More than a year after he was caught on camera throwing a woman to the ground during a violent incident in a WinCo parking lot in Lancaster, a Los Angeles County sheriff’s deputy has been charged with using excessive force.
A federal grand jury returned a single-count indictment on Wednesday against 31-year-old Trevor Kirk, who is accused of violating Jacy Houseton’s civil rights in June 2023 when he assaulted and pepper-sprayed her while investigating an alleged shoplifting.
He’s expected to face arraignment later this month in downtown Los Angeles, federal prosecutors said in a news release. If convicted, Kirk could face up to 10 years in prison.
“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 written 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.”
But Tom Yu, the attorney representing Kirk, remained optimistic.
“I still believe the use of force reasonable, and I look forward to defending him in this criminal case,” Yu told The Times.
Caree Harper, who is representing Houseton in civil court, was disappointed to learn Kirk did not face additional charges.
“But in today’s climate we’re grateful to get any charge whatsoever," Harper said. "It’s very hard to get officers or deputies charged, so at least we have that.”
In an emailed statement, the Sheriff's Department said it turned the investigation over to the FBI and "fully cooperated" with federal authorities.
"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," the statement said. "We expect our personnel to make appropriate decisions that maintain the public’s trust while serving our community with professionalism and respect."
Last June, deputies responded to 911 calls about a robbery in progress at the WinCo grocery store on Avenue K in Lancaster, as The Times previously reported . After arriving, they encountered a man and a woman — later identified in court filings as Houseton and Damon Barnes — who allegedly matched the descriptions of the suspects given to 911.
As the deputies handcuffed Barnes in the parking lot, Houseton started recording with her phone. According to federal prosecutors, Houseton told Kirk he had a legal obligation to tell Barnes why he was being detained.
Then, video footage shows that Kirk rushed at Houseton and tried to grab her phone. When Houseton turned away, Kirk grabbed her by the arm and threw her to the ground as she screamed.
After she was already on the ground, prosecutors said Kirk yelled at Houseton to “get on the ground,” then put his knee on her shoulder. When Houseton yelled for him to stop and cursed at him, Kirk allegedly cocked his right arm back with a closed fist and told her: “Stop or you’re gonna get punched in the face.”
Kirk then pressed his knee into Houseton’s neck, prosecutors said, as she begged him to get off and told him, “I can’t breathe."
While on top of Houseton, the indictment alleges, Kirk used his radio to misleadingly report that he was in a fight, just before spraying her twice with pepper spray.
Afterward, prosecutors said Kirk allegedly turned in a misleading incident report claiming that Houseton tried to hit him and took a fighting stance.
Houseton was briefly hospitalized for her injuries, then cited for allegedly assaulting an officer and store loss prevention personnel. Barnes was cited on suspicion of resisting an officer, attempted petty theft and interfering with a business.
At a July 2023 news conference, Sheriff Robert Luna called the incident “disturbing” and said the department had opened an investigation into whether the use of force was reasonable. Both Kirk and the other deputy who responded to the call were taken off field duty, he said.
The following month, Houseton and Barnes sued the Sheriff’s Department and WinCo , alleging battery, negligence and civil rights violations. They said surveillance video proved they paid for everything they bought at WinCo and that they’d been unfairly harassed by store security.
The case is still pending. But in addition to the federal charge and ongoing civil suit, Kirk has also faced another legal problem in recent months . In January, he was arrested by Santa Clarita sheriff’s deputies on suspicion of domestic battery. At the time, Yu said, the alleged victim — Kirk’s wife — was not interested in pursuing charges. This week, he said the district attorney’s office has declined to prosecute.
The incident involving Houseton, who is Black, came amid a string of cases last year in which Antelope Valley sheriff’s deputies used force against Black women. In July 2023, the Sheriff’s Department released body-camera footage showing a Palmdale deputy punching a young mother in the face while she held her 3-week-old baby in her arms, begging authorities not to take the child. Afterward, the FBI began investigating the incident, and the mother filed a federal lawsuit against the county, which is still pending.
Then in December, a sheriff’s deputy responding to a domestic violence call in Lancaster shot and killed Niani Finlayson in front of her 9-year-old daughter. That same month, Finlayson’s family filed a notice of claim for $30 million .
This story originally appeared in Los Angeles Times .
Most Popular
Comments / 0