is not healthy.
Well, anybody who knows me knows I'm no fan of dictionaries or reference books. They're elitist. Constantly telling us what is or isn't true. Or what did or didn't happen.
must feel really good getting that point across
by Austin Martin on Feb 4, 2011 6:45 PM EST up reply actions
i think it’s a little bit more “holier than thou” to make it a point to acknowledge Mask was speeding and he’s at fault for this, when the other guy was a third time offender drunk driver. Glad you got it off your chest.
by Austin Martin on Feb 4, 2011 6:54 PM EST up reply actions
It’s not Mask is at fault or the drunk driver is at fault — they’re both at fault. Both people need to accept responsibility. One should not be a scapegoat to another.
by JTrain007 on Feb 4, 2011 6:56 PM EST up reply actions 1 recs
you don't think being dead is enough of accepting responsibility?
In my mind, I want a rich, third time offending (meaning caught) drunk driver off the street for more than 9 years.
by Austin Martin on Feb 4, 2011 7:00 PM EST up reply actions 1 recs
Rich? Dude was driving a 1977 porche. And what do you know about being incarcerated for 9 years? That’s some hard time man.
No it isn't!
Why do you think people go out in a blaze instead if being taken alive?
"I'm a little worried about being a slut"
~ Bobby Hill
Guy gets only 9 years on his 3rd DD charge?
bullshit. Fuck the legal system. This guy is a piece of shit and shouldn’t be given a second fourth chance.
by Austin Martin on Feb 4, 2011 6:25 PM EST reply actions 1 recs
this guy is a scumbag
but 9 years is a very long time. people who aren’t involved in the criminal justice system are so ready to demand lengthy sentences and decry the system, but you should think about where you were 9 years ago and how much has your life changed since then. then think about spending every single one of those days of the past 9 years locked behind bars. just because it’s not 25-life, doesn’t mean it’s a light sentence.
by FiatJustitiaRuatCaelum on Feb 4, 2011 7:07 PM EST reply actions 3 recs
seriously… my son’s 9. I couldn’t contemplate missing those years. Pfffft, 9? give him 100. Some people have no concept. I blame mtv.
by Danthemmaman on Feb 4, 2011 7:38 PM EST up reply actions 1 recs
I couldn’t contemplate missing those years.
But you’re not a multiple DUI offender who just killed someone, so you shouldn’t have to.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 4, 2011 7:40 PM EST up reply actions
I understand that, just trying to put it into perspective. Just showing a lot can happen in that amount of time and it’s no slap on the wrist. It’s a shitty situation because some drunken asshole guns it off the line and plays the part in someones death. There’s a lot of things that could of changed. If either one of the drivers decided to not engage a lot of pain and suffering could have been missed. RIP Mask.
No, I dig it..
..And I can appreciate and respect your perspective. It just seems to me that had the guy been younger, a minority, poor or all three, a few more years would have been added to his sentence, and thats some ol’ bullshit (disclosure : I’m white). The biggest factor in my lack of sympathy is the fact that he’s a repeat offender though. Two DUIs I may be able to understand, but three strikes and fuck you! (not you Dan, Jeff Kirby)
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 4, 2011 7:56 PM EST up reply actions
Just thought of something while I was driving, Dan
What if Kirby had struck your car and (God forbid) killed your son, and you knew he had been a repeat offender? Imagine never seeing your boy again and knowing that the dude that killed him before your son would have even got to his 18th birthday. Me personally, I’d want that motherfucker dead or gone for life.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 4, 2011 9:13 PM EST up reply actions
Was I racing with my son in the car, got in the accident, my son dies, and I survive?? Because if that’s the case I’m ending it right then and there. The other dude doesn’t even come play. Keeping apples and apples.
No,
You were just out driving, nice and normal and the drunk runs into you. It happens every day, and many peoples children die as a result.
My point is, how would you feel knowing that a repeat drunk driving offender would be out of prison before your son would have hit his 18th birthday?
Would you consider that justice served?
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 5, 2011 6:02 PM EST up reply actions
Also, don't forget
Mr. Kirby displayed multiple instances of bad decision making and I-don’t-give-a-fuckery that night, which coupled with the fact that he is a repeat offender gives an idea of how he lives his life :
1. He got drunk, and decided he should drive anyways (knowing it was wrong)
2. He engaged in an illegal street race while drunk (knowing it was wrong)
3. He killed a man and ran away (knowing it was wrong)
You can defend him/his sentence all you like, but it’s that type of attitude that will ensure that he and others like him will be out of jail doing the same fucking shit they went in for in the first place, over and over and over again. And again. And again.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 5, 2011 6:11 PM EST up reply actions
Just for perspective...
…We’re talking about an upper class white male in his 40-50s with multiple previous DUIs on his record.. If he had learned his lesson after his first DUI, this whole mess would never have happened. Forgive me for not sympathizing with a privileged repeat offender (who’s older than I am and damn well knows better) who obviously didn’t give a fuck about consequences. I’m sure he feels bad now, but it’s a little too late.
Fuck that guy. Mask had his part in the whole thing for sure, but he’s already paid for it…with his life. Now it’s this guys turn. Well, not really, as he’ll probably get out without having to do even a full nickel. At the very least, hopefully someone rapes his ass and when the guy’s done says “That was for Mask”.
"The path to enlightenment is through suffering"
At the very least, hopefully someone rapes his ass and when the guy’s done says "That was for Mask".
HAHAHAHAHA
I didn't mean that as a joke.
I’m being completely serious. Those types of traumatic experiences have a way of staying with people and preventing them from making those mistakes in the future.
For instance, you catch a dude beating his wife and you beat the shit out of him. I’m talking whoop that ass, leave ‘em a nice scar or knock out a few teeth. The next time that guy thinks about hitting a woman he’ll remember his scar or feel the empty spot in his mouth where his teeth used to be and he’ll think twice before doing that shit again.
Mr. Kirby needs a lifetime reminder, because obviously arresting him multiple times didn’t work.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 4, 2011 8:00 PM EST up reply actions
you go!
Using violence on violent individuals will definitely make them better people, less threatening for the society! Add some prison rape to the mix, (big thanks to those valorous prison rapists, truly exemplary individuals whose work you appreciate rightfully) and consider them fixed!
I never said anything about making them better people. I said it might make them think twice before they did that shit again.
Unfortunately, some people do not respond to reason, logic, positive reinforcement, encouragement, counseling/therapy or nonviolent discipline, nor do they want to. These are the people I’m talking about. If you’ve never grown up or been around these types of people, consider yourself lucky.
I consider myself an empathetic person, and I believe in second chances and forgiveness. I’ve also seen and been a part of situations where a good solid ass whooping was the only thing that changed a person for the “better”. Sometimes, it brings a person down a notch and helps them to become more empathetic, and other times its out of simple fear, or memory of fear that detracts them from violent behavior. Either way, the violent behavior can sometimes be quelled, in certain cases. But of course, violence should always be a last ditch, hail mary option when all other avenues have been exhausted.
As for the prison rape, if he would have got a longer sentence like he should have for being a THIRD TIME DRUNK DRIVING OFFENDER WHO JUST KILLED A MAN then I would have thought that was enough. 4-5 years in jail isn’t enough though. Not for a THIRD TIME DRUNK DRIVING OFFENDER WHO JUST KILLED A MAN.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 5, 2011 2:14 AM EST up reply actions 1 recs
Everyone lost...
I don’t agree with the mob mentality, nor TapOut’s crew pleading with Twitter followers to write “how Mask changed their life” in order to slam dunk the perp in front of a jury. Weak.
Third DUI, I personally don't think people that have so little regard for human life deserve to die themselves.
I think Mask was a dumbass who probably had a lot to do with this and would have killed himself anyway, but a three-time offender of anything will never be rehabilitated … not like our prison system is good for that, anyway.
I can’t comment on the sentencing because I would take a biased stance…..
Think about this for a minute; if the other guy had died instead, and Mask lived and was on trial for DUI and manslaughter, would all of you guys be acting the same way? Would you all be crying for 25 to life for Mask also? I doubt it.
by OmoPlata on Feb 5, 2011 9:14 AM EST reply actions 1 recs
If it was Mask's 3rd drunk driving offense...
…then fuck yeah I’d be asking for a long sentence. This has less to do with Mask and more to do with our justice system, and how it continues to allow people to keep fucking up over and over and over again.
It doesn’t matter AT ALL who Kirby killed, the simple fact is, he didn’t learn his lesson after the first couple of times he was caught and it lead to a death which he is ultimately responsible for. Throw the fucking book at him, and all other repeat offenders.
"The path to enlightenment is through suffering"
by RearNakedChoker on Feb 5, 2011 6:32 PM EST up reply actions
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