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She Turned Over Her Husband’s Guns After His Arrest. The Police Charged Her. She Turned Over Her Husband’s Guns After His Arrest. The Police Charged Her.
(about 4 hours later)
The judge’s order was clear. She told Joseph Irby, who was facing a charge of domestic violence against his estranged wife, “Do not use, possess or carry any firearms, guns, weapons, ammunition or knives.”The judge’s order was clear. She told Joseph Irby, who was facing a charge of domestic violence against his estranged wife, “Do not use, possess or carry any firearms, guns, weapons, ammunition or knives.”
But when Mr. Irby’s wife, Courtney, tried to turn his guns over to the Police Department in Lakeland, Fla., this month, an officer arrested her and charged her with armed burglary and grand theft of a firearm. The officer said she had illegally gone into her husband’s home and taken the guns. Because she walked out carrying them, the officer considered it armed burglary.But when Mr. Irby’s wife, Courtney, tried to turn his guns over to the Police Department in Lakeland, Fla., this month, an officer arrested her and charged her with armed burglary and grand theft of a firearm. The officer said she had illegally gone into her husband’s home and taken the guns. Because she walked out carrying them, the officer considered it armed burglary.
Ms. Irby sat in jail for five days before making bail and is now waiting to hear whether prosecutors will proceed with the charges.Ms. Irby sat in jail for five days before making bail and is now waiting to hear whether prosecutors will proceed with the charges.
The police officer’s decision to charge Ms. Irby has drawn rebukes from state legislators, lawyers and advocates for victims of domestic violence, who warned of the risk of punishing a woman who may have only been trying to keep herself safe.The police officer’s decision to charge Ms. Irby has drawn rebukes from state legislators, lawyers and advocates for victims of domestic violence, who warned of the risk of punishing a woman who may have only been trying to keep herself safe.
“Courtney Irby’s arrest is a disgrace,” Andrew Warren, the state attorney in a neighboring district, wrote on Twitter. In his jurisdiction, he said, “We disarm domestic abusers who have legally forfeited their right to having a gun, and we always stand with survivors — not arrest them.”“Courtney Irby’s arrest is a disgrace,” Andrew Warren, the state attorney in a neighboring district, wrote on Twitter. In his jurisdiction, he said, “We disarm domestic abusers who have legally forfeited their right to having a gun, and we always stand with survivors — not arrest them.”
Brian Haas, the state attorney whose office is handling the case, said Tuesday that he had not yet made a decision on whether to move forward with the charges against Ms. Irby, 32, and was waiting on more documents from the Lakeland police.Brian Haas, the state attorney whose office is handling the case, said Tuesday that he had not yet made a decision on whether to move forward with the charges against Ms. Irby, 32, and was waiting on more documents from the Lakeland police.
Critics of Ms. Irby’s treatment said officers should have sought to take her husband’s guns away themselves. Florida passed a red flag law last year allowing the police to seize guns from those who pose a significant danger of injuring themselves or others. “Law enforcement absolutely could have done that in this case, and should have,” said State Representative Anna V. Eskamani, a Democrat whose district covers parts of Orlando. Critics of Ms. Irby’s treatment said officers should have sought to take her husband’s guns away themselves. Florida passed a “red flag” law last year allowing the police to seize guns from those who pose a significant danger of injuring themselves or others.
Kenneth B. Nunn, a professor of criminal law at the University of Florida, shared her view, saying it was an “abuse of discretion” for the police to arrest Ms. Irby for stepping in when, in Mr. Nunn’s view, the police had failed to act. “Law enforcement absolutely could have done that in this case, and should have,” said State Representative Anna V. Eskamani, a Democrat whose district covers parts of Orlando. “The fact that she spent more days in jail than her partner did shows that property rights and firearms are valued more than a woman and her family.”
“She was trying to enforce something that the police should’ve enforced,” said Mr. Nunn, who expects the charges will be dropped. “All she’s doing is saying, ‘Look, he’s not supposed to have these guns.’” Kenneth B. Nunn, a professor of criminal law at the University of Florida, shared her view, saying it was an “abuse of discretion” for the police to arrest Ms. Irby for stepping in when, in his opinion, the police had failed to act.
“She was trying to enforce something that the police should’ve enforced,” said Professor Nunn, who expects the charges will be dropped. “All she’s doing is saying, ‘Look, he’s not supposed to have these guns.’”
The episode began on June 14 when the police arrested Mr. Irby, 35, after his wife accused him of tailing her car, ramming into it and running her off the road multiple times, according to a police report. When an officer arrived, Ms. Irby, who filed for divorce in January, said she feared for her life.The episode began on June 14 when the police arrested Mr. Irby, 35, after his wife accused him of tailing her car, ramming into it and running her off the road multiple times, according to a police report. When an officer arrived, Ms. Irby, who filed for divorce in January, said she feared for her life.
Police in Bartow, Fla., charged Mr. Irby with a domestic violence count of aggravated battery with a deadly weapon. The judge then forbade him from possessing any weapons. Police in Bartow, Fla., charged Mr. Irby with a domestic violence count of aggravated battery with a deadly weapon. At a hearing the next day, which Ms. Irby participated in by telephone, the judge forbade him from possessing any weapons.
The next day, Ms. Irby arrived at the Lakeland Police Department and told an officer that she had gone into Mr. Irby’s apartment and taken his guns to turn them in, according to an officer’s affidavit. Mr. Irby’s lawyer later said she had taken a handgun and a rifle. After that hearing, Ms. Irby went to Mr. Irby’s apartment, removed his rifle and handgun and brought them to the Lakeland Police Department, where she told an officer she was handing them over because she believed Mr. Irby would not.
“So you are telling me you committed an armed burglary?” the officer, Brent Behrens, responded, according to his own account.“So you are telling me you committed an armed burglary?” the officer, Brent Behrens, responded, according to his own account.
“Yes I am, but he wasn’t going to turn them in, so I am doing it,” Ms. Irby said, according to Officer Behrens, shortly after which he arrested her.“Yes I am, but he wasn’t going to turn them in, so I am doing it,” Ms. Irby said, according to Officer Behrens, shortly after which he arrested her.
Deborah Epstein, the director of Georgetown University Law Center’s Domestic Violence Clinic, said the case shines a spotlight on the lack of guidelines for how defendants are supposed to forfeit guns when a court order requires them to give them up.
“If there was a system in place and she failed to use that system and just decided to take the law into her own hands for no reason, then O.K.,” Professor Epstein said. “But turning the blame on victims of domestic violence when the system is broken down makes no sense.”
Ruben Garcia, the Lakeland police chief, did not respond to an interview request. He told WFLA in Tampa that the police have to preserve everyone’s rights.Ruben Garcia, the Lakeland police chief, did not respond to an interview request. He told WFLA in Tampa that the police have to preserve everyone’s rights.
“When a case is brought to us, we have to look at all sides of the case, and we have to come to the fairest conclusion we can for everyone involved,” he said.“When a case is brought to us, we have to look at all sides of the case, and we have to come to the fairest conclusion we can for everyone involved,” he said.
A lawyer for Mr. Irby, Robert Peddy, questioned whether Ms. Irby was scared for her life and suggested that her motivations were “custodial and financial.” He said she was seeking sole custody of the couple’s two children in the divorce proceedings.A lawyer for Mr. Irby, Robert Peddy, questioned whether Ms. Irby was scared for her life and suggested that her motivations were “custodial and financial.” He said she was seeking sole custody of the couple’s two children in the divorce proceedings.
Ms. Irby had never been to Mr. Irby’s new apartment, the police said, and Mr. Peddy said she had taken her husband’s keys after his arrest. A lawyer for Ms. Irby did not immediately respond to a request for comment. Ms. Irby had never been to Mr. Irby’s new apartment, the police said, and Mr. Peddy said she had taken her husband’s keys after his arrest.
When Ms. Irby was granted release from jail on June 20, the judge gave her a familiar directive: Do not possess any firearms.When Ms. Irby was granted release from jail on June 20, the judge gave her a familiar directive: Do not possess any firearms.