Will Alleged Child Molester Get Bond? Judge Ferrero to Decide Tomorrow Morning
Tomorrow morning, Judge Denise Ferrero will decide if Kyle Durant Kirby, 31, will be granted bond in his child molestation case. Prosecutors are seeking a pretrial detention order.
Kirby appeared for the hearing on Thursday but the Public Defender’s Office moved it to a later date because he hadn’t spoken to an attorney yet. Three or four family members and/or individuals who appeared to be in support of Kirby were present in the courtroom and spoke with a defense attorney about his case. Judge Susanne Wilson Bullard was presiding but she moved the pretrial detention hearing to Ferrero’s courtroom. Assistant Public Defender Luis D. Rodriguez has been assigned to defend Kirby while Assistant State Attorney Pamela Brockway is the current prosecuting attorney.
On June 29, High Springs Police Department investigators charged Kirby with lewd/lascivious molestation against a victim aged between 12 and 16.
On September 9, a warrant was issued for Kirby’s arrest, and he was booked into jail two days later on no bond pending the outcome of the pretrial detention hearing. Assistant State Attorney Nicole Reed quickly filed formal charges stating that on February 10 of this year, Kirby “did intentionally touch in a lewd or lascivious manner the genitals or genital area, or the clothing covering them of [the victim]."
According to the High Springs Police Department report, Detective Tracy Taylor responded to the incident location after the victim’s father reported that Kirby touched her in a lewd or lascivious manner. Taylor made contact with the victim’s mother after arriving to the residence. The mother stated she heard about the incident from her son (the victim’s brother).
The victim later said that she told her brother and father before her mom because she felt her mother would not believe her.
The mother reportedly advised that she “rushed home” to make contact with the victim to “get the full story.”
The police report indicates the Kirby and/or members of the victim’s family were subject to human trafficking and physical abuse allegations in 2024. Taylor indicated that the allegations were not sustained and the family was “not referred” for “services” by the Department of Children and Families (DCF), but he did acknowledge the allegations do "correlate" to the instant case.
The exact details of the human trafficking and physical abuse allegations are unclear, but they appear to contradict statements from a (redacted) family member or witness who indicated that Kirby has lived with the family for four years with "no prior incidents."
Taylor tried to talk to Kirby but he invoked his right to have an attorney present before questioning.
Rumors have spread on social media attempting to cast doubt on the victim’s account.
It appears at least two teams of investigators were involved with the case. (The High Springs Police Department and the UF Child Protection Team).
Some argue that the victim said Kirby molested her to get him in trouble over a disagreement or family-related issue; however, the fact over two months passed between the victim’s initial report and Kirby’s arrest indicates that she did not push for criminal prosecution on a whim. The speed at which charges were formally filed following Kirby's arrest suggests his charges were accessed by the State Attorney's Office prior to the warrant.
In 2013, Kirby completed a deferred prosecution agreement for possession of cannabis and drug paraphernalia.
In 2019, Kirby was convicted of domestic battery and sentenced to one year of probation.
In 2023, Kirby was accused of driving without vehicle registration but he wasn't prosecuted.
GnvInfo emailed Taylor for comment and he said to contact Chief J. Antoine Sheppard for any information about the case.
"Our agency does not comment on pending cases," Chief Sheppard wrote in an email to GnvInfo. "All defendants are presumed innocent until proven guilty in a court of law, and Mr. Kirby is entitled to that same presumption. Thank you for your understanding."
If found guilty, a judge could sentence Kirby to 15 years in prison, the maximum sentence under Florida law for a single count of lewd/lascivious molestation by an adult against a child between the ages of 12 and 16.
This page will likely be updated a number of times through the duration of the case.
