Jacqueline Kirby, 31, of South Lebanon was sentenced to three years on probation for receiving stolen property and misuse of credit cards. She is pictured here in an earlier court hearing with her husband, Christopher Kirby, 38, who faces the death penalty in the case. STAFF PHOTO BY LAWRENCE BUDD

Wife gets treatment, probation in Warren County capital murder case

Judge Donald Oda II also ordered Jacqueline Kirby, 31, to enter the Women’s Recovery Center, an outpatient substance abuse program in Xenia.

Kirby had been in the county jail since Sept. 16.

She faced no more than one year of jail or prison time for receiving stolen property and misuse of credit cards, the charges she was convicted on in February.

She still faces five months in jail if she fails to complete the treatment program and is barred from contact with the surviving victim or family, Warren County Prosecutor David Fornshell said.

Kirby and her husband, Christopher Kirby, 38, were arrested after Power, his adoptive sister, and her husband, Ronnie Power, were found at the home they shared in South Lebanon after a 911 call from an 8-year-old boy on Sept. 15.

Debra Power, 63, died, but her husband survived with serious injuries from a beating allegedly from Christopher Kirby after the Kirbys were unable to use the Powers’ bank card to draw money to buy heroin, according to testimony in the trial.

Christopher Kirby is facing multiple charges, including capital murder, and is scheduled for trial later this year.

After the beatings, the Kirbys used Debra Power’s credit cards and a TV taken from Ronnie Power’s room to get heroin they used before being arrested, according to testimony in the February trial.

Jacqueline Kirby was found guilty of receiving stolen property and misuse of credit cards, but not guilty of tampering with evidence.

Oda ruled Assistant County Prosecutor John Arnold failed to prove Kirby was guilty of the tampering charge alleging she disposed of Debra Power’s purse.

Both sides rested after a video of Jacqueline Kirby’s statement was played, during which she struggled to recall what happened.

“I was pretty high,” she told detectives who encouraged her to cooperate so she could face lesser charges and get back with her two children.

She was led back to jail after the verdict, but Oda said he wanted her assessed for placement in community-based corrections before deciding her punishment.

On Thursday, Sack said the sentencing - scheduled for Friday - was moved up due to a scheduling conflict she had.