Plea deal may be sought in DUI crash

The defense attorney for a suspected drunk driver who police said caused a fatal crash in Newport Beach in March may seek a plea agreement with the court.

The attorney for Jeffrey David Kirby, 51, said he might seek a lighter sentence from an Orange County Superior Court judge in exchange for a guilty plea from his client.

Hired attorney David Swanson was tight-lipped about what kind of deal he’s seeking for Kirby, but said he could seek a plea agreement from the judge, not prosecutors.

Kirby was arrested March 11 after police said he sped alongside a Ferrari driven by Charles “Mask” Lewis on Jamboree Road in Newport Beach and hit Lewis’ car. Lewis’ car lost control, as shown through skid marks still visible on the street, and careened into a light pole, ripping the sports car in half. Lewis died instantly; his passenger suffered broken bones, but was otherwise OK.

Lawyers can try to work out agreements with judges or prosecutors in exchange for a guilty plea. Kirby has already been convicted of one DUI and faces vehicular-manslaughter-while-intoxicated charges in this case.

He could be sentenced to nearly 20 years in prison if convicted.

Lewis was the founder of TapouT, a clothing company popular with the Ultimate Fighting Championship.

Police said an officer witnessed the crash as he drove on the opposite side of the road. The officer saw Kirby stop by Lewis’ crashed car, then continue on. Kirby and his passenger then parked his car on Bison Avenue and were walking away from it, police said. He was arrested, and a blood test showed he had a .13 blood-alcohol level nearly two hours after the crash, prosecutors said.

Kirby is expected back in court Tuesday.