A 56-year-old transient who allegedly broke into the Studio City home of rapper-actor LL Cool J while he and his family were sleeping was charged Thursday with first-degree burglary with a person present, the District Attorney’s Office announced.
Jonathan A. Kirby, was charged as a Third Striker in a felony complaint for arrest warrant filed by Deputy District Attorney William Ryder. Prosecutors will ask bail be set at $1.1 million.
Kirby remains hospitalized with a broken nose, jaw and ribs after the actor – who plays a federal agent and former Navy SEAL on the TV show NCIS: Los Angeles, subdued the alleged intruder. Kirby allegedly broke into the home of the actor, whose real name is James Smith, Wednesday night, triggering an alarm.
Kirby’s arraignment will be announced later. If convicted, he faces a maximum prison sentence of 38 years to life in prison.
The actor's home in the 12000 block of Blairwood Drive near Coldwater Canyon Boulevard, and is gated with security cameras.
LAPD Sgt. Frank Preciado said LL Cool J, "came downstairs, he encountered the suspect in his kitchen,'' the sergeant said. When officers arrived, they saw LL Cool J "in control of the suspect'' and took the man into custody and handcuffed him, Preciado said. The actor was not injured.
Kirby has a record of thefts and disorderly conduct arrests across Los Angeles and Orange counties, the Los Angeles Times reported. He was reportedly sentenced to five years in prison for burglary in 1990s and served three years in prison for petty theft in 2005.
When asked if the star did the right thing in confronting the suspect, Preciado said: "In this particular case, the suspect did not have a weapon, (and) you have a victim who is in fear for their life, and a family member inside, in this case his daughter inside the residence ... (so) you're going to do whatever is necessary.''
A representative of LL Cool J released a statement saying the actor "and his family are safe and thank everyone for their thoughts and concern. As a father, husband and citizen, he is committed to keeping his family safe and is cooperating with authorities on this private matter.''