Lawrence man pleads guilty to murder in fatal DUI crash; state recommends 8.5 years in prison

photo by: Chris Conde/Journal World

Anthony M. Royal is pictured during a plea hearing on Aug. 22, 2023, in Douglas County District Court. Royal pleaded guilty to one count of second-degree murder for a DUI crash that killed 70-year-old John Thomas Kirby on April 8, 2022.

A Lawrence man pleaded guilty to murder on Tuesday in connection with a DUI crash that left a 70-year-old man dead.

Anthony Michael Royal, 56, pleaded guilty to one count of second-degree murder, unintentional but reckless, and one felony DUI as part of a plea agreement with the state in which the state is recommending 102 months, or 8.5 years, in prison.

The charges are in connection with a crash on April 8, 2022, at 6:43 p.m. when Royal attempted to exit Kansas Highway 10 at the Bob Billings Parkway ramp in a 2017 Dodge Ram, failed to stop at the stop sign and crashed into another vehicle. John Thomas Kirby, 70, of Lawrence, died as a result of the crash, as the Journal-World reported.

As part of the plea agreement, the state dismissed one misdemeanor count of tampering with an ignition interlock device, which Royal was required to have due to a previous DUI but did not have installed in his vehicle, and one misdemeanor count of failure to stop at a stop sign. The interlock device is meant to prevent people from driving if they have consumed alcohol.

Judge Amy Hanley accepted Royal’s plea after asking him a series of questions about whether he understood the process and whether he was on any drugs that may affect his ability to reason.

Royal, who has been in custody since his arrest in October of 2022, said the only medications he is taking are antidepressants and that he suffers from PTSD and “survivor’s guilt.”

Hanley advised Royal that she is not bound by the plea agreement when she sentences him for the murder charge and that Kansas sentencing guidelines recommend a minimum of 109 months in prison for the charge and up to 493 months, or 41 years, depending on Royal’s criminal history.

According to the plea agreement, the state believes Royal has a minimal criminal history but that it would increase Royal’s potential sentence to fall between 138 and 154 months, or 11.5 to 12.8 years. Hanley told Royal’s attorney, Dakota Loomis, that he must file a motion for a durational departure before Royal is sentenced for her to consider the reduced sentence of 102 months.

Royal has two additional DUI convictions in Miami County, Kansas, from 2016 and 2019, according to court records.

photo by: Chris Conde/Journal World

Anthony M. Royal, left, and his defense attorney, Dakota Loomis, are pictured during a plea hearing on Aug. 22, 2023, in Douglas County District Court. Royal pleaded guilty to one count of second-degree murder for a DUI crash that killed 70-year-old John Thomas Kirby on April 8, 2022.

In addition to the prison sentence, Hanley said Royal would be required to register as a violent offender for 15 years.

During Royal’s preliminary hearing in March multiple witnesses described Royal’s truck recklessly approaching the intersection before the crash, then seeing Royal’s truck engulfed in flames as Royal crawled from an embankment near the roadway, as the Journal-World reported.

A Kansas state trooper testified that after the crash Royal’s blood alcohol level was .11. The legal driving limit in Kansas is .08. The trooper also testified that evidence showed that Kirby likely did not have any warning before Royal crashed into him.

Royal is currently being held at the Douglas County Jail on a $75,000 cash or surety bond and is scheduled to be sentenced on Nov. 1.

According to Kirby’s obituary, he was born in 1951 in Kansas City, Missouri, and was the owner of John Kirby Insurance Company, representing American National for over 30 years. He is survived by his wife, five children and numerous grandchildren and great-grandchildren. His family suggested that memorial contributions be made in his name to Mothers Against Drunk Driving.