Investigators in a death penalty murder case in Warren County want the text messages and other information from a cell phone reportedly lost on the highway by the alleged killer and his wife.
A search warrant issued by Judge Robert Peeler orders Verizon Wireless to turn over “all text messages received and sent, including times, all incoming and outgoing calls including times, any GPS locations collected.”
The phone, according to an affidavit, was allegedly thrown out by Christopher and Jacqueline Kirby as they were driving on Interstate 75 after the death of his adoptive sister, Debrah Power, and beating of her husband, Ronnie Power, on Sept. 15 at a home the four were sharing in South Lebanon.
“Also requesting records of who the phone is registered to along with address” on Sept. 15 and Sept. 16, Detective Paul Barger of the Warren County Sheriff’s Office said in the warrant affidavit.
Last month, Christopher Kirby, 38, was indicted on charges of aggravated murder, aggravated robbery, murder, attempted murder, felonious assault, grand theft and tampering with evidence.
If convicted, he could face the death penalty.
Debrah Power, 63, of South Lebanon, was pronounced dead from head injuries Sept. 15 at her home in South Lebanon. Ronnie Power was badly beaten in the attack and remained in serious condition, according to authorities.
Jacqueline Kirby, 30, is charged with tampering with evidence, receiving stolen property and misuse of credit cards.
“Jacqueline stated during her interview, they used Mr. Power’s cell phone to contact drug dealers. She said they were trying to sell a television they’d taken from the residence,” Barger said in his affidavit.
The tampering with evidence charges stem from the Kirbys’ alleged disposal of the cell phone and Debra Power’s purse on I-75.
The Kirbys remain in the Warren County Jail on $250,000 bond each. He is to appear in court on Nov. 9, she on Dec. 4.