Kirby trial continued to September
Published 10:21 am Tuesday, June 20, 2017
- Kyle Kirby
JACKSONVILLE — Kyle Kirby’s trial has been pushed back until September.
The former Live Oak police sergeant’s trial on child pornography charges was continued Monday by U.S. District Judge Timothy J. Corrigan to the September trial term, which begins September 5. A status conference is set for August 21.
James A. Hernandez, counsel for Kirby, filed an unopposed motion for continuance Thursday according to court documents. The trial had been set for the July term with a pretrial conference set for Monday.
Hernandez sought the continuance to have more time to try and reach a plea agreement, according to the motion. The motion also pointed out that the assistant U.S. attorney did not oppose the delay.
Kirby has been charged with possession, manufacturing and attempting to manufacture child porn.
He plead not guilty in a March 24, 2016, arraignment hearing.
Kirby was arrested in October 2015 after FBI investigators found child pornography on his patrol car laptop.
The FBI arrested Kirby after finding 87 images depicting child porn on his patrol car computer. Agents took him to a detention facility in Jacksonville.
According to court documents, he tried to get another LOPD officer to delete evidence. The other officer, however, did not comply with the request.
A grand jury indicted him on possession of the images in November, but a superseding indictment from early March charged him with the additional crimes of manufacturing and attempting to manufacture child pornography.
According to court documents, the grand jury charged Kirby with three counts of producing and attempting to produce child pornography with two different minors. He also faces two counts for possessing explicit images of children on his laptop.
Kirby faces a minimum of 15 years and a maximum of 30 years on each production, attempted production and possession charge.