Billy Clay Kirby 
Wesley Robert Rose
Two men stopped by Cumby police for suspicious activity after 3 a.m. Saturday were jailed after Cumby police found suspected methamphetamine and a marijuana cigarette in their vehicle.
Cumby Police Sgt. Ray Embro was conducting building security checks in the area of the north Interstate 30 service road and Odom Street, an area where burglary attempts had been made at neighboring businesses, when he noticed a Chevrolet Trailblazer drive into the I-30 Fast Stop and park in front of the building. The business was closed so he made a block and returned. The vehicle was exiting onto the north service road so he stopped it for suspicion of criminal activity.
On contact, the driver was identified as Wesley Robert Rose, 36, of Talco and the passenger as Billy Clay Kirby, 49, of Cumby. Kirby claimed to be an employee of the gas station, and said they stopped to grab some ice from the ice machine. They did have a bag of ice in the rear floorboard.
Embro, in arrest reports, during questioning, both were notably nervous and the reasons they gave for their travels did not make sense to him, so he suspected the pair engaged in criminal activity and had Rose step out of the car for further investigation. Rose reportedly became more nervous during questioning and agreed to let Embro search the vehicle. Embro had Kirby step out.
Hopkins County Sheriff’s Deputy Tanner Steward arrived on scene to serve as a cover unit with Embro. A baggy with a white crystal-like substance the officers believed to be methamphetamine and a red straw were allegedly found in a white pill bottle in a small bag in the rear floorboard. A marijuana cigarette was found in a child’s toy in rear of the vehicle.
Rose allegedly told Embro that Kirby ate illegal contraband believed to be methamphetamine as they were being pulled over and threw illegal contraband out the front passenger window. While talking to Kirby, Embro alleged in arrest reports, the officer observed a large piece of white crystal-like substance believed to be methamphetamine on Kirby’s shirt.
Consequently, both Rose and Kirby were arrested for possession of less than gram of a Penalty Group 1 controlled substance. Kirby was also charged with tampering with or fabricating physical evidence, according to arrest reports.
Both men remained in Hopkins County jail Monday morning, June 17. Bond was set at $5,000 each on the controlled substance charge; Kirby’s bond on the tampering with evidence charge was set at $10,000, according to jail reports.
