His voice growing loud, Kirby Peek jabbed his chest for emphasis in the 35th District Court witness chair Thursday afternoon and insisted his brother had nothing to do with the methamphetamine Early police seized following a Nov. 9, 2011 traffic stop.
"The drugs were mine. He didn't know know nothing about it, y'all. That's the truth," Kirby Peek insisted. " … The drugs are mine. My brother didn't have nothing to do with it. This was my dope — mine …"
Kirby Peek's brother, Kevin, is standing trial for possession of methamphetamine with intent to deliver, over 4 grams under 200 grams in a drug free zone.
Kirby Peek was testifying as a defense witness and was likely the final witness before jurors hear closing arguments from the state and the defense. The Peek brothers, both of Brownwood, and a third Brownwood man, Hector Gonzales Jr., were arrested following the traffic stop. Gonzales pleaded guilty in May and was sentenced to 15 years in prison. Kirby Peek has entered a guilty plea and his sentencing is scheduled for next week.
Kevin Peek's lawyer, Patrick Howard, has said the state will not be able to prove its case against Peek, noting that Peek had marijuana but not methamphetamine when Early police stopped the car occupied by the three men. Evidence would show what Kevin Peek knew and when he knew it, Patrick told jurors earlier.
Jurors heard testimony that Kevin Peek did not know Kirby Peek and Gonzales were on their way to buy drugs when Kevin Peek drove the car to a Granbury mobile home. Jurors also heard testimony that Kevin Peek told Shawn Dibrell, who was then a detective with the Early Police Department, that he knew they were going after drugs.
Dibrell and officer Stephanie Haile made a traffic stop on the car as it traveled through Early on the return trip from Granbury.