Jul 27, 2016

Defense intends to file 995 motion in Kirby Bay case regarding Count 3

Kirby Bay was arraigned on information for jury trial this afternoon.

The complaint filed by the DA has three counts. Count 1 stalking. Count 2 Criminal Threats. Count 3 Possession of a firearm by a felon with a prior; the firearm being a handgun. A special allegation for all three counts is prior conviction of a serious or violent felony or juvenile adjudication for negligent discharge of a firearm.

Bay's attorney, Mr. Marek Reavis said he intends to file a 995 motion because Bay was not held to answer on Count 3 at the preliminary hearing.

Jul 14, 2016


Kirby Bay held to answer on charges of stalking and threat of crime resulting in death

The preliminary hearing scheduled for Kirby Bay was continued from July 13 to today because the DA's office was still waiting on some reports.

This morning after an almost three hour preliminary hearing in which the alleged victim testified, Visiting Judge Robert Crone Jr. held Bay to answer on two felony counts.

Count 1 Stalking, Count 2 Threat to commit crime resulting in death. The DA can add Bay's record and additional charges of posession of a firearm for arraignment of information.

Defense request to reduce both charges to misdemeanors was denied. Arraignment on information on July 27 at 2 p.m.



Jun 30, 2016


Kirby Bay denied release on OR after victim tells Judge that "he has violated the restraining order 15 times" and allegedly threatened to kill her

Kirby Bay was denied release on OR this afternoon by Judge Joyce Hinrichs after hearing from the People and the victim in this case, Megan Smith, who was present and made a statement in court, according to Marcy's law.



There was no bail reduction request discussed today.

Conflict Counsels' Mr. Greg Elvine-Kreis appeared in court with Bay. He made an effort to get Bay released, stating he is a "100% disabled vet" and would abide by the protective order issued.

Deputy District Attorney Jackie Pizzo told Judge Hinrichs, "We are opposed to Mr. Bay's release. There are number of grounds." Ms. Pizzo said that Bay had a prior offense of discharging a firearm from 1997; he absconded in this case and had to be arrested and was on probation; he shot at a woman with a child in the car who was attempting to serve him with a restraining order; he has a violent history; in a prior relationship in which he was charged with car theft was originally charged as kidnapping and that he told the victim (in the current case) he had shot an ex in the abdomen and "watched her bleed" and that he would do the same to her. Ms. Pizzo concluded by saying that the victim did not want him released and was willing to make a statement to the Judge.

Mr. Elvine-Kreis objected to any referenced to Bay's record from 1997, which he said had nothing to do with the current case. He added, the allegations occurred on June 4, and "the police did not arrest him until this Monday."

Ms.Pizzo added that there were other incidents from June 23rd and that the victim had relocated from her original residence and then said the victim believed that Bay knew where she had moved to based on a rock left at her new home. "The defendant collects rocks."

Ms. Smith spoke next, "Your honor, I am very frightened of Kirby. We share a 21 month old son. I have a restraining order against him. He has violated the restraining order 15 times."

"When he threatened to kill me, he referrred to the firearm he kept under our bed throughout our relationship. I am very afraid for my safety and the safety of my family. He was stalking my parents house in Ferndale. I believe he knows I have relocated. The gun does not belong to him."

Bay denied having any firearms.



Jun 29, 2016


Kirby Bay, in a wheel chair, served with restraining order, bail/OR hearing tomorrow

Kirby Bay, in custody, was arraigned this afternoon in Courtroom 4. Deputy District Attorney Jackie Pizzo was present for the People.

He looks different than this photograph. He has no beard and today in court, he was in a wheel chair.

When asked about his income by Judge Timothy Cissna before appointing a public defender, Bay responded, "100% disabled vet on a fixed income."

He was polite to the Judge but before his case was called, he looked around the court staring dismissively at people in the audience, with a stare that seemed like he couldn't care less.

Bay was served with a CLETS protective order. Conflict Counsel's Mr. David Lee was appointed for Bay. Pleas of not guilty were entered, time not waived.

An OR/Bail hearing is scheduled for tomorrow at 2 p.m. Preliminary hearing is on July 13.

Jun 29, 2016


Alleged stalker, Kirby Bay, from Fortuna to be arraigned this afternoon


Kirby Bay is scheduled to be arraigned today at 1:29 in Courtroom 4.

Jun 27, 2016


$150,000 bail for Kirby Bay just arrested, being booked at jail right now

Kirby Bay being booked into Humboldt  County jail at 8:15.

Bail at $150,000.

In the complaint filed by the DA, he is charged with a felony in Count 1, stalking. The victim in the complaint is listed as Megan Smith, and that Bay put her "in reasonable fear of her safety and the safety of her immediate family."

Count 2 is also a felony, Bay is charged with "unlawfully threatening to commit a crime which would result in death and great bodily injury to Megan Smith."

Jun 27, 2016


FOPD arrests man with active felony warrant for alleged criminal threats and stalking

Fortuna Police Department has arrested
 Kirby Bay.

Operation Safe Streets confirmed the news and said, he was arrested at his house.


Jun 24, 2016


Help Fortuna Police Department locate this alleged stalker and suspect claimed to have made criminal threats

Wanted: BAY, Kirby Mark.

This is someone with a felony warrant Fortuna PD is looking for.  He is on both FOPD and the online HCSO warrant list. Because of the nature of the warrant,  this information was shared by Operation Safe Streets and I am also posting the information (criminal threats and stalking 646.9 PC) in the hopes this person is located.  If you see him, please let FOPD know, 725-7550 or call 911, do not approach or attempt to apprehend him.

To see a full list of active Humboldt County warrants, visit www.humboldtgov.org/2215/Warrants

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