Sep 7, 2016
Kirby Bay jury trial continued at request of defense, new date November 28
Kirby Bay, clean shaven, out of custody, in a grey suit, walking with a cane was in court today for his trial confirmation.
Defense made an oral motion to continue. People and victim did not oppose. Judge Hinrichs granted defense motion. Conflict Counsel's Mr. David Lee was in court today for Bay's attorney, Mr. Kaleb Cockrum.
Defense wanted more time because Mr. Cockrum is in a jury trial right now and when that ends, he has another jury trial. Conflict Counsel's investigator also needs more time.
Bay is out of custody. Entered time waiver today.
Deputy District Attorney Roger Rees was present for the People and appearing for his colleague, DDA Jackie Harkness. The DA requested a search clause and it was granted.
Ms. Harkness is also in a jury trial right now and due to her schedule, another Deputy District Attorney may take over the case and "needs time to get caught up," said DDA Rees.
New jury trial date is November 28.
Kirby Bay was arraigned on July 27 for jury trial on the following charges: 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.
He bailed out of custody on August 27. His bail was $150,000. His attorney, Mr. Marek Reavis, told me he no longer intended to file a 995 motion on Count 3.
Deputy District Attorney Jackie Harkness is prosecuting this case.
Bay had a trial confirmation hearing this afternoon. Jury trial is scheduled for September 19.
The link below has all the previous coverage on the case.