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It was a perfunctory court appearance on a much larger debate.
Kurk Kirby, cited while carrying a handgun in a Vancouver Albertsons grocery store on March 19, made his first appearance Wednesday in Clark County District Court. The hearing was to schedule a trial date, but Kirby, 26, of Vancouver waived his right to a speedy trial.
Judge Kelli Osler set a review hearing for July 19, at which time a trial date will be set.
Kirby, dressed in a sleek tan suit and openly smiling for a TV cameraman and photographer, did not make a statement to the judge.
When approached by a reporter, he declined comment, saying his attorney advised him against speaking to the media.
Kirby is charged with unlawfully carrying a weapon, a gross misdemeanor punishable by up to one year in jail and a $5,000 fine.
Last month, Kirby’s attorney, Christopher Dumm, entered a not guilty plea on his client’s behalf.
It is legal to carry a firearm openly in the state of Washington, but prosecutors with the Vancouver city attorney’s office filed the charge — which makes it unlawful to display a weapon in a manner “that either manifests an intent to intimidate another or warrants alarm” — based on witness observations.
Witnesses, including two men who have concealed weapons permits, told police Kirby looked like “Wyatt Earp, ready to draw.” Witnesses also said he was “giving everyone the eyeball with his hand on the gun,” according to police reports.
Police reports indicate that officers spotted Kirby outside the store, wearing a skin-tight T-shirt that didn’t cover the large holstered gun. The Springfield Armory XP pistol had a round in its chamber and several more in the magazine snapped into its handle. More cartridges, totaling 35, were in the two magazines.
Initial reports stated Kirby made no menacing statements or gestures to anyone while he was at the strip mall at 5000 E. Fourth Plain Blvd. He simply stood around for 10 or 15 minutes before someone called 911.
But further investigation found witnesses who said they felt Kirby was “going into the draw position,” according to police reports.
Kirby told responding officers he was within his rights to carry the gun openly, reports said. He also has a concealed weapons permit.
The case has drawn attention of people nationwide on both sides of the open-carry debate, including advocates on OpenCarry.org.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
