Saturday, July 30, 2011

Stuart Irby indicted and the REST of the story.

A Madison County Grand Jury indicted Stuart M. Irby, Sr. on July 7, 2011 for cyberstalking Lee Bounds.





The indictment states Mr. Irby "willfully, unlawfully, maliciously, and feloniously cyberstalk Lee Bounds by electronically mailing or electronically communicating to another and knowingly making any false statement concerning indecent conduct of Hannah Bounds, the daughter of Lee Bounds, with the intent to threaten, terrify, or harass Lee Bounds, in violation of Miss. Code Ann. Section 97-45-15(1)(c).."

Such a violation is a felony if convicted and carries a penalty of "(a)Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both. "

That was the news portion, now for the informed commentary part of this post. Lee Bounds is the ex-husband of Karen Irby. These two men know each other- well. In fact, Mr. Bounds sued Mr. Irby for alienation of affection in 2004. The case settled in 2005. There is a history of animosity between these two men. Several sources have informed JJ what took place was the Irby family went to the King Edward hotel for Sunday brunch. Mr. Bounds was invited to bring his family, which he did. Mr. Irby took pictures and Mr. Bounds daughter was one of those photographed. Apparently Mr. Irby learned how to photoshop a few months ago and thinks its pretty funny to photoshop his friends' faces on other bodies like the Hulk, swimsuit models, and the like. He took the daughter's face (who is seventeen) and photoshopped it on some swimsuit models and emailed the pictures to Mr. Bounds supposedly as a joke. Unfortunately for Mr. Irby, the girl's mother is a Madison (city) police officer.

However, several questions must be asked about this prosecution. Why was the Madison Police investigating this incident as it involved one of their own police officers? Standard procedure would have been for the Madison PD to hand the case off to another law enforcement agency such as the Madison County Sheriff's Office. JJ obtained a copy of the police report several months ago but did not publish it because there are serious doubts about is veracity. The police report repeatedly claims Mr. Irby cyberstalked the minor. JJ had already done some digging on the case and learned the facts posted above. The report was not posted as I had a serious question as to whether it was slanderous as cyberstalking a minor is considered much worse than sending a tasteless or crude email to a grown man and I did not want to publish a police report containing false statements. The indictment was more accurate than the original complaint, police report, and media coverage were as it stated Mr. Irby contacted Mr. Bounds, not his daughter. Big difference. Big, huge difference.

I am pointing this out because here is what the media said back then about the case:

WJTV on March 22, 2011: "We also found out that Irby sent the 17 year old girl in the cyberstalking case an email 2 hours after he made bond."

WAPT headline on March 3, 2011: "Stuart Irby accused of cyberstalking 17-year-old."

WAPT after Mr. Irby's DUI arrest: "Earlier this month, Irby was charged in Madison and accused of cyberstalking a 17-year old girl." and this comment on the WAPT website: "House arrest?...after he recently bonded out for cyberstalking a SEVENTEEN year old.. but his recent behavior he has displayed a has "drunk pervert" written all over it....Smart men don't get drunk and chase teenagers, they get help.."

Then there are is this Clarion-Ledger story on March 4, 2011: "Stuart M. Irby, whose wife is serving an 18-year manslaughter sentence in connection with a fatal accident in which both were injured, is accused of cyberstalking a minor." and of course the infamous comments on the newspaper's website:



















Just one problem with all of these headlines and comments: Mr. Irby is accused in the indictment of cyberstalking his wife's ex-husband, not a minor. Does anyone think any these media outlets will clarify their original reporting? WAPT didn't. WJTV: No mention of indictment at all. Fox40: nothing. Clarion-Ledger: Reports indictment and Mr. Irby contacts Mr. Bounds but no correction or clarification. If it indeed comes out at trial Mr. Irby never contacted or cyberstalked the minor child, one would think the Madison PD and some media outlets are going to have some explaining to do in a courtroom one day.

Cyberstalking a minor child is a very serious crime on several levels. There is the penalty aspect of the crime. Even worse is the social stigma. One convicted of such a crime is forever seen by society as a pervert or a modern day leper. If it can be shown Mr. Irby committed a crime, by all means prosecute and convict him. However, do not smear him with news stories and comments claiming he is cyberstalking minors and is some kind of pervert.

Then there is the matter of actually convicting Mr. Irby. Its going to be very hard to prove there was an intent or element of malice. Mr. Irby suffered severe brain trauma. Anyone who has seen him or talked to him can tell he is "not right in the head". He is no longer allowed to manage his affairs. Then there is the matter of the relationship between the complainant and defendant. There has been litigation and other conflict between the two men over the years. Mr. Bounds is much younger than Mr. Irby, is much bigger than Mr. Irby, and knows his mental state. Most fathers would have either chewed out Mr. Irby or knocked his block off for a tasteless email about their daughters, not run to an ex-wife who just happens to be a cop and dig up charges to file. Of course, the question must also be asked if the complaint is predicate to a........ civil lawsuit. The trial in November should be very interesting.

11 comments:

Anonymous said...

Ironic how about the time that "All My Children" gets cancelled after 40 years on the air, The Irbys pick up the soap opera void...

Anonymous said...

This does on its face appear to be a smear job. Also, the law as written is broad and vague.

Does one email constitute harassment?

Another point, when it does come out in court that this is nothing more than a knuckle-head stunt on SI's part, will Lee be subject to prosecution for filing "malicious" false charges and slandering SI?

This looks like another civil case that won't end until someone loses and they are using the criminal courts and our tax money to continue the fued. In the end, they will all lose, but a couple of attorneys might just hit the lotto with SI.

The legal community of MS is in a sad state indeed.

Anonymous said...

Kingfish,

Why doesnt anyone question why the DA's office would even pursue something like this?

I'm no Irby fan, but this is a waste of tax payer money. The courts in Madison and Rankin County are over flowing with criminal cases. The counties have outgrown their resourcs and need more judges, ect. And when the DA oursues non-sense like this, it only adds to the problem. This should have been dealt with as a misdemeanor! Not wasting time and money on grand jury, indictment, potnential jury trials, ect.

J. Kev said...

I remember when this broke. In fact, I may or may not have e-mailed a heads-up to a certain blog.

A friend in law enforcement tipped me as it was going down. Said friend also told me Madison PD initially took it to the DA, who demurred (not in the legal sense). If memory serves, it was Jim Hood's cyber crimes shop that actually made the arrest and search. So I'm a little surprised that that the Madison County DA's office handled the indictment.

Two other thoughts: No way we're having this discussion if the child weren't the daughter of a Madison PD officer.

And, I think it was Mr. Crowley who opined a the time that the statute is impossibly vague, and could easily be struck down on appeal. I'm inclined to agree.

Irby's a screw-up and a borderline retard. His DUI issue is real and problematic. But if Tommy Mayfield is still representing him on the cyber-stalking charge, he's in good hands.

Anonymous said...

Shear harassment.

And the law enforcement community doesn't understand why so many people do not have much respect for law enforcement anymore.

Anonymous said...

Part of your problem Kingfish is that you've been duped that WAPT actually does any original reporting.

Anonymous said...

I'm just glad Stuart is not operating a motor vehicle, boat, airplane, motorcyle or even a horse these days.

I don't know what steps his family took to round him up and keep him from endangering the public at large, but I commend them.

The main thing I don't understand about this photo-shop episode is why did the families get together at the King Edward for brunch in the first place, if there's so much animosity between Lee Bounds and Stuart? Sure, Stuart doesn't have the judgement or rationality left that God gave a gnat, but what does this all say for Bounds?

Anonymous said...

I am shocked! As a mother of a teenage girl, I would flip out if someone photo shopped a picture of my daughter and emailed it to me as a "joke". To sexualize a minor is wrong on so many levels and to flaunt it to her father is even worse. He is lucky that her dad did not beat his *ss.

Shadowfax said...

....Groaning at J Kev's inclusion of the term 'REtard'. Surely most adults have grown beyond using that pejorative term to label someone with questionable behavior.

Anonymous said...

Suppose Mr. Bounds did give Mr. Irby a well deserved punch in the kisser... How many lawyers would suit up to confront Mr. Bounds? Seems to me, he did the right thing turning it over to the police.

Also, is it harassment if a parent takes seriously a sexualized reference to his daughter by a brain damaged, alcoholic, money indulged horndog?

Anonymous said...

I saw on the news last night that the case was dismissed after " a psychiatrist testified that ,since the accident, Irby is unable to tell right from wrong".

Now that that is documented in court, I suppose he can do anything and not be held accountable for his actions.

KF, have you seen the actual photos? If your sources are inside the Madison PD and defense team and world of politics, there are agendas there as well.

My sources are the social grapevine and had a different tale to tell, but we'll never know now which of our sources was unbiased.

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

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.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

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!!!

This is definitely a Beaver production.

Note: Security provided by INS
.