Battery Second Degree on Law Enforcement (2 Counts)
Sheriff Lance Bonds states that on 09/11/2016, at approximately 1820hrs, Deputy Zach Alexander of the Stone County Sheriff’s Department responded to a call on Herpel Rd in reference to a man and a woman in a verbal altercation. Upon Deputy Alexander’s arrival (which was near the golf course) he approached the male subject and noticed that he was swaying back and forth, his speech was slurred, and his eyes were blood shot. Deputy Alexander identified the male subject as Joshua Kirby. Deputy Alexander asked Kirby if he had anything to drink where Kirby advised him that he had.
Deputy Alexander asked Kirby to step back to his vehicle and to place his hands on the brush guard of his patrol unit. Kirby pulled away from Deputy Alexander’s brush guard and stated, “Fuck you I am not doing anything.” Deputy Alexander advised Kirby to place his hands back on the front of his patrol unit. Kirby then pulled away where Deputy Alexander placed him on the ground. Kirby and Deputy Alexander rolled into the ditch and began to fight. Kirby struck Deputy Alexander three times in the face and bit his right hand while he was “growling like a dog.” Deputy Alexander advised the citizens that were standing and watching the altercation to call 911 and advised them that he needed assistance. Mountain View Police Department Sergeant Chris Marshall arrived on scene where Deputy Alexander advised him to taze Kirby. Sgt. Marshall tazed Kirby and it had no effect. Alexander was able to place hand restraints on Kirby. Kirby continued to fight Deputy Alexander in the ditch kicking and screaming.
After Deputy Dammon McGilton arrived to assist Deputy Alexander and Sgt. Marshall, he observed Kirby head butting and kicking Deputy Alexander while Kirby was handcuffed. Kirby had also head butted Deputy McGilton in the mouth where it caused a busted lip, bit him on the pants while he was “growling,” and bit him on the left arm causing injury. Deputies were able to get Kirby into the back seat of Deputy McGilton’s patrol car where at that moment Kirby kicked Deputy McGilton in the throat, chest, and leg. Kirby was secured and transported to the Stone County Detention Center. Deputy McGilton was also informed that Deputy Alexander had been bitten in the hand.
Upon arrival to the Stone County Detention Center, Kirby fought with Deputies in the Sally Port while handcuffed. Deputies were able to secure Kirby in a restraint chair without further incident.
Deputies were treated for their injuries at the Stone County Medical Center and were later released.
Kirby was formally charged on September 12 by Sixteenth Judicial Prosecuting Attorney Don McSpadden. Kirby is incarcerated on a $20,000.00 bond.