Former Live Oak Police Department sgt. Kyle Kirby

The former Live Oak Police Department sergeant facing a federal charge for child pornography tried to have another officer destroy evidence, according to recently released court documents. 

Former Live Oak Police Department Sgt. Kyle Adam Kirby, 35, arrested Oct. 28 after the FBI found child pornography on his patrol car computer, directed a fellow officer to delete all of his files off another work computer for him, according to a Nov. 25 statement from the prosecution. 

After the FBI executed a search warrant on his home on Oct. 22, Kirby told the officer that his Internet access had been hacked, which resulted in him being investigated. 

Federal prosecutor D. Rodney Brown stated in court documents that the officer “indicated he felt that Kirby was honest with him until he contacted him on the evening of Sunday, Oct. 25.”

That is when Brown said Kirby directed the officer to drive to the LOPD and delete all his files off of a common-use computer at the station because he didn’t want law enforcement looking at his “business.”

Kirby also asked the officer to bring a document shredder to his home following the deletion of the files, claiming he had mail to shred. 

The officer didn’t comply, but went to the LOPD computer and began looking at various files and reportedly found an image of a young child whose identity the officer might have known, court documents state.

Though the photo itself was non-explicit, given the circumstances, the officer informed LOPD Chief Buddy Williams, who alerted the FBI, according to court documents.

Kirby was indicted by a grand jury on Nov. 5, and he pleaded not guilty on Nov. 9. The government had asked for and was granted a motion to have Kirby remain detained pending trial. 

As Kirby attempts to reverse the detainment order, the prosecution cites Kirby’s actions as reasons he should remain detained. 

In addition to trying to have evidence destroyed, Kirby had previously made sexual comments about a minor to another officer, court documents state. 

Kirby also had software to wipe his work computer and knew how to hide his online activity, the prosecutor said. 

“The defendant’s characteristics are horrendous,” Brown wrote. 

Brown later stated, “The risk that he may victimize a child is simply too high.” 

The defense’s request argues that Kirby’s history as a police officer reflects favorably on him. That was a point of contention in the prosecution’s response. 

Him having been a sworn police officer while downloading child pornography negatively impacts his bond eligibility, the prosecution states. 

The United States District Court, Middle District of Florida, will now decide if Kibry’s motion to be released pending trial will be granted. 

Meanwhile, the court granted a motion by Kirby’s attorney, Hernandez, to reschedule the jury trial previously set for Jan. 4, to April 4, 2016, at 9 a.m.