Former Sheriff's deputy gets suspended sentence in drug charge

A Lake County Sheriff's deputy who was charged with criminal possession of dangerous drugs came to court last Wednesday, Jan. 26 before Flathead County district court judge Katherine Curtis and pled guilty to official misconduct, a misdemeanor.

The plea arrangement will allow him to avoid jail time after he was sentenced to six months in the Lake County jail, with all of the time suspended. He was also ordered to pay a $500 fine.

The sentence was not unusual for someone with no prior criminal history.

Larry Kirby was arrested on Nov. 1 for allegedly taking the medications hydrocodon and oxycodon from the home of a man who had died on Aug. 24. The charges stem from Kirby's work as a coroner where he investigated deaths of natural causes. As a coroner, he allegedly took Schedule III prescription drugs from homes of the deceased. Schedule III prescriptions drugs are painkillers and stimulants that are highly controlled by the Food and Drug Administration and the Drug Enforcement Adminstration because they tend to be addictive and are can be sold on the black market.

He was also charged with tampering with evidence for falsifying evidence turned over to the Sheriff's office in coroner cases. Coroners are expected to turn in all prescription drugs, and court documents say Kirby kept some of the drugs for himself, asking his wife to set them aside from other prescription drugs found at the house.

Kirby, a National Guardsman, was arrested in Helena by military police after he arrived home from helping the Katrina relief efforts in New Orleans.

Outside investigators were brought in to avoid the appearance of any conflict of interest. He originally appeared before district court judge Kim Christopher, but Christopher recused herself from the trial because she had worked with Kirby in the past as a prosecutor, but handled administrative-related hearings on the case. The case was turned over to Curtis.

Kirby, who worked full-time as a sheriff's deputy since 1995, was fired last year after the charges were filed and did not contest a grievance hearing with the county.

His wife would have been the primary witness against him had the case gone to trial. She had filed a restraining order against him soon after his arrest, although Sheriff Bill Barron noted that Kirby was cooperative throughout the process.