Instead, prosecutor Brian Haas stole Courtney Irby's guns and other items from Joseph Irby's apartment in Lakeland at a press conference on Wednesday to sell or pledge her. A friend told her to do so.
Courtney Irby, 32, also from Lakeland, was arrested on June 15 after police said she had broken into her husband's home, stealing his weapons and handing them over to the Lakeland officials. She said that, according to police, she had done so because of an incident the day before – in which Joseph Kirby allegedly drove his vehicle at low speed into the rear of her car, in a case where he was subjected to a heavy battery charge.
Police claim that she has still not been allowed to take his weapons out of his home and she has been arrested for crimes. The news of this arrest sparked public outrage. Some politicians argued that they were wrongly punished for protecting themselves against possible violence.
On Wednesday, Haas announced that Courtney Kirby is being charged with abuse only. He said he thought the car accident had made her a victim of domestic violence.
But he pushed back against suggestions that she should not be arrested.
Protecting yourself and your children is wrong, "said Haas on Wednesday.
" While some have desperately tried to clarify this case about weapons, people on both sides of the problem have the real problem in this case overlooked: This is a case "The lawyers of Courtney Irby and Joseph Irby did not immediately respond to CNN's request to speak out, which resulted in both the husband and wife being charged with crimes," Haas said Thursday made by phone and e-mail.
The Irbys have been in divorce proceedings since January, Haas said. Both have left their home together and have been living in separate apartments for some time.
Joseph Irby arrested in a traffic accident involving his wife
The back of Courtney Irby's vehicle in downtown Bartow falls below the speed limit, prosecutors said. The June 1
Courtney Irby called 911 and Joseph Irby was arrested. The next day he was released on bail.
While Joseph Irby was in prison, Courtney Irby went to his house to get a key for a porter – and she thought he would be on her husband's spare keyring in his apartment. according to the prosecutor.
She retrieved the porter's key but also took along other items, including men's watches, a GoPro camera, children's clothes, and two rifles, Haas said.
Her continued disappointment that Mr. Irby allegedly cleaned a joint marriage account.
Later, when another friend learned that she had the firearms, her friend told her to bring her to the police, according to Haas.
A According to a police report, Courtney Irby brought the weapons to the police on June 15 Lakeland.
The prosecutor says the weapons are an "afterthought"
When an officer asked how she had come to arms, she replied, "Well, he (Joseph Irby) was yes, arrests terday for trying to run me over in his car, and he's in jail now, "the report says.
When the officer asked her if she had committed an armed intrusion, she replied," Yes … but he was not "I will not give it up, so I'll do it," the report said.
But Haas said Wednesday that Courtney Irby "did not go to her husband's apartment to pick up the guns."
It seems that taking weapons was only an afterthought, "he said.
The verdict is appropriate, Haas said," We can not have people who have unrestricted access to the home or their future home Have ex-spouse.
Rebekah Riess of CNN contributed to this report.