We mentioned in that post that the timing of the investigation seemed curious. We'll we've gotten a little more information on the events following the notorious trip and it's got us even more intrigued. As we told you (here), the decision to target officer Kirby for indictment comes almost immediately after the city was notified that Officer Kirby intended to sue the city in order to get his job back. What's more interesting is that Chief Ray Schultz indicated in a letter to the Director of the NM DPS Center Thomas Lyon, that the District Attorney's office had reviewed the case and decided not to prosecute officer Kirby. The DA's decision was included in a letter concerning the revocation of Kirby's Officer Certification way back in March.
Let's take a quick look at the timeline:
- August 25, 2006 - Kirby springs Daskalos
- October 25, 2006 - APD terminates Officer Ben Kirby
- March 21, 2007 - APD requests NMDPS Decertify Kirby
- September 5, 2007 - Kirby files lawsuit requesting reinstatement
- September 11, 2007 - DPS sends notice to Kirby at APD that he is subject to continued action regarding his law enforcement certification
- October 22, 2007 - Kirby is notified that he is the target of a grand jury investigation
Our Eyes tell us that originally, the grand jury was to meet last Thursday and that at the last minute the session was canceled. The rumor is that the DA wanted to present evidence pertaining to the here to fore unnamed co-conspirator and that conspirator was Jason Daskalos for assisting an escape.
Now we don't know what's going on here. It seems strange that Daskalos could be charged as a conspirator in his own escape. We'd think he'd be charged with unlawful flight from prosecution or some such legalese.
However one thing is sure, whether Daskalos is in the DA's crosshairs or not, Ben Kirby certainly is and from the timeline above it looks as if they mean to get him. More importantly, it appears as if they went after him criminally and for decertification after he had the temerity to sue for his job back. Can you say prosecutorial misconduct? Can you say retaliation?