Nevada County Picayune and Gurdon Times Newspaper Archive

Woman Charged With Battery Of Husband

A dispute between a husband and wife has landed the wife in jail.

According to court records Sylvia Kirby, 39, has been charged with domestic battery in the second degree and possession of firearms by a certain person.

The battery charge is a class C felony punishable by 3-10 years in prison and a fine up to $10,000. The firearm charge is a class D felony, with a sentence up to six years in the pen and a fine up to $10,000.

The records state Diane Kirby called the Nevada County Sheriff's Office on April 4. Around 10 a.m., deputy Robert Plyler and criminal investigator Wayne Kisselburg arrived at the Kirby home, only to find the victim wasn't there.

The victim, Paul Kirby, arrived with his son, Sidney, at about 10:30 a.m. Kisselburg asked Kirby who had hit him, with the response being it was his wife, Sylvia.

Both of the victim's eyes were bloodshot, with the right one swollen. In addition, officers noticed a bruise on top of his nose, a bruise on his left shoulder and his top front teeth missing.

According to Kirby, his wife got home around 2 a.m. on April 4, and started hitting him with a broom, then her fist.

On April 5, Sid Kirby contacted Kisselburg saying his mother had a 22.-caliber handgun in her car belonging to Paul Kirby.

Parole officer Kathy Lebourgeois went to the NCSO to talk with Sylvia Kirby, as she was on parole at the time.

Lebourgeois asked if she had a pistol in her car and was told yes. Sylvia Kirby said her husband had given her the gun to carry to work with her as she worked a swing shift.

Her version of the fight differed from Paul Kirby's.

Records state when Sylvia Kirby got home after work, her husband began calling her names and threw something at her. She responded by hitting him with a broom, then her first.

She was placed under arrest, and is currently being held in the Nevada County Jail, with no bond set as she violated the conditions of her parole.