Trial Set in Open Carry Case
Posted: Tue Jul 20, 2010 10:53 am
By Laura McVicker
Columbian staff writer
Monday, July 19, 2010
Trial was set for Oct. 1 for a Vancouver, Washington man accused of unlawfully carrying a handgun at a local Albertsons, a case that sparked a nationwide debate last spring on open-carry gun rights.
Kurk Kirby, 26, appeared briefly Monday morning before Clark County District Court Judge Darvin Zimmerman. His case was sandwiched between people seeking name changes and a busy criminal docket.
Kirby’s attorney, Christopher Dumm, told the judge that a second lawyer is now helping out with case. Vernon McCray of Camas, an advocate for firearms rights, volunteered to be co-counsel.
“He was just interested in helping out,” Dumm said.
Kirby did not speak before the judge nor afterward to a reporter. He has said that Dumm advised him not to give interviews while his case is pending.
His trial for unlawfully carrying a weapon, a gross misdemeanor punishable by up to one year in jail and a $5,000 fine, is expected to last one day.
Kirby was cited March 19 for carrying the handgun because prosecutors said he was displaying it in a way that either “warranted alarm” or “manifested an intent to intimidate.”
Witnesses, including two men who have concealed weapons permits, told police Kirby looked like “Wyatt Earp, ready to draw.” Witnesses also said he was “giving everyone the eyeball with his hand on the gun,” according to police reports.
Police reports indicate that officers spotted Kirby outside the store, wearing a skin-tight T-shirt that didn’t cover the large holstered handgun. The Springfield Armory XP pistol had a round in its chamber and several more in the magazine snapped into its handle. More cartridges, totaling 35, were in two magazines.
Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket, which is located in a strip mall at 5000 E. Fourth Plain Blvd. He simply stood around for 10 or 15 minutes before someone called 911.
But further investigation found witnesses who said they felt Kirby was “going into the ‘draw position,’ ” according to police reports.
Kirby told responding officers he was within his rights to carry the gun openly, reports said. He also has a valid concealed weapons permit.
The case has drawn attention of people nationwide on both sides of the open-carry debate, including advocates on http://OpenCarry.org" onclick="window.open(this.href);return false;.
http://www.columbian.com/news/2010/jul/ ... -gun-case/" onclick="window.open(this.href);return false;
Columbian staff writer
Monday, July 19, 2010
Trial was set for Oct. 1 for a Vancouver, Washington man accused of unlawfully carrying a handgun at a local Albertsons, a case that sparked a nationwide debate last spring on open-carry gun rights.
Kurk Kirby, 26, appeared briefly Monday morning before Clark County District Court Judge Darvin Zimmerman. His case was sandwiched between people seeking name changes and a busy criminal docket.
Kirby’s attorney, Christopher Dumm, told the judge that a second lawyer is now helping out with case. Vernon McCray of Camas, an advocate for firearms rights, volunteered to be co-counsel.
“He was just interested in helping out,” Dumm said.
Kirby did not speak before the judge nor afterward to a reporter. He has said that Dumm advised him not to give interviews while his case is pending.
His trial for unlawfully carrying a weapon, a gross misdemeanor punishable by up to one year in jail and a $5,000 fine, is expected to last one day.
Kirby was cited March 19 for carrying the handgun because prosecutors said he was displaying it in a way that either “warranted alarm” or “manifested an intent to intimidate.”
Witnesses, including two men who have concealed weapons permits, told police Kirby looked like “Wyatt Earp, ready to draw.” Witnesses also said he was “giving everyone the eyeball with his hand on the gun,” according to police reports.
Police reports indicate that officers spotted Kirby outside the store, wearing a skin-tight T-shirt that didn’t cover the large holstered handgun. The Springfield Armory XP pistol had a round in its chamber and several more in the magazine snapped into its handle. More cartridges, totaling 35, were in two magazines.
Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the supermarket, which is located in a strip mall at 5000 E. Fourth Plain Blvd. He simply stood around for 10 or 15 minutes before someone called 911.
But further investigation found witnesses who said they felt Kirby was “going into the ‘draw position,’ ” according to police reports.
Kirby told responding officers he was within his rights to carry the gun openly, reports said. He also has a valid concealed weapons permit.
The case has drawn attention of people nationwide on both sides of the open-carry debate, including advocates on http://OpenCarry.org" onclick="window.open(this.href);return false;.
http://www.columbian.com/news/2010/jul/ ... -gun-case/" onclick="window.open(this.href);return false;
I agree with both. If the guy would have just gone into the store and tended to business and left; probably nothing would have happened. Instead from the description in the article he went in there to get a rise out of people and he succeeded.
