|For Immediate Release
Case # 09HF0045
February 4, 2011
|Susan Kang Schroeder
Chief of Staff
SECOND-TIME DRUNKEN DRIVER SENTENCED TO NINE YEARS IN PRISON FOR KILLING ANOTHER MOTORIST
IN HIGH SPEED CRASH
SANTA ANA – A second-time drunken driver was sentenced today to nine years in state prison for killing a man and injuring his passenger after crashing his Porsche into the victim’s Ferrari, causing it to slam into a light pole and split in half. Jeffrey David Kirby, 53, Costa Mesa, was found guilty by a jury Dec. 8, 2010, of one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated and a sentencing enhancement for causing great bodily injury was found true. He has a prior conviction for driving under the influence in 2002.
At approximately 1:00 a.m. on March 11, 2009, Kirby was speeding in his 1977 Porsche with a 32-year-old female passenger, Lynn Marie Nabozny, alongside a 2004 Ferrari driven by 45-year-old Charles David Lewis, Jr., on Jamboree Road in Newport Beach. Kirby lost control of his car due to his unsafe speed and crashed into Lewis’ vehicle. Lewis lost control of his Ferrari, which crashed into a cement light pole and was torn in half. Kirby swerved and came to a stop on Jamboree Road for several seconds before accelerating and leaving the scene.
A Newport Beach Police officer, who had been passing northbound on Jamboree, observed the crash and immediately stopped to assist Lewis and called for back up. 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. White was transported to Western Medical Center to be treated for several bone fractures, lacerations and abrasions.
After leaving the scene, Kirby parked his Porsche, which had body damage consistent with having been involved in a crash, on Bison Avenue. Within minutes of the crash, a responding Newport Beach Police officer observed Kirby’s parked car and saw the defendant and Nabozny walking outside of the defendant’s vehicle. Kirby and Nabozny were both apprehended. When contacted by officers, the defendant was emitting an odor of alcohol, slurring his speech, and had bloodshot and watery eyes. He was arrested at the scene.
At approximately 3:00 a.m., two hours after the crash, Kirby had a blood alcohol level of .13 percent. Nabozny was arrested for public intoxication and later released.
During the victim impact statements today, Dan Caldwell, the co-founder of TAPOUT, told the court that Lewis was an inspiration and had a positive effect on everyone. Lewis’ brother and sister described how great he was and how they are suffering his loss. His sister also told the court that the world lost a Marine and a deputy sheriff. Victim White described how the accident negatively impacted her life and how she lost such an important person in her life.
Deputy District Attorney Jason Baez of the Vehicular Homicide Unit prosecuted this case.