DOJ Seeks Leniency For Deputy Already Convicted Of Excessive Force

LOS ANGELES, CA — A federal judge heard arguments but made no immediate ruling Monday at a sentencing hearing for a Los Angeles County Sheriff's Department deputy who was offered a lenient post-conviction plea deal months after a jury convicted him of a felony for using excessive force when he assaulted and pepper-sprayed a woman during a shoplifting investigation outside a supermarket in Lancaster.

Trevor James Kirk, 32, of Santa Clarita was convicted in federal court in February of one felony count of deprivation of rights under color of law for the force used in June 2023, according to the U.S. Attorney's Office.

At the beginning of May, however, the U.S. Attorney's Office -- with no clear explanation -- filed an unusual post-conviction plea and sentencing agreement in which Kirk would plead guilty to a misdemeanor and admit under oath that he "used unnecessary force."

The plea deal -- which requires the approval of U.S. District Judge Stephen V. Wilson -- would overturn the jury's verdict and reduce Kirk's possible prison exposure of 10 years to one year. The government says that if accepted, prosecutors would recommend a sentence of a year's probation and a fine.

Following the filing of the post-conviction plea agreement, four federal prosecutors withdrew from the case.

Kirk's attorney, Tom Yu, has described his client as a "hero, not a criminal."

Wilson heard arguments from both sides Monday in downtown Los Angeles but made no immediate ruling, according to the U.S. Attorney's Office.

In March, the Los Angeles Sheriff's Professional Association said the prosecution of Kirk was "wrongful and politically charged" and his actions, as seen on body-worn camera video, were "lawful, restrained, and aligned with training."

Cesar Romero, LASPA president, said the organization "stands unwaveringly" with Kirk.

"This isn't just about one deputy -- it's an assault on every law enforcement officer who puts their life on the line daily," Romero said in a statement. "We will not back down. Trevor has our full support, and we will fight alongside him and his loved ones until justice is restored."

Evidence showed Kirk and another deputy were responding on June 24, 2023 to a possible robbery at WinCo Foods by a male and female suspect. According to court papers, Kirk and his fellow deputy arrived at the scene, handcuffed a man matching the suspect's description and detained him, while a woman fitting the description of the second suspect recorded the deputies with her phone.

The indictment states that Kirk then approached the woman -- identified in court documents as J.H. -- and attempted to grab her phone without issuing any commands. The woman turned away, prompting Kirk to grab her arm, hook his left hand behind her neck and forcefully throw her to the ground, prosecutors said.

While on the ground, Kirk yelled at J.H. to "get on the ground," and she told him the video had already been posted on YouTube, according to the indictment.

Federal prosecutors initially said Kirk then placed his knee on the woman's shoulder, and when she yelled for him to stop and used an expletive, he pulled his right arm back with a clenched fist and threatened to punch her in the face.

The indictment says Kirk used his LASD radio to call in a misleading report that he was in a fight.

Court papers further state that shortly thereafter, without giving any additional commands to J.H., Kirk sprayed her twice in the face with pepper spray. The woman received medical attention for the spray and injuries received from being thrown to the ground, evidence shows.

The jury heard that Kirk then drafted and submitted a misleading report to the LASD in which he portrayed J.H. as a threat to his physical safety, claiming that the woman assaulted him, attempted to hit him and took a "fighting" stance.

At the time charges were filed last year, the sheriff's department said Kirk was relieved of duty pending the outcome of the criminal case.

The department issued a statement in February saying it "has fully cooperated with the FBI during this investigation. The deputy is currently relieved of duty without pay. These actions are completely contrary to the values and standards upheld by the Sheriff's Department. Law enforcement officers not only take an oath to uphold the law but are held to the highest standards of accountability and integrity. No deputy is above the law and any abuse of power which violates the public's trust will not be tolerated."

Wilson could issue a written ruling sometime this week.

City News Service