Irby, 32, was arrested on June 15 after showing up to the Lakeland Police Department with guns belonging to her husband, Joseph Irby, just one day after he was detained on a domestic battery charge for allegedly trying to run her over.
Joseph Irby was released from police custody later that day, after 24 hours at the Polk County jail.
An arrest affidavit revealed the couple had finished a divorce hearing on June 14 when they got into an argument.
Court records show that Taylor Irby sought an injunction for protection against domestic violence in January, arguing that Joseph Irby had committed or threatened to commit domestic violence against her. Federal law prohibits people under a domestic violence restraining order from possessing guns, but it's up to local law enforcement to enforce it, according to the Giffords Law Center to Prevent Gun Violence.
Taylor Irby would later tell police that this is when she made a decision to take matters into her own hands.
She was arrested instead and charged with armed burglary and grand theft, the newspaper said.
"Yes, I am, but he wasn't going to turn them in so I am doing it", Courtney said.
Assistant state attorney Jacob Orr told the Orlando Sentinel on Monday that the office is "reviewing the allegations and all of the evidence collected by law enforcement".
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She cited research showing the presence of a gun in a domestic violence situation makes it five times more likely a woman will be murdered.
Eskamani adds in the letter: "Prosecuting Ms. Irby sets a scary precedent that if someone seeks help to escape abuse, they will be punished for it".
Eskamani said she had spoken with an assistant state attorney who told her the office had not yet decided whether to pursue the case.
"She made this decision after her husband. was taken to jail after running her off the road and hitting her vehicle, while she was driving, with his auto", Eskamani, D-Orlando, writes to Haas, who represents Florida's 10th Judicial Circuit. She was transported to the Port St. Lucie Police Department to be interviewed by detectives.
Authorities said she admitted to shooting her family members and appears to have acted alone.
Irby's attorney, Lawrence Shearer, did not immediately return a request for comment; nor did Robert Peddy, Joseph Irby's lawyer.
Police in Port St. Lucie, Florida had been hunting Alyssa Marie Torres, 28, wanted for the shooting death her of 8-year-old daughter and step-father, Felix Rivera, 54.
Guttenberg tweeted that Irby was "an abused woman trying to protect herself from an abusive husband".