Lawmaker: Polk County state attorney should drop case against battered woman

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The case of a Polk County woman arrested after turning in her husband's guns is still under review.

Orlando Rep. Anna Eskamani is encouraging State Attorney Brian Haas in Polk County not to prosecute.

"My hope is that our state attorney here in Polk County doesn't prosecute and instead sends a statement to the world that we're going to support survivors," she said.

Rep. Eskamani saw Courtney Irby's story on Twitter and decided to get involved.  The case is pitting morality versus the letter of the law.  

Irby, in the middle of a divorce, admits to breaking into her estranged-husbands apartment to get his guns and bring them to Lakeland Police.  She said she feared for her life, and worried he would not turn them in.  The day before, he was charged with aggravated domestic violence for allegedly trying to run her off the road.

But breaking into his apartment got her arrested and charged with armed burglary and grand theft of a firearm.  She spent five days in jail.

"Domestic violence situations a woman is five times more likely to be murdered when there's a gun in the home she was doing what any mom parent survivor of domestic violence would do," Rep. Eskamani said.

Lakeland Police aren't commenting any further on the arrest, saying it's in the hands of the courts.  The state attorney's office tells FOX 13 it is in the middle of reviewing the case, adding: "Prosecution filing decisions must be made based up an analysis of all the facts and applicable law."

"It is very difficult to prove in a court of law that it was beyond reasonable doubt that she intended to steal at the end of the day that's what a jury would decide," Rep. Eskamani said.

Attorneys for Irby's estranged husband say all the facts have not come out.  They also say he's a hard worker and good family man.