First Jury Trial held in Annex

On March 25 and 26, the first ever Jury Trial was conducted in the Ripley County Courthouse Annex, in the Ripley Superior Court. The Defendant, Justin Kirby, was originally charged with Possession of a Narcotic Drug, Operating a Vehicle with a Schedule I or II Controlled Substance or its Metabolite in the Blood and the Habitual Criminal Offender Sentencing Enhancement.

Kirby’s arrest was the result of him operating a vehicle and pulling out of a business in Batesville, while in the middle of a Fentanyl overdose. Multiple people rendered aid to Kirby, including putting the car in park and turning it off, as it was in the middle of Highway 229. Moments later, Batesville police and EMTs arrived at the scene and administered Narcan to Kirby, which is a medication used to inhibit the effects of Fentanyl. Shortly after, Kirby regained consciousness and refused further medical treatment.

A search of Kirby’s car uncovered a baggy confirmed by Indiana State Police Laboratory to contain Fentanyl. Based on the overdose and the additional Fentanyl found in his car, officers had Kirby’s blood drawn. Indiana State Department of Toxicology confirmed that Kirby’s blood contained Fentanyl – contrary to Indiana law.

Deputy Prosecuting Attorney Rae Schuler represented the State during the two-day trial, in which 10 witnesses testified for the State. During the first phase of the trial, the six-person jury convicted Kirby of Possession of a Narcotic Drug and Operating a Vehicle with a Schedule I or II Controlled Substance in his blood. Given that Kirby was accused of being an Habitual Criminal Offender, a second phase was required, and the same jury found him to be an Habitual Criminal Offender. Kirby faces a penalty of imprisonment up to 8 ½ years. Sentencing is set for April 23, 2025 at 1:30 p.m. in front of Judge Sharp.

Prosecuting Attorney Ric Hertel commended Deputy Prosecutor Schuler for her work on this case, noting the seriousness and danger of a drug like Fentanyl.