Warren County death penalty trial begins with focus on drugs, poverty

Judges Joe Kirby, Donald Oda II and Robert Peeler, rather than a jury, will decide a death penalty case in Warren County. The trial of Christopher Kirby, 38, of South Lebanon, began this morning. STAFF / LAWRENCE BUDD

Judges Joe Kirby, Donald Oda II and Robert Peeler, rather than a jury, will decide a death penalty case in Warren County. The trial of Christopher Kirby, 38, of South Lebanon, began this morning. STAFF / LAWRENCE BUDD

The trial of a South Lebanon man facing the death penalty if convicted of murdering his sister in September 2017 began this morning in Warren County Common Pleas Court.

Judges Joe Kirby, Donald Oda II and Robert Peeler, rather than a jury, will decide if Christopher Kirby, 38, should be sentenced to death for allegedly murdering his adoptive sister, Deborah Power, and badly beating her husband, Ronnie Power, at the home they shared with Kirby, his wife and children in South Lebanon.

“This is really a story about drugs,” defense lawyer John Kaspar said during opening statements.

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Kirby is charged with aggravated murder, aggravated robbery, murder, felonious assault, grand theft and tampering with evidence.

He is alleged to have committed these crimes to fund his and his wife’s drug habit after Deborah Power changed the password on her bank card.

In April, Jacqueline “Jackie” Kirby, 31, was sentenced to three years on probation for her part in the case and ordered her to enter the Women’s Recovery Center, an outpatient substance abuse program in Xenia.

This morning, Assistant County Prosecutor John Arnold said the extended family all living in the South Lebanon home where the alleged crime occurred relied on Social Security payments.

Kaspar said the case would also demonstrate the poverty of their conditions and “the vital importance of a $290 check.”

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Prosecutors called the 911 operator who took the initial call after the incident and a series of deputies after opening statements.

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