Rapper will not be charged in beating of transient who allegedly broke into his home.
By Gil Kaufman
The man who allegedly broke into rapper/actor LL Cool J's Los Angeles home on Wednesday morning could face 38 years to life in prison in the case.
Jonathan Kirby, 56, was charged on Thursday with residential burglary with a person present. Because of his previous record and the third strike law, Kirby could be sent to prison for nearly four decades or more.
In addition to the potentially seriously prison time, Kirby is also nursing some significant wounds inflicted by the burly "NCIS Los Angeles" star, who took matters into his own hands when he heard someone rustling around in his house at 2 a.m. Cool J (born James Todd Smith), told police he was upstairs in his house sleeping when he heard a noise in the kitchen. When the intruder approached him, the two men got entangled and a brawl ensued, during which J broke Kirby's nose as well as his jaw and some ribs.
The veteran MC was not injured in the fight, and he held the intruder until police arrived on the scene. "He is committed to keeping his family safe and is cooperating with authorities," a rep for the rapper said after the incident.
According to the Los Angeles Times, investigators believe LL acted in self-defense and are not pursuing any charges against him at this time. Kirby was identified by police as a transient with a lengthy arrest record for thefts, fights and drugs across Los Angeles County. Kirby was arrested after the incident on suspicion of burglary and may face a battery charge as well and is being held on $1.1 million bail. Court and prison records indicate that Kirby was sentenced to five years in prison for burglary in the 1990s and three years in prison in 2005 for petty theft. He has an additional theft conviction for which he served jail time and he was recently discharged from prison on February 1 for an undisclosed crime.
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