Monday, February 23, 2009

Toxicology Reports & Campaign Donations

Fox40 News reported last week on how long it would take JPD to get the toxicology reports for Karen and Stuart Irby in the deadly crash that took place two weeks ago:
"FOX 40 News spoke with Lt. Jeffery Scott with the Jackson Police department who said that it could take months for the crime lab toxicology reports to come back. He said it would be unlikely for the case to close quickly. Right now JPD is still investigating the accident. FOX 40 News also spoke with with the state crime lab to see if there was any back log in the toxicology department and to see how long it normally takes them to make their report in similar cases. After talking with the crime lab FOX 40 News has learned that some of the toxicology reports in the Irby wreck have been completed and released to JPD. The technician that FOX 40 spoke with couldn't get specific but said that there is no back log at the crime lab and was irritated that JPD would say that toxicology reports could take months to be completed. The technician said that most reports are finished with in a week. When FOX 40 asked Lt. Scott about the released test he said that JPD would no longer be commenting on this particular case......
Police say it could be weeks and even months before they're investigation is complete
."
Fox 40 Story

The Clarion-Ledger reported Friday part of the toxicology report was complete and sent to JPD: "The Mississippi Crime Lab has released a portion of the toxicology results from last week's crash in Jackson that killed two doctors.
But lab Director Sam Howell couldn't specify Thursday what was released to Jackson police and said it could take several more weeks before the entire toxicology report is complete
...."
JPD gets part of toxicology report

Despite which story is more accurate, it is clear the media discovered JPD received at least part of the toxicology report. What is disturbing is the statement by Officer Scott that JPD will make no more comments about this case after he said the toxicology report could take "months" to complete. Months. Anyone familiar with how such reports are processed doesn't believe for one second it will take months to determine if Mrs. Irby was driving while under the influence of alcohol that horrible night.

If there is a time when JPD should not follow past cases and give any appearance of stonewalling, this is it. In 2007, the Irbys contributed $9,000 to McMillin's re-election campaign. Considering McMillin's relationship to the Irbys, it is imperative JPD handles this case in a manner that is professional and open to the public while respecting the families and the due process rights of the Irbys. If there is a time when JPD should not follow past cases and give any appearance of stonewalling, this is it. A quick examination of the campaign finance reports reveal they were his largest campaign donors or if not, they were among the leaders:

Irby State PAC 6/29/95 $500

Stuart Irby,Jr. 6/25/99 $1,000
Irby P.A.C. 6/28/99 $1,000
Stuart M. Irby 7/2/99 $250

Stuart M. Irby 1/28/03 $2,500
Charles Irby 3/21/03 $100
Charles Irby 3/21/03 $5,000
Stuart M. Irby 4/2/03 $2,500
Stuart M. Irby 4/15/03 $750
Irby P.A.C. 6/26/03 $1,000

Stuart Irby 6/13/07 $4,000
Charles Irby 6/13/07 $5,000

Total: $23,600
source: Campaign Finance Reports

It should also be mentioned Stuart Irby only gave $500 to the campaign of Hinds County District Attorney Robert Smith in 2007.

One may ask why this information is posted on this website. The Clarion-Ledger is rotating this story among several reporters (four so far), increasing the likelihood some aspects of the story will not be reported properly. Message boards at various websites have exploded with accusations, hateful rhetoric, and malicious rumors while emotions run strong. Several posts have been made in an attempt to squelch some of this. The local media, in its various formats, is limited how much time it can devote to this story and, right now, is focused on Frank Melton

Everyone is hoping Mr. and Mrs. Irby survive and recover. If laws were broken, there will be a time for prosecution and further commentary. Let's not make a bad situation worse by withholding the truth concerning the condition of Karen Irby while behind the wheel. The rumors surrounding this event will be far more hurtful to her and her family. Give her the opportunity to do what is right. Don't give her a cloud of malicious lies and rumors to hide from.

Right now there are families that need prayers, confused children wondering when Mom and Dad will be home, and a medical profession now missing two pairs of healing hands. Let's make the truth known, and begin the next phase of this tragic journey. While this takes place, JPD needs to be forthcoming with information regarding this wreck and avoid certain appearances.

50 comments:

Anonymous said...

There is absolutly no reason that the results should take this long. If the driver had been an average joe instead of a rich family member we would know more than is even needed to release a statement. We will see how the local justice system handles this case and what follows from the victims families.

Anonymous said...

KF, you know that at some point you will have make a FOI request for the investigation reports, don't you.

JB

Anonymous said...

Photographer taking numerous photos of crash site from multiple angles this morning ~11:30 AM.

Anonymous said...

It makes me sick that the powers that be are trying to cover things up about this accident. I know as a EMT whenever I come up on an accident I can immediately tell if alcohol was involved from the smell of blood and antifreeze at the scene. It is a smell that you never forget. Whether or not she was legally drunk could be determined very quickly and considering the condition she was in I am sure that UMC had a Stat request on her toxicology report at the hospital so they know what they could treat her with. I sincerely hope that this all comes out soon.

I sincerely hope that the Irby children are spared from all of the this, both the young children and his adult children.

Anonymous said...

With the "implied" conflict of interest between the police department and the Irby family, why hasn't other law enforcement (i.e., FBI) been brought in to take over this case?

Anonymous said...

That would be a good question for McMillin.

Anonymous said...

what constitutes probable cause for an arrest in this case?

Anonymous said...

Is Jackson and state government really this corrupt that they would deliberately drag this case out to let it slip under the rug?????????? Am I that naive?

Anonymous said...

After today and the whole Melton thing- anything can happen at this point. It is sad to know Jackson is now this corrupt. I worked in trauma many years and we were able to get results back within hours after a MVA. Yes, I did work in another state, but UMC can't be that behind the times.... If this was anyone else- the Clarion Liar would have it on the front page. I don't think anyone should be slinging mud and making personal attacks at Karen Irby, she has a long road ahead... But it is time to respect the other victims and quit all the BS and sugar coating. All those involved and try to cover up or are "paid off" - they will have to answer to the one who really matters.Justice will be served. It may just not be in the Jackson Court systems.

Anonymous said...

Who is this f'ing stupid.

Anonymous said...

what has it been .....10 days???

you people need to get a life !

No wonder you are not in charge of anything, because you would surely screw it up.

JPD is obviously documenting and investigating this case thouroughly. Likely, charges will be brought and the discussion of all these questions will be handled where they are supposed to be handled,,,,, in court, with lawyers and a judge.
Rather than on internet chat boards.

Anonymous said...

Well said ! ! !

Anonymous said...

Actually, this is not a "chat board." It's a blog. I know this new techonology thing is confusing for you.

Anonymous said...

What are you doing on here if you posting comments on a blog is such a waste of time?

Anonymous said...

No wonder you are not in charge of anything, because you would surely screw it up.

Oh, yes, here they come. The pollyannas on parade again.

Let's see. The city is flat busted broke, the Great White Hope known as Malcolm McMillin has been a complete failure as Police Chief save for his unilateral hijack of a chunk of the JPD budget to provide special protection for a small group of white money hineys downtown, DJP and SafeCity's hand-picked puppet mayor is a drunken disaster with an un-natural fondness to little boys, city employees have opened their own virtual gas station on the taxpayer's Fuelman dime, the murder rate has returned to the record levels of the mid-90s, a broken sewer pipe under a major thoroughfare has gone unrepaired for eight months (though that is the status quo) in the ward that pays 38% of all city property taxes and Jackson is hemorrhaging taxpayers at a faster rate of decline than any other previous decade.

Considering how Jackson is already totally and completely screwed up I don't think anyone reading/posting here could do much worse.

Kingfish said...

Ouch. Couldn't have said that any better.

For the record, I think its going to take a few weeks for the toxicology reports to be completed as the drug portion is a longer test.

Anonymous said...

So, is everybody officially claiming 'coverup' ??? Or is it just a bunch of yahoos seeking entertainment.

Anonymous said...

*** Post above authored by a yahoo seeking entertainment ***

Anonymous said...

There is no reason that the driver of the car should not be already arrested and charged with manslaughter. She could be arrested in rehab or in the hospital. The results of the blood alcohol and toxicology report don't really matter tha much. (If she was drunk or impaired by drugs, those charges can be later added.)

Kingfish said...

12:25:

no, I'd say the trigger fingers of some are itchy.

Anonymous said...

If the BAC is back (which it is from all accounts), they should know whether or not she was drinking.

If she was not drinking, release it. If she was drinking, arrest her.

Anonymous said...

I apologize for the previous post, the BAC may not be back yet. I thought they released that the BAC portion was completed.

Anonymous said...

"There is no reason that the driver of the car should not be already arrested and charged with manslaughter. She could be arrested in rehab or in the hospital."


This is a great example......

what law school did you flunk out ??? what kind of criminal justice degree did you purchase
from a matchbook cover???

Kingfish said...

I think he sat in Steffey's criminal procedure class.

Anonymous said...

Hospital bedside arrests are made all the time. McMillin is pulling out all the stops to go easy on someone married to a big time campaign contributor. If the Irbys were the victims and the driver was your average Joe or Jane they would have been arrested long before now.

Anonymous said...

*** 2:00 PM post above authored by the same yahoo seeking entertainment ***

Anonymous said...

"Hospital bedside arrests are made all the time."

give us an specific case

Anonymous said...

Prove otherwise.

MS Criminal Code said...

Arrests for criminal offenses, and to prevent a breach of the peace, or the commission of a crime, may be made at any time or place.

An officer or private person may arrest any person without warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence; or when a person has committed a felony, though not in his presence; or when a felony has been committed, and he has reasonable ground to suspect and believe the person proposed to be arrested to have committed it; or on a charge, made upon reasonable cause, of the commission of a felony by the party proposed to be arrested. And in all cases of arrests without warrant, the person making such arrest must inform the accused of the object and cause of the arrest, except when he is in the actual commission of the offense, or is arrested on pursuit.

Anonymous said...

that code says the officer 'may' arrest , it doesnt say 'must' arrest.

I think some people think that the average joe would be handcuffed to the hospital bed, and they seem to think that is standard police procedure, and I challenge that.

Anonymous said...

There is no arrest as the City of Jackson does not want to pick up the tab for any medical bills.....once she is released and it is proven the BAC is DUI...then an arrest will be made. And yes..that does happen all the time! Everyone must be very careful in the documentation of this case as I am sure there will be a DREAM TEAM of lawyers at the Irby's side....Remember OJ

Kingfish said...

EXCELLENT point. We've heard Mac for years raising hell about inmate medical bills so that might be the case.

However, playing devil's advocate, I'm sure she would have a bond so if a bail was set and she bonded out, wouldn't she still be responsible for her own care? Just curious how the law works in such cases, not necessarily hers.

Anonymous said...

Just a Cop not a lawyer...but I am sure that is the case.

Anonymous said...

Inmate medical bills have never stopped McMillin from making high profile arrests before, as Sheriff, when doing so got his big round face on the evening TV news. K.Irby could be arrested and O.R. released in the blink of an eye if dodging the medical bills was the hold up. I truly doubt the family would say 'No, wait, hold on there Chief. We want Karen incarcerated'.

Anonymous said...

Here's a random case from Florida


February 24, 2009
A Boca Raton woman blamed for an August crash that killed two people on Interstate 95 was arrested Monday on DUI homicide charges, the Florida Highway Patrol said.

Daniela Torres, 20, was charged with two counts of homicide and lesser counts after a six-month investigation.

The crash occurred south of Palmetto Park Road about 3:30 a.m. Aug. 21 when Torres' Saab rear-ended another car, investigators said. Troopers said she caused the crash when she went into the far right lane to pass a car and struck the rear of a Mercury.

The Mercury was pushed off the road, and the driver and a passenger were thrown from the car and killed. A third passenger survived.



Torres was not injured. Records state the Highway Patrol cited her twice in recent years, alleging unsafe driving, in two other crashes on I-95.

She was booked into the Palm Beach County Jail and was expected to appear in court this morning, the Highway Patrol said.

Anonymous said...

and yet another one ,,, this time the victim was the wife of the DA in Memphis....... accident happened in October and charges brought in February.,


Wednesday, February 4, 2009

The Ripley woman behind the wheel in the October car crash that killed the wife of 25th Judicial District Atty. Gen. Mike Dunavant has been indicted on charges of vehicular homicide and DUI.

Melody D. Caldwell, 36, was driving friend Jackie Dunavant's 2005 Lexus convertible when the car crashed in Lauderdale County. Jackie Dunavant was a passenger in the car.

Caldwell was arraigned Wednesday before Lauderdale County Circuit Court Judge Joseph Walker, officials said. She's charged with vehicular homicide due to intoxication and vehicular homicide due to reckless conduct and DUI.

Mike Dunavant is not prosecuting the case. Prosecutor Robert "Gus" Radford is serving as district attorney general pro tem.

Shortly before 11 p.m. on Oct. 4, the Lexus, heading west on Tenn. 19 near Ripley, swerved off and on the road, skidded across the highway, veered into a culvert with boulders, flipped and landed on its top, according to a Tennessee Highway Patrol fatality report. Dunavant, 43, died at the scene.

According to the report released in October, both women were believed to have been drinking alcohol before they got into the car.

Mike Dunavant, whose district includes Fayette, Hardeman, Lauderdale, McNairy and Tipton counties, declined to comment to The Commercial Appeal Wednesday.

Two days after the crash, Mike Dunavant released the following statement: "I have complete faith in the Highway Patrol in the thorough investigation into Jackie's death."

Anonymous said...

so, all you legal eagles .... watch a few more episodes of CSI or Boston Legal or whatever you are basing your theories on ....

Let the legal system do its work !

Anonymous said...

I am not a "legal eagle" - far from it. Question - was Karen Irby driving the car that killed Dr. Pogue and Dr. Dedousis? Yes? Why hasn't she been arrested for these deaths? Is the law in Mississippi that you have to be drunk to be charged?!?! I guess I would never make a good juror - the deaths and who caused them seem indisputable -- the why and how can be determined later and the severity of the punishment can then be determined. Let's recap ... two people died ... Karen Irby was driving the car that caused these deaths ... end of story - charge her!

Anonymous said...

If you will kindly send Hinds County Sheriff Malcolm McMillin $20,000, or more, for his 2011 re-election campaign then I'm sure he'll personally ask JPD Chief Malcolm McMillin to favorably review your request for special considerations.

Kingfish said...

The cost issue makes a lot of sense. She isn't going anywhere so why stick the city with a million dollars or so in health care costs? The drug portion of the toxicology report takes awhile. Not time to freak out and start accusing anyone of cover up. Now if in six weeks still nothing, then its time to start raising some hell.

Kingfish said...

Interesting how the media hasn't mentioned this. And trust me, they do know about it.

Anonymous said...

Stop spreading FUD KF. The cost is only an issue if she remains in physical custody. She can be arrested and released immediately.

Anonymous said...

I dont see how anyone can ignor the two recent cases involving DUI homicide. one , in florida has taken 6 months investigation, the other involving the wife of the DISTRICT ATTORNEY in Memphis took 4 months to actually bring charges ! ! !

Why not allow the JPD more than 2 weeks to conclude their investigation ?????

Anonymous said...

There was a surveyor measuring the crash site today (11:15 am). Was taking elevations at point of impact and also where truck stopped/burned at wall. Elevations/distances also measured at various points along Irby's Old Canton flight path to point of impact.

Anonymous said...

Sounds like a comprehensive investigation is continuing.

Anonymous said...

I don't think anyone would be so naive as to think that an investigation could be completed in a coupld of weeks. They should take all the time necessary to do it right. Additional charges can always be imposed as determined by the investigation, can't they? Why has Karen Irby not been charged with anything in the deaths as of yet? She was driving a car that resulted in the deaths of two doctors - fact.

Anonymous said...

why was that woman in Florida not charged until 6 months -or- the driver of the car that killed the wife of the District Attorney until 4 months..????

Do you think that maybe you dont really know what you're talking about???

Why dont you call the Memphis
District Attorney let him know
how easy these cases really are?

Anonymous said...

I,m sure that the law enforcement already know the answers.I don,t live there in that state but know that this sort of thing does not just happen in jackson.I hope that this is not a cover-up and that the law is followed in this case.To cover it up would not be helping the Irby,s at all.You see all that try to cover this up will only be fooling themselfs.GOD SEE,S AND KNOWS ALL,and i would not won,t to be in there shoes.I would not want to burn in Hell over a payoff to keep the Truth from coming out!!!!

Anonymous said...

Nah, I think if you're rich enough and contribute publicly to enough campaigns and public/private initiatives, God's pretty cool with manslaughter, especially if you slip a little cash his way...

california drug rehab said...

this is more on allegations but i am sure that it has a bases.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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