A Los Angeles County Sheriff's Department deputy was charged Wednesday with allegedly using excessive force when he assaulted and pepper-sprayed a woman during a shoplifting investigation outside a WinCo Foods in Lancaster last year.
Trevor James Kirk, 31, of Santa Clarita, is charged in a single-count federal indictment with deprivation of rights under color of law for the force used in June 2023, according to the U.S. Attorney's Office.
Prosecutors said Kirk, who allegedly used pepper spray on victim J.H., will be arraigned on the charge in Los Angeles federal court later this month.
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"When an officer violates the civil rights of another person, it undermines public safety for all of us," U.S. Attorney Martin Estrada said in a statement. "Officers must be held accountable when they violate constitutional rights, and my office is committed to prosecuting those who abuse their authority and breach the public's trust."
Prosecutors said Kirk and another deputy were responding to a possible robbery at the WinCo by a male and female suspect. Kirk and the other deputy arrived on the scene and handcuffed and detained a man matching the description of the male suspect, while a female, who matched the description of the other suspect, videotaped the deputies, according to court papers.
The indictment alleges that Kirk then approached J.H. and, without giving any commands, attempted to grab her phone. The woman turned away, at which point Kirk allegedly grabbed J.H. by her arm, hooked his left hand behind her neck, and violently threw her to the ground.
While on the ground, Kirk yelled at J.H. to "get on the ground," and she told him that the video had already been posted on YouTube, the indictment alleges.
Kirk then placed his knee on J.H.'s shoulder and when the woman yelled for Kirk to stop and called him an expletive, Kirk cocked his right arm back with a clenched fist and threatened to punch her in the face, prosecutors allege.
The indictment alleges that Kirk used his LASD radio to call in a misleading report that he was in a fight.
Court papers further allege 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, federal prosecutors said.
The indictment also alleges 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.
If convicted, Kirk could face up to 10 years in federal prison, according to the U.S. Attorney's Office.
According to the sheriff's department, Kirk has been relieved of duty pending the outcome of the criminal case.
"The department initiated an internal criminal investigation into this incident and subsequently turned the investigation over to the FBI," according to a sheriff's department statement. "We have fully cooperated with the FBI throughout their investigation.
"... We have strict department policies and procedures pertaining to the use of force and personnel are not immune from the law and accountability when they violate those standards. We expect our personnel to make appropriate decisions that maintain the public*s trust while serving our community with professionalism and respect."
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