Friday, November 4, 2011

Irby case dismissed.

Madison County Circuit Judge William Emfinger dismissed the indictment against Stuart M. Irby, Sr. on November 2, 2011. Mr. Irby was indicted for cyberstalking Lehman Bounds, III, ex-husband of Karen Irby, after he sent him a picture of his seventeen year old daughter's face photo-shopped on the upper body of a swimsuit model. Earlier post with copy of indictment and the rest of the story.

The District Attorney requested an independent psychiatric evaluation of Mr. Irby in September. The doctor said he suffered from "severe, permanent brain injury as a result of the trauma" and that he "lacks the ability" to "intelligently confer and consult with his attorney with a reasonable degree of rational understanding". The report states he is "incapable of making reasoned decisions".

The order drives the nail into the indictment's coffin:

"At the time of the act constituting the alleged crime charged against him the Defendant did not have the mental capacity to distinguish between right and wrong in relation to such act."

Sources informed this correspondent the frontal lobe of Mr. Irby's brain was damaged. In layman's terms, this means the part of the brain that regulates behavior has been severely damaged and Mr. Irby is incapable of distinguishing between right and wrong even if his cognitive skills are less impaired.

One question not answered is why Investigator Vicki Curry and the Madison Police Department stated in the police report Mr. Irby cyber-stalked Mr. Bounds' daughter when in reality Mr. Bounds was the victim. Mr. Irby never contacted the daughter. It will be interesting to see if further action against Ms. Curry and other officers is taken by Madison PD or Mr. Irby's lawyers.




45 comments:

Anonymous said...

So, he's officially crazy/brain-damaged and can't form criminal intent or assist his lawyer in preparing a defense?

Should the public be protected from him?

Anonymous said...

Let's see- If my client gets such a psychiatric opinion, the State always moves to let Whitfield and their experts evaluate them before just dismissing an indictment. Even if originally incompetent, Whitfield tries to school them and make them competent. Plus, according to this report, Irby is legally insane as he is unable to have distinguished right v wrong at the time of the offense. My clients are then housed in Whitfield for life or until returned to sanity. But Mr. Irby, now has a free pass to go commit any crime he chooses because he can't legally be held accountible. Oh boy- what next?

Anonymous said...

Is this on the cyber stalking thing? Sounds like this gives him an excuse to do pretty much what he wants.

Kingfish said...

First of all, he is no longer in charge of his own affairs. There is a conservator ship inplace. He has someone with him all the time. From what I understand the days of him being solo are over.

Anonymous said...

It's either William Chapman or John Emfinger.

Ironghost said...

I wonder who's next in his crosshairs.

Anonymous said...

I'd still advise against having Stuart over to get sloshed while your wife is in the house. My bet is the plumbing still works just fine.

Anonymous said...

Plus, according to this report, Irby is legally insane as he is unable to have distinguished right v wrong at the time of the offense.

That's funny in a way because not that long ago before the accident he had the same problem distinguishing right from wrong at the Ware's house.

Anonymous said...

And why DID that sweet woman Frances marry Billy Ware?

Anonymous said...

This has so degenerated to a soap opera.

Rebekah said...

I just said not too long ago that it has been awhile since we have heard anything about the Irbys.
Spoke too soon

Anonymous said...

The senses of a cat.

Anonymous said...

If Irby is insane and no longer in charge of his affairs, how could it be decided that he wanted to file for divorce recently? Someone obviously made this decision to file for his divorce from Karen. Is this legal?

Anonymous said...

Well, if your wife isn't loose then she should be able to be trusted just fine around any man.

Anonymous said...

Well, hmmmmm. Finally, it's official. He's insane and hopefully will be kept away from anyone or anything he could hurt again. A sure hope the young son is still with his Grandmother and his family and doing well. If this story isn't proof money can't buy happiness or health, I don't know what is.

Anonymous said...

Let's pray that his Drivers License has been revoked and the keys to any vehicles in his proximity are inaccessible.

Anonymous said...

Graham is doing incredible with Gayle. She gives him the stability and security he needed. He is also not at Ja anymore which is the best thing she could have done for him-

But MY biggest concern is what is going to happen to the Eastover/NE jackson swingers club without Stew? With the ringleader out of...touch with reality- Who is going to lead the pack? Going to be alot of new money a-holes without an ass to kiss. What on earth are they going to do?

Anonymous said...

What on earth are they going to do?

That's easy. Move to Reunion!

Anonymous said...

You might want to read the statute. Ever considered that?

Anonymous said...

Doesn't JJ have a resident lawyer, Sir Sporkulous, Esquire, aka Curtis Lowly Crowley, to advise, explain, and provide expert legal insight on these stories?
Or is he too busy chasing cutlery-carrying cronies (that's alliteration people!) from downtown cesspools? Oh yeh, guess Don Qrowley is busy with his windmills.
Btw, Kingfish, nice plug on wlbt at 6pm...doin their work for them as usual, eh?

Anonymous said...

Can someone please laugh at the guy that keeps stalking Crowley @910pm? He keeps repeating spork over and over again like it is going to suddenly become funny. So someone please laugh so he will go away.

Anonymous said...

Great, Stu gets off again. Karen, my prayers are with you! Serving hard time for an accident Stuart was complicit in. I really do think of you every morning when I wake up at 6 am knowing the MDOC arises you at 4:30 a.m. Bless you.

KaptKangaroo said...

Sarcasm is dripping here tonight.

KaptKangaroo said...

Hey 9:10PM you suck at english, grammar, alliteration, and any attempt at writing. Accept it and keep your day job.

KaptKangaroo said...

And here is my finest abbreviation without alliteration...










STFU

And, for the LOL, LMAO, LMBO, whatever to get you to leave in terms of acknowledging you...

Shadowfax said...

Why do I feel like I'm looking into the window of a ninth grade classroom with the teacher out of the room and a bunch of boys throwing spitballs, mooning each other and drawing pictures of the principal's wife on the blackboard?

Anonymous said...

Shadowfax it always seems that way to me.....

Micah Gober said...

Justice for sale in Madison County. I guess them judges got a good donation for setting ole stewie free.

Speaking of Reunion, I've been seeing alot of pumpkins, did they replace them pineapples or something..

Shadowfax said...

Irby is exceeded in irrelevance only by Kim Kardashwhoeversheis. I can't figure why you people are so infatuated with his non-story. At least do something productive, like fight over his bar stool at the Country Club of Jacktown. This whole thing takes 'who shivs a git' to a new level.

Anonymous said...

Why do I feel like I'm looking into ...

Why say anything at all?

It is what it is and through the clutter of a day at JJ is the best damn, most researched commentary from the biggest and most active commentariat of any blog or website in this state bar none.

You possess all the power if it bothers you to not read.

Anonymous said...

KF, a conservator will protect Stuart's finances, but do you REALLY believe the babysitters/bodyguards ( I assume there's more than one as humans have to sleep) will be 100% effective ALWAYS?
Stuart's already demonstrated that he can get away from his " keepers", hasn't he?

Anonymous said...

I can't figure why you people are so infatuated with his non-story.

Why are you so 'infatuated' with controlling the narrative here?

Shadowfax said...

I can only control my own commentary. I have no control, obviously, over the sophomores. @10:45, my remark wasn't addressed to or at the opening revelations. It was addressed 'at' the group of sophomore buzzards who display quite a bit of jealousy at Mr. Irby's apparent success in wealth accumulation, or inheritance. Stoning the injured comes immediately to mind. How does it feel?

Anonymous said...

Shadowfax, why do you assume the wealthy attractive jealousy? Most of the wealthy I know earn admiration and respect.
It is actually possible to be wealthy and be a law abiding, responsible gentleman and a good family man.
Then there are those who have gotten by with scandalous behavior ONLY because they are wealthy .

Anonymous said...

A turd is a turd. Some may be wealthy some not. I guess wealthy ones may be turds longer, or longer turds.

Shadowfax said...

I'll be honest with you. I knew nothing of Mr. Irby or his 'behavior' before reading about it on this blog. I've known the family name for decades but only knew of his father's reputation and credibility since the early days of electrical power companies in Mississippi, chiefly MP&L. Perhaps the silver spoon got lodged sideways in his jaw and something festered.

But still, there's no more evidence he contributed to 'the wreck' than there is that he has brain damage. Both are convenient propositions.

Anonymous said...

Shadowfax, that you and others defending him did not witness him engaging in bad behavior before the wreck is obvious.

Past behavior is about as good an indicatior of future behavior as humans get.

I think if, for example, someone sleeps with their best friend's spouse in that friend's home or moves their mistress into the home of their dying wife (even if the wife is unaware), those are indications that person puts their own desires before anything else. In short, they don't care who they may hurt or embarrass ( even their own children) or what laws they may break ( as long as no serious negative consequences will fall on them) to have what they want. They only think of themselves.

Such people will do " good works" for self-aggrandizement ( or tax relief). They will do favors to obligate people or further business interests. They learn to make others feel good about themselves as a tool of manipulation.

In short, you might be well treated by such people if you are furthering their self interest, but watch out if you get in their way.

If someone treats others badly because they can,you need to watch your back.

Shadow said...

Allow me to correct you in one small way, 8:50. I am NOT defending the man, only commenting on what I saw as a pack of buzzards on the side of the highway eyeing a scrap of fresh roadkill.

He may be the sorriest S.O.B. on God's earth for all I know. But loosely slinging around remarks about sleepovers and causing wrecks is, well, reckless....unless the one making the remark was perhaps present on one or both occasions. And since you mention that I did 'not witness' him performing those acts, may I assume that you DID? In which case, he's not the only one needing psychiatric evaluation.

Anonymous said...

My, 1:31. Aren't you the Bitter Betty? Why don't you go sit in a jail cell for 18 years and get back with us on how easy you had it?

Anonymous said...

Well, unlike some, i do not get behind the wheel after drinking. If you do, then whatever happens from the moment you put that car into drive is YOUR fault. She took two lives. If it were up to me she would spend life....
Nothing bitter at all. Not like she was 82 and being disraught over her spouse with cancer. She was just a drunk gold digger who killed two innocent people. The only reason she us upset is because she is in jail.
if you are going to be a drunk, fine. Just don't get behind the wheel and risk someone else's life because you are too pathetic to get help.

Anonymous said...

1:53 COmplaining about the spork fool makes someone a Bitter Betty? What does spork have to do with 18 yrs in jail (coincidentally the term given Karen Irby, who has nothing to do with spork, AFAIK)

Internal Affairs said...

The question now is whether someone will finally spank Vicky curry's butt for lying in that report and perjury. Hasn't she f'd up enough? What does it take to get fired from Madison PD?

Shadowfax said...

A month ago, the Curry lynch mob said string her up because she acted outside her jurisdiction. Now comes another lyncher claiming she perjured herself. Please explain.

Anonymous said...

And here comes shadowfax once again failing to read the documents kingfish posts and demanding an explanation about them.

Go back and read the post kingfish linked. The perjurious Vicky curry LIED in the police report. Read, shadow, then dispute.

Anonymous said...

Shadow, the sleepover at the best friend's house was documented in court records that were available on line. Apparently, you didn't go to the link. Indeed, Stuart confessed to his friend to help with the divorce.

The wrecks, other than the fatal one, are also documented.

I can see who is living in a house in my neighborhood. I can see people at social gatherings and can see which couples are being physically affectionate and showing romantic interest in one another.

Who is married to whom at any given moment falls under the category of " common knowledge".

I'm just trying to disabuse those who are impressed by the accumulation of wealth and the PR perks that follow that wealth and good character are unrelated.

You are the one who brought up family history.

And, I would suggest you also go into news archives on MP&L and read how Mississippians were promised that once they paid for construction of Grand Gulf, they would get a reduced rate. The excess power would be sold and our rates reduced.Why else would we want to support an increase in our rates when we didn't need the power? That hasn't happened has it? When MP&L became Entergy, that promise to Mississippi rate payers was quickly broken and not part of the " deal". Why do you think that happened, hmmmm?


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