Daskalos Files: Target Kirby

Just as we thought we'd heard the last of Albuquerque's most famous developer/amateur race car driver/playboy, up pops a domestic violence allegation. Now the fallout from the infamous Daskalos DWI debacle continues.

If you will remember, Daskalos was sprung from the DWI paddy wagon by an off duty officer while awaiting transport to the west side jail. When the developer was found missing by on-duty officers, somehow the officer that removed Daskalos was contacted resulting in a return trip to the paddy wagon (ABQ Journal - Subscription). The officer in question turned out to be Officer Ben Kirby.

Kirby was ultimately fired for his role in Daskalos' little side trip. Now our Eyes tell us that Kirby is the target of a grand jury investigation; specifically containing allegations of conspiracy and tampering with public records.

The Daskalos arrest and subsequent joy ride with officer Kirby happened well over a year ago. Since that time, Daskalos has gotten a pass by a jury of his peers and our Eyes tell us that Kirby is out of state looking for a new life and employment.

Look, we're for prosecuting evildoers and criminals as much as the next Eye, but the move to impanel a grand jury over a year after the fact has us scratching our head and wondering what took DA Brandenburg so long. What is more interesting is the allegation of conspiracy.

con·spir·a·cy (kn-spîr-s)

n. pl. con·spir·a·cies

1. An agreement to perform together an illegal, wrongful, or subversive act.

2. A group of conspirators.

3. Law An agreement between two or more persons to commit a crime or accomplish a legal purpose through illegal action.

4. A joining or acting together, as if by sinister design: a conspiracy of wind and tide that devastated coastal areas.

Look, we're not an attorney but we're pretty sure that no matter how you define conspiracy, there's a basic requirement that someone else be involved. Originally, Chief Schultz played this as if Kirby and Daskalos were friends and that officer Kirby acted alone (ABQ Journal - Subscription). Now we're hearing talk of conspiracy which leads to the obvious question... who are the conspirators?

This wouldn't be the first time that we've heard of special treatment for "special" people. Back in April we told you the story of retired AFD Captain Ralph Ortega. Ortega, the brother of AFD Chief Robert Ortega was allegedly given preferential treatment when he was personally escorted to the west side jail by an on-duty DWI officer despite the availability of a transport from the Prisoner Transport Center (read about it here). According to our Eyes the order to provide the AFD Chief's brother came from Chief Schultz and former public safety czar Nick Bakas. Could someone other than Kirby and Daskalos be involved here?

We don't know whether or not the grand jury will hand down an indictment and we certainly can't predict the contents of an indictment that doesn't yet exist. However, we can't wait to find out who the alleged conspiracy includes. Looks like there may be even more entries in the Daskalos Files.