3 years and less than 40 minutes of Jury deliberation later, Roger Kirby is a free man.
“There was no evidence there, he never committed this crime, and I am thrilled that he was exonerated and that he can get his life back,” his attorney Michael Salnick says.
Kirby was accused back in 2014 of choking this five year old because he wet the bed.
NewsChannel 5 chose not to reveal the child’s name or the nature of their relationship.
The PBSO Sergeant took the stand in his own defense Friday.
“He said he’d fallen out of bed…I saw what appeared to be a really light rash on his face and a swollen lip,” he told the courtroom.
“Mr Kirby, did you do anything to cause that?” Salnick asked.
“No,” Kirby responded.
Prosecutors said a fall couldn't have caused his injuries.
Instead they suggested Kirby’s training to take down jail inmates in an emergency factored into the attack.
Sate Prosector: “That technique actually involves you taking your arm and putting it around an inmates neck to somewhat subdue them, right?”
Kirby: correct
Salnick says a doctor’s testimony raised important questions.
Among them - were the boy’s injuries, including hemorrhaging and a rash, the result of a pre-existing condition?
“There was an insufficient medical workup,” Salnick says. “And there were still questions of a bleeding disorder.”
Kirby faced two child abuse charges and 35 years in prison.
As for his future with PBSO, Kirby remained silent, but his attorney says he wants to see him on the street “very soon”.
He has been on unpaid administrative leave since 2014.
A PBSO Spokesperson says it will stay that way, pending the completion of an internal affairs investigation.
EARLIER STORY
WEST PALM BEACH, Fla. - A Palm Beach Sheriff's Office deputy has been found not guilty of child abuse.
Roger Kirby, who was on administrative leave from the sheriff's office, was accused of choking a 5-year-old in 2014.
Prosecutors said the boy suffered multiple injuries, including hemorrhaging to his eyes and a swollen lower lip.
The defense maintained Kirby was innocent and had nothing to do with the boy's injuries.
This is a developing story and will be updated.
BREAKING: Jury finds Roger Kirby NOT GUILTY on child abuse charges. @WPTV
— Jason Hackett (@JHackettWPTV) November 3, 2017