LASD deputy charged with federal civil rights violation for violent arrest in Lancaster last year

A Los Angeles County Sheriff's Department deputy has been federally charged with a civil rights violation for a violent arrest that happened outside of a WinCo Foods in Lancaster in 2023. 

Deputy Trevor James Kirk, 31, of Santa Clarita, is charged in a single-count indictment with deprivation of rights under color of law for the incident, which sparked national outrage after he "assaulted and pepper-sprayed a woman," according to a release from the United States Department of Justice.

If convicted as charged, Kirk faces a maximum sentence of 10 years in federal prison. He is scheduled for arraignment later in September.   

LASD initiated the investigation into Kirk's actions before turning over its finding to the FBI. Kirk had been relieved of duty pending the outcome of the criminal investigation, according to a spokesperson. 

"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 department said in a statement. "We expect our personnel to make appropriate decisions that maintain the public's trust while serving our community with professionalism and respect."

The violent encounter happened on June 24, when deputies were called to the store, located in the 700 block of W. Avenue K-4, after reports of an in-progress robbery involving two customers who were assaulting loss prevention workers, according to LASD Sheriff Robert Luna, who was speaking at a press conference at the time.

When deputies arrived, they found a man and woman who matched the description of one of the suspects provided by store employees. A deputy quickly detained a man while another turned his attention to a woman recording the arrest with her cell phone.

The woman, only identified by the DOJ as J.H., told them that the video was being live-streamed online and that they were legally obligated to tell the man why he was being detained. 

"The indictment alleges that Kirk then approached J.H. and, without giving any commands, attempted to grab her phone," the DOJ release 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."

The deputy then placed his knee on the woman's shoulder, prompting her to yell, demanding he stop. After calling the deputy 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 federal prosecutors.

After this, Kirk allegedly pressed his knee into the woman's neck, which led her to tell him that she couldn't breathe. Despite her protest, the release noted that Kirk used his LASD radio to report that he was involved in a fight.

Kirk then used pepper spray on the woman's face twice, according to the DOJ. 

The woman was treated for the pepper spray that was used on her as well as injuries she suffered when she was thrown to the ground, the DOJ said. 

"I still believe that my client used reasonable force and look forward to defending him in this criminal case," Kirk's lawyer Tom Yu said. 

According to the indictment, Kirk also allegedly drafted and submitted a misleading report on the incident, where he wrote that J.H. was a threat to his physical safety, claimed that she assaulted him, attempted to hit him and "took a 'fighting' or 'blading' stance."

Sheriff Luna called the incident "disturbing" during a press conference in July last year, when cell phone video of the arrest started to garner national attention, inciting outrage from thousands and sparking protests outside of the WinCo store. 

Both the DOJ and LASD launched investigations at the time. 

"When an officer violates the civil rights of another person, it undermines public safety for all of us," said United States Attorney Martin Estrada. "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."