Deputy pepper-sprays woman filming him, throws her to ground during an arrest, feds say

A Los Angeles County sheriff’s deputy tried grabbing a woman’s phone while she was filming him arrest a robbery suspect, then “violently threw her to the ground” and pepper-sprayed her in the face, twice, federal prosecutors said.

Trevor James Kirk, 31, is accused of using excessive force against the woman outside a WinCo Foods in Lancaster in June 2023 that resulted in her needing medical treatment, according to prosecutors.

A jury returned an indictment against Kirk, of Santa Clarita, on Sept. 4 that charges him with deprivation of rights under color of law, the U.S. Attorney’s Office for the Central District of California announced in a news release.

In a statement to McClatchy News on Sept. 5, the Los Angeles County Sheriff’s Department said the department “initiated an internal criminal investigation into this incident and subsequently turned the investigation over to the FBI.”

Kirk “is relieved of duty pending the outcome of the criminal investigation,” the department added.

Kirk’s defense attorney, Tom Yu, didn’t immediately respond to McClatchy News’ request for comment Sept. 5.

Yu told CBS News that he believes Kirk “used reasonable force,” adding that he looks “forward to defending him in this criminal case.”

What happened at the supermarket?

According to Kirk’s indictment, prosecutors said he and another deputy responded to WinCo Foods for a possible robbery involving two suspects, a man and a woman.

As they handcuffed and detained the male suspect, who prosecutors identified as “D.B.,” the woman who looked like the female suspect started filming, prosecutors said.

She told Kirk that, legally, he had to tell D.B. why he was under arrest and that she was sharing what was happening on social media, according to prosecutors.

That’s when Kirk walked over to the woman, identified as “J.H.,” and “without giving any commands,” reached for her phone, prosecutors said.

“J.H. 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,” prosecutors said.

Kirk yelled at her to get down while she was already on the ground, and in response, the woman told him the video she filmed was shared to YouTube, according to prosecutors.

Then Kirk put his knee on her shoulder, prosecutors said.

“When J.H. yelled for Kirk to ‘stop’ and called him an expletive, Kirk cocked his right arm back with a clenched fist and said, ‘Stop or you’re gonna get punched in the face,’” according to prosecutors.

Kirk pushed his knee into the woman’s neck, and she said she couldn’t breath, prosecutors said.

At the time, he radioed the Los Angeles County Sheriff’s Department, saying he was in a “fight,” which prosecutors said was misleading.

Afterward, he pepper-sprayed the woman in the face, according to prosecutors.

Later, Kirk misled the sheriff’s department further when he submitted a report that said the woman was a physical threat, assaulted him, tried hitting him and was in a “fighting” or “blading” position, prosecutors said.

The woman was medically treated as a result of the pepper spray and being thrown down, according to prosecutors.

A few weeks later, a video went public that showed the moments before the altercation, KTLA reported.

At the time, Los Angeles County Sheriff Robert G. Luna held a news conference and said the incident was “disturbing,” according to KTLA.

“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 sheriff’s department told McClatchy News.

Kirk could face up to 10 years in federal prison if he’s convicted of the civil rights offense, according to prosecutors.

“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.

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