Jackson Jambalaya

Nothing will replace these fine physicians and no amount of money will end each familiy's heartache. But I hope they get all $ 40 million.

they deserve everything that the Irbys have They could set up medical scholarships in the deceased name.

Zapped because I know you are facutally wrong about one thing in there.

So we begin the final countdown where we'll soon learn if the Irby's plan to fold and settle this matter out of court or if they'll expose Sheriff Campaign Contribution's actions of that fateful night which will effectively end his political career once and for all.

yup.

What do you know, the CL is all over my site.

Well, good for the Pogue and Dedousis estates, and I hope they get every dime of the $60M dollars. So what kind of timeframe are we looking if this suit goes to trial? After or before the other one?

If the C-L is anything it is predictable. WLBT is reporting it. Fox40 too w/ the PDF.

WAPT won't report it until the JFP puts it out on Twitter. But after that they'll go blindly whole hog with the story.

Something tells me that old Stuart is going to long for the simpler days when the worst thing that could happen after getting drunk was that you banged your buddy's wife in his own house while your buddy was sleeping off his drunk in the other room.

I can not open the copy of the lawsuit. Who is the Atty?

You've got a 404 @ your link at the top KF.

fixed.

Don't hold your breath October 5, 2009 5:22 PM that the Jackson Free Press is going to cover this story. They and some of their pet causes have been the happy recipients of Irby generosity over the years. They bite hands over there but not hands that feed them.

Zapped because I'm trying to keep the hints and innuendos under control. I'm sure the CL will have its usual Romper Room about this story. Took a look at it and just didn't feel comfortable with it. We still like you over here.

If Ladd refuses to report on Robbie Bell's reckless actions -- leaving Heather Spencer dying on the floor of her house for 7 hours -- then you won't see her JFP mouthpiece cover anything that remotely gets close to Irby wrongdoing.

Its more important to be able to talk to Mac over at Broadstreet than discuss his compaign contributions.

So, could someone tell me now that the suit is filed for $60M, what happens next? When will the date of the trial be determined? Is there any advantage to filing this suit before the criminal trial begins? Will Karen and Stuart have to answer questions from the lawyers of the deceased?

We have a friend who blacked out in February of this year. He just started driving again in August. His license was taken away for 6 months.
I was under the impression that it is the law that you can't drive for 6 months after a blackout/seizure.

I guess the question is??? was she under a doctor's care for her blackouts?

Did the Grand Jury have this info when they handed down her indictments of depraved heart?

I wonder why John Booth Farese? I think criminal when I think of the Farese Law Firm. There are a lot of great trial lawyers outside of Jackson I would have gone to over JBF. Anybody know the scoop on how he got this case?

I'm deleting some of the comments that tend to gossip on what she is doing. I've seen similar comments on other sites in the last few months that turned out not to be true. Not saying you weren't accurate, just trying to keep the rumors to a minimum.

A "black out" is not the same as a seizure. This is an interesting new twist.

I remain appalled that Karen still has her driver's license and permission to use it.

KF, you should be able to confirm at least two rumors. Don't you know anyone in Eastover?

I'm not bent out of shape about the driver's license as she was not charged with a DUI. Keep in mind Green's order said it was a monitored bond. I've never thought of bail as a fine or to be used for locking up someone and throwing away the key; its to ensure someone shows up for trial. In this case, I would've given her a much higher bond, like half a mill to a mill but no house arrest. Anyone with some sense in such a situation wouldn't have been out living it up in public anyway so it pretty much would've been a house arrest when you really think about it.

As for knowing people in Eastover, the problem is getting people who live in Eastover to actually claim to know me.

I used to blackout.

Then I stopped drinking and popping Xanax and all of a sudden my blackouts went away.

True story.

Note how many times "(and/or other
intoxicants)" is mentioned in the complaint...

Any oddsmakers around these parts? What is the line on whether or not this goes to trial?

The Fareses are very strong attorneys, in both civil and criminal matters.

Still haven't seen this on the CL website. Bueller? Bueller?

BET STUART WISHES HE HAD LISTENED TO THOSE WHO TRIED TO TELL HIM SHE WAS NOTHING BUT TROUBLE.

Its on the CL website now.

Notice anything about how the story was written?

KF, I am upset about the DL though I understand what you are saying.

The fact is that if she is/was having " blackouts" and is still allowed to drive, she is a RISK to herself and others.


Indeed, she should never have had a driver's license at ALL with such a medical condition!

Whatever entity is "monitoring" her should consider the risk they are taking when they give her permission to drive.

And, I'm very upset about the " level" of "monitoring" in general and not from unconfirmed " rumor" but eyewitness accounts.

I think of bond as a bit more than just guaranteeing the person show up for trial but assurance that incarceration isn't needed to protect the public.

10:08: Here is a question for you. Why exactly was Mrs. Irby driving Stuart's car? Was Mr. Irby too drunk to drive himself or was that actually her car, just titled in his name?

I think Mr. Ware can vouch for the fact that Stuart often did his thinking with something other than his brain.

If she has a medical condition. Right now that is an allegation and has not been proved.

Like I said, I have a different opinion of what bond should be. I think the bond should have been a good bit higher but I wouldn't have imposed house arrest either. She had no prior felony convictions. One misdemeanor over ten years ago for disorderly conduct, which was probably nothing more than shooting her mouth off to a cop or something similar; that is their favorite charge to use if you argue with them. Never was convicted of a DUI itself, but refusal, so there is no evidence to truly show she has driven drunk in the past. So relatively clean record and the only misdemeanor conviction was 11 years ago. Injuries and kids are strong factor too in reducing the risk of flight. Not taking her side, just pointing out all the factors here. This won't be popular thing to say but this was not a case that should have had bail denied.

She surrendered her passport, right?

I'm zapping the innuendos. Shoot me an email and I'll check it out. Be more than happy to do so.

Yes, the passport was surrendered. If it had been me, I would've grabbed a few mill and gone to France when I had the chance.

Since Stuart is the one with the deep pocket, it is clear that the civil suit was solely designed to put him as the target. Seems pretty weak for negligence. (depending on her blackout history- rather more likely that she has been quite a safe driver over the years)

continuing.... I am no lawyer but I wonder if this gets settled for millions, does that imply that criminal case would have less vigorous motivation to
pursue conviction and sentencing.

I know the civil and criminal are
supposedly un-connected , but the real world might have more direct implications.

Most all causes of blackouts with a lost of consciousness are either drug/alcohol related or involve a treatable underlying condition.

That there would be undiagnosed repeated episodes defies logic given the risk of injury...both doctor and patient would be determined to know the cause.

Alcohol combined with recreational or prescribed drug use is a common cause of blackouts with loss of consciousness...especially the use of cocaine, ambien and xanax type drugs. Patients the prescribed drugs are made aware of this.

If there was a condition, then why aren't the plaintiffs going after her doctor? My understanding is if you have a condition that causes seizures or blackouts, the doctor is supposed to take steps to get license suspended. Honest question because I don't know how that works. I've had two friends whose licenses were revoked by their doctors.

All right knucklehead, you know why that got taken down. cute.

"My understanding is if you have a condition that causes seizures or blackouts, the doctor is supposed to take steps to get license suspended. Honest question because I don't know how that works. I've had two friends whose licenses were revoked by their doctors."

There's no power attached to my MS medical license that gives me powers traditionally assigned to the DMV. The few patients I have had who fit into this category were all reasonable when I explained that they were at risk of killing themselves or others, and voluntarily stopped driving. I don't know what the procedure is for reporting someone who has a major medical problem causing blackouts (aka syncope) or seizures but who refuses to stop driving.

KF,Why do you think they haven't released Stuart Irby's BAC to the public?From what I've heard he was pretty intoxicated that night at The Country Club of Jackson.

I took that down because I'm being a little strict on the stories about someone may or may not have been doing. Their lawyers and PI's are on here all the time and I'm sure have itchy trigger fingers and would race each other to the courthouse to file something against me.

Is it known whether she was tested for "other substances" besides a BAC? Is there credible info as to whether she was on any anti-seizure meds? Some seizure meds are used to treat other conditions. Have any doctors been dragged into this yet?

No but the motion to postpone does mention they will be using a neurologist.

I also think that we will find out his BAC at trial.

2:07 don't know about Stuart's prior DUI's but I do know he's been in Rehab several times for Alcohol Abuse.

What happened with Karen 15 yrs ago?

Well then. I hope Karen's female relatives have the pleasure of visiting her in whatever correctional facility she ends up. They have blood on their hands just like she does.

At least Karen is alive. The doc's families have to visit headstones.

I took those down because they were false allegations or contained facts I knew were false. Like the Irby's don't have a jet. Its a single piston plane. Its nice for hopping over to Atlanta or Disneyworld but I wouldn't want to fly it to the Rose Bowl either.

Here is my thought on this whole deal. I don't consider .09 to be drunk. I don't care what the MADD Nazis and the law says, in reality thats not drunk. I just can't see someone who is not drunk or barely drunk just going 114 mph down Old Canton Road on 2-3 glasses or so of wine. I just don't see it. So that makes me wonder if something else was going in. Were they fighting in the car? Something else no one has thought of? What? Yeah, I know, she was speeding on Spillway ten years ago. Ummm...how many of us have done that sober? Right now my theory is there was an argument or fight in the car. She has head turned as they are arguing or fighting, doesn't even turn the wheel cuz she is going faster than she thinks, goes straight ahead, boom. That is more plausible to me than she she drove over 100 mph on .09.

Kingfish..., that's enough. Stop; right or wrong... just stop. You are probably dead on, but stop.

Agree, KF. Except for the .09 thing. I don't drive after more than a glass of wine, but that's just me, you never know how an empty stomach may affect you, etc.

But, I do certainly agree with the fighting theory. And I'll leave it at that for now.

Here's my question I've wondered ever since the morning after, ..does anyone else think (say the fighting theory was going on in the car) that Karen was maybe that far over in the lanes because she was heading for The Glen entrance to get OFF THE ROAD (even though it's gated, but just to get OFF).. and the speed plus the 'possible' chaos in the car at the time made her not make the turn into the Glen, and that's how she ended up in the oncoming traffic.. not it that makes it ok, just a thought I have when I drive by it sometimes.

As a person into racing and speed, I'm not even going that fast unless there was a bet and a quarter mile track involved.. so I'm with KF, you don't go 100+ on a public road for shits and giggles with a buzz, folks. Perhaps there was a reason there..

But if the BAC measure was taken some [x] hours after the accident she may been higher at the time of the accident.

Anon @9:37, ding, ding, ding, we have a winnner!!!

JB

I wouldn't expect a trial date in the near future in Hinds County but it does depend on which judge has been assigned to the case. Alot depends on which judge gets assigned the case including how many millions of dollars this case is worth. This case will never see a jury.

S...GOP, your slip is showin'

C'mon what do you say, Mr.fish?

about?

The fighting theory. Is it true?

I for one think it might be...

Only thing is, good luck proving it.

You don't have to prove it, just create reasonable doubt.

GOP Stilletto...love ya but why pull into the Glen which has a gate when you can pull over to the right so much easier?

And, yeah, the BAC at .09 could mean drunker than a skunk if it was taken hours later.

And, would everyone who knows someone with a substance abuse problem that does Jekyll and Hyde after one drink, please raise their hands? Oh, gee, can't count that many.

I'd have to see the 'script for "seizure" medication to buy that one!

The question becomes how can so many well -to -do, respectable, church going people all know and socialize with Robbie and son, the Peach, Ed Peters, Bernie ,Stuart and Karen et al and not ask ourselves if something is rotten in Denmark? How did our moral compasses get so off kilter? How is it we turned a blind eye and failed to disapprove?

if anybody wants to speculate about something else for a change, they could spend time speculate on the great grisham-esque imponderable of the past 3 weeks namely, "where are the evans boys?"

lots more possibile scenarios and a whole lot more mystery, money and victims involved in that one....oh, and it's victims people love to hate instead of victims people knew and loved

signed,
8.14.09@3:56p.m.

What the hell are you talking about?

Er, fish, you were the one that posted Karen's previous DUI info.

Lemme ask it this way: IF there have been previous DUI's other than the one on Rankin county by EITHER of the occupants of the vehicle, can those be brought out by the Doc's relatives lawyers?

But yeah, anybody that gets one DUI and then turns around and EVER gets ANOTHER DUI is a special kind of crazy. The kind that doesn't need to be out among normal people. Ever again.

Hey, 11:41. Yeah, the Glen "just get off the road quick" theory is weak. I knew that'd catch hell. But that's all I got. Was thinking maybe was already in left lane and thought, cars on the right, hang sharp left to just get off the rd. But again, weak theory. I agree.

But extreme chaos in the car, plausible. My whole thing is the 114mph. I know, it's a "smooth" Mercedes not a Chevelle, but come on, why THAT fast? -and the answer to that may indeed be the whole culprit. But I hate the speculating game, it brings no lives back, which is why I rarely comment on Irby. Just still prayin for the families. Christmas is coming up for example, gonna be tough.

And, 8.14.09whateverthe hell, just come out and say it or shoot KF an email, geez.

My theory is he threatened to divorce her again and reminded her of her prenup. Or reminded her he had the upper hand in the entire marriage because of the prenup and could act with and how ever he wanted, including other women.

Crazy Karen decided she was tired of the whole thing and tried to kill them both. 'I can't live like this anymore' was going on in that car along with whatever fight may have been engaged in.

Docs just in the wrong place at wrong time.

The fact that there might have been serious psycho meds involved with BOTH of them just tells me that obviously money doesn't make you happy. Or sane. Regardless of the 'jealousy' tack the Irby defenders take.

Sounds like they'd both BE happier and saner if they had to get up and go to regular jobs every day to make the mortgage payment just like the rest of us.

And the roads would obviously be safer.

Several people have noted correctly that it is impossible to work backwards from a single measurement of BAC to calculate the level at the time of the accident. She should have had an ethanol level drawn as soon as she reached UMMC (it's standard procedure - docs need to know if they are likely to be dealing with someone going through the DTs in a day or two), but since it is not part of the legal chain of evidence it is not admissible in court; only the sample handled in the state lab (drawn later, apparently) is admissible. So a level of 0.09, drawn at some unknown time after an accident, only shows the level was higher than 0.09 at the time of the accident but not how much higher it was.

Here is my theory.

1. Karen was intoxicated.
2. She caused the death of two promising doctors.

The rest is just color.

All right, I took a couple because they could be libelous as they spoke about medical conditions without any proof and were pretty deragatory.

As for the previous DUI, I know I'm the one who brought it up. Here is my point, we don't know if she was drunk or not. Probably was but never took the test. Back then the legal advice that was pretty well known was refuse the test, get convicted in justice, then appeal to county and attack the conviction there. That officer also was disciplined and got in trouble down the road for a few things.

As for any previous DUI convictions, my understanding is they can be used at sentencing.

As I wrote earlier, I really don't think of .09 as drunk. I'm sorry but people don't go speeding at 114 mph on two glasses of wine. There is another reason why she was going so fast. Maybe the Evans boys can answer that question too since they seem to be involved with everything else.

I agree with stiletto on the speculating game.I hate it.If you don't know something for a fact then why even speculate. Kingfish is all about facts you know.Like the person calling her "crazy" Karen.She's NOT the one with a Bi Polar Disorder it's Stuart.Why don't we say he's crazy?just sayin'.

They are both "nutty" in my opinion. With all the resources they have, why not just call a cab?

What about pooper scooper?

All right, here is the deal. The only evidence of any mental conditions on Karen's part is an allegation made in a lawsuit about her blacking out. Anything else such as she is manic, bi-polar, suicidal, schizophrenic, autistic, a druggie, werewolf, a nymphomaniac, an LSU fan, a father-raper,a good cook, or a litterbug on Thanksgiving Day, gets zapped.

Who are the Evan's boys?

dunno. someone keeps mentioning them every so often in comments on various posts and we've no idea what the hell he is talking about.

No the word is "prominent" - not crazy etc...how many TIMES can the news stations say that! Old, very old!

Kingfish, did you see the article in the CL on this lawsuit? Mr. Irby is named in at least half of this lawsuit and it hardly even mentioned his name.If they are going to report on something such as this, they need to included the whole story. Oh, I forgot he's probably got buddies at the CL that watch out for him.

Ok. Let's go a step further. Let's say they were both drunk and fighting in the car. Therefore, she lost control of the car, crossed two lanes, and killed the two young doctors. How do her attorneys defend this? What could they come up with to defend her? What if anything helps her? I can think of absolutely nothing.

10.7.09@9:51am:

they are a jackson lawyer [that i went to law school with] and his developer brother

go here http://www.madison-co.com/elected_offices/chancery_clerk/court_house_search/case_file_inquiry.php

put in "20091311" as case number

this is a ginormous fraud case involving a whole lot of MS banks and a huge and growing e$timate of fraud, probably around $200million

the court file is sealed by the insurance companies for some reason....hoping KF can get the low-down on it

Kingfish,
Why hasn't the families of these doctors said anything.
There was another article in the CL today. I don't understand why if all the parties involved are supposed to be good people then why does everything have to take so long and end in trials, what ever happened to people taking responsibility for them selves and stop making the lawyers rich and settle. There have been 3 families ruined. As long as his goes on there will never be closure for the families and what is this telling their children about doing things right .When you make a mistake,take responsibility, and move on. anyone know how the Irby's children are doing? They also need support.

Being it was a drunk and reckless driving case, shouldn't madd be doing something for the families?

You can get the original filing on the Evan's off the electronic filing system. It's pretty interesting stuff, especially the orders.

http://www.madison-co.com/elected_offices/chancery_clerk/court_house_search/case_file_inquiry.php?do_search=Submit%20Query&case=20091311&moreinfo=20091311

I too do not believe that 0.09 is drunk or, realistically, intoxicated to the point that you do NOT know you are driving at or around 100mph. For, how many of us have 1-2 glasses of wine at our favorite watering hole then get in our cars to drive elsewhere? Do you realize that if you were pulled over at this time, you would more than likely register OVER 0.08? BAC levels rely on many factors; weight, intake of prior food, height, fat volume & female or male gender. This point brings me to my question. Why cannot the ethanol level, which is mandatory & drawn at the time of arrival at the hospital, not be evidence & admissible in court?

Anonymous asked, "why hasn't the families of the doctors said anything". As a person who has gone through a similar tragedy & loss, i can tell you the attorneys ask the families to not speak to the media. To get ANY answers, to find any justice, you MUST hire an attorney & wait out the l-o-n-g & very frustrating judicial system.

The doctor's families are SMART! They need to continue to keep their mouths shut.

October 7, 2009 1:42 PM

how do i get there? that link doesn't let me see any of the filings themselves....

2 questions:

Why are the Evans Brothers listed on this thread---What am I missing ?

What is the 'jist' of the lawsuit that is referenced in the previous posts ?

5:11 pm, I have the same question as clearly the first BAC is the most accurate. If it can't be used, that is a law that should be changed.

BAC FACTS:

On an empty stomach, a BAC of .08 is 4 standard drinks in one hour for a man weighing 170, and 3 drinks for a woman weighing 140.

A standard drink is 14grams of PURE alcohol to 6 fluid ounces or 1.3 beers,1 glass of wine,1-2 mixed drinks ( mixed drinks vary).

With a BAC of .08, it takes 6 hours for the alcohol to be eliminated from your system.

A driver with a BAC of .08 is 11 times more likely to be in a fatal crash than a sober person.

At .02 BAC, your response time and coordination begin to be affected.

These facts are based on REPEATED research that showed the exact same results. That is how .08 became the standard common nationally.

We know the Irbys dined with friends at CCJ that night. I'd estimate Karen's weight at 110-120lbs.

I think we can all agree that 5 beers, a bottle of wine and 4 mixed drinks in an hour on an empty stomach is not the social drinking we all do especially when one considers these are EMPTY stomach figures.

Just because people we know with DUIs claim they only had " a couple of drinks" and hold their liquor well doesn't mean they weren't drunk. Surely, you've known people that seemed fine until they got sick or passed out.

Regardless whether we think a person with a BAC of .08 is drunk or not, the law says they are. The real question in all this is why she was driving over 100 mph down Old Canton Road. I don't even know how she could have gotten to that speed with the traffic usually on that street. She had to have been weaving in and out of traffic and switching lanes often so this tells me more than likely she wasn' that drunk, but it was the speed of her car when it hit the truck that caused the two young doctor's to burn to death. Finally, what is going to be her defense? How in the heck can any lawyer explain Karen Irby's actions that night?

They'll argue that she was only negligent and not acting with a depraved heart. They'll go for a lesser included offense of aggravated dui which carries 25 years instead of life. then they hope their "prominence" will bode well for a lighter concurrent sentence. either that or they will say she "blacked out" due to a medical condition and that she actually did nothing wrong at all.

Why is Tricia Raymond still in charge of MADD in Mississippi?

10:24 I don't disagree with your analysis of what her lawyers may try to do.
I do think it would be "depraved" to have a medical condition that causes you to " black out" and still get behind the wheel of a car.
I would consider it especially depraved to drive when the finanical resources to hire a full time driver clearly exist.
So, to me, that is the dumbest( and most outrageous) of the available strategies.

Why is Tricia Raymond still in charge of MADD in Mississippi?

I think she isn't. She's busy pushing her book. Funny bio. No mention of her efforts to pass the racist SafeCity green zone legislation or her deep involvement in the Melton campaign.

Stuart Irby was seen wandering thru JULEP today at lunch.

What was he like, no one has said that they have seen either one of them since the accident, except for Karen getting her nails done.

Stuart is supposedly doing better. He goes out to eat often.