The Court of Appeals held that the sentence handed down to Kyle Adam Kirby was justified considering the abuse and sexual exploitation of children he perpetuated by producing and possessing child pornography.
In December of 2017, 37-year-old Kyle Adam Kirby, a resident of Live Oak in Florida and a former police sergeant, was sentenced to a total of 120 years imprisonment to multiple counts of possessing, accessing and producing pornographic images of children, two years after he was arrested by U.S Marshals Service.
Upon suspicion, law enforcement executed a search warrant at his house in 2015 and his patrol car where they discovered several images depicting children in various stages of undress and in sexual situations on his workcomputers. Kirby was using the patrol car’s computer to find and keep child pornography over the internet during work-hours dating back as far as December of 2014.
Law enforcement provided evidence at Kirby’s trial which suggested that at different stages, he had hidden cameras in several bathrooms to film unaware children. These images were later transferred to his department-issued computer, images law enforcement was able to retrieve because he had failed to delete them. A trial by jury found Kirby guilty, and he was finally sentenced by Judge Timothy J. Corrigan in a federal court to do the famed 120-year penance.
Kirby and his legal team recentlyappealed the sentence, which has since been denied by a three-judge panel of the U.S Court of Appeals (Eleventh Circuit). The panel argues that the prison sentence imposed on Mr. Kirby is within reason and enough punishment considering the exploitation of children he engaged in. They held that the District Court had thoroughly discussed Kirby’s particularly heinous conduct and direct participation in the creation of child pornography, his breach of public trust as a police officer, and his total failure to take responsibility for his actions and the sentence is therefore justified.
This case was initially prosecuted by the Assistant U.S Attorney D. Rodney Brown and handled by Linda Julin McNamara and the team, also of the Attorney’s Office during the appeal. Investigations were aided by the FBI, local law enforcement in Columbia and Florida as well as former employers of Kirby, the Live Oak Police Department.
This follows closely efforts made by the Department of Justice undertaking named “Project Safe Childhood”, a nationwide program that seeks to fight the sexual abuse and exploitation of children in the country. The project aims to identify, arrest, and put away sexual predators and abusers in society using the combined resources of federal, state and local law enforcement in various areas of intelligence, technical know-how, and organizational assistance.