Feds Push to Dismiss LA Deputy's Indictment

Background of the Case

Federal prosecutors in Los Angeles have taken a significant step by moving to dismiss the indictment and vacate the judgment in the case of a Los Angeles County Sheriff’s Department deputy. The deputy, Trevor Kirk, was originally convicted of assaulting and pepper-spraying a suspect, but his conviction was later reduced to a misdemeanor. This reduction came after a judge sentenced him to four months in jail.

The U.S. Attorney’s Office filed an unopposed motion in federal court, requesting that a judge issue an order to dismiss the indictment, vacate the judgment, and exonerate Kirk's bond. This move marks a major shift in the legal proceedings surrounding the case.

Legal Proceedings and Conviction

U.S. District Judge Stephen Wilson previously granted part of the government’s motion to dismiss the allegations that elevated Kirk’s conviction from a misdemeanor to a felony. Although the court dismissed the felony charges, it did not overturn the jury’s verdict, which found Kirk guilty of using unreasonable force. However, Judge Wilson rejected a portion of the post-conviction plea deal that had stipulated a sentence of one year probation for the misdemeanor conviction.

Kirk, 32, of Santa Clarita, was initially convicted in federal court in February of one felony count of deprivation of rights under color of law. This charge stemmed from an incident in June 2023 during a shoplifting investigation at a supermarket in Lancaster. At the time, he was accused of using excessive force against a woman.

The Plea Deal and Its Aftermath

In early May, the U.S. Attorney’s Office submitted an unusual post-conviction plea and sentencing agreement. Under this agreement, Kirk would plead guilty to a misdemeanor and admit under oath that he "used unnecessary force." This plea deal required Judge Wilson's approval and effectively overturned the jury’s felony verdict, reducing Kirk’s potential prison exposure from 10 years to one year.

Following the filing of this plea agreement, four federal prosecutors withdrew from the case. Kirk’s attorney, Tom Yu, has described his client as a “hero, not a criminal.” Now, the U.S. Attorney’s Office is seeking to drop the entire case entirely.

Reactions and Public Statements

Civil rights attorney Caree Harper expressed strong criticism of the situation, stating that the new U.S. Attorney’s Office could not stoop any lower. She referred to Bill Essayli, the U.S. Attorney for the Central District of California, and Assistant U.S. Attorney Robert J. Keenan, who were involved in the case, as being overly protective of Kirk.

In March, the Los Angeles Sheriff’s Professional Association stated that the initial prosecution of Kirk was “wrongful and politically charged.” They claimed that Kirk’s actions, as seen on body-worn camera video, were “lawful, restrained, and aligned with training.” Association President Cesar Romero emphasized the union’s unwavering support for Kirk, stating that the case was not just about one deputy but an attack on all law enforcement officers.

Details of the Incident

According to court papers, on June 24, 2023, Kirk and another deputy responded to a possible robbery at WinCo Foods involving a man and a woman. They 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 approached the woman, identified as Jacy Houseton, and attempted to grab her phone without issuing any commands. When she turned away, Kirk grabbed her arm, hooked his left hand behind her neck, and forcefully threw her to the ground. While on the ground, Kirk yelled at Houseton to “get on the ground,” and she told him the video had already been posted on YouTube.

Prosecutors allege that Kirk then placed his knee on the woman’s shoulder and, when she yelled for him to stop and used an expletive, pulled his right arm back with a clenched fist and threatened to punch her in the face. He also used his department radio to call in a misleading report that he was in a fight.

Court documents further state that shortly after, without giving additional commands, Kirk sprayed her twice in the face with pepper spray. The woman received medical attention for the injuries sustained during the incident.

Conclusion

The case highlights the complex interplay between law enforcement actions, legal procedures, and public perception. As the U.S. Attorney’s Office seeks to dismiss the indictment, the broader implications of this case continue to resonate within the community and the legal system.