A federal jury swiftly convicted a Los Angeles County Sheriff’s deputy of excessive force after he assaulted and pepper-sprayed a woman outside a supermarket in Lancaster, a case that has drawn significant attention in 2023.
The trial, which lasted three days in February, culminated in a verdict reached by jurors in just one hour. Deputy Trevor Kirk was found guilty of excessive force for a felony count of deprivation of rights under the color of law. He initially faced a potential prison sentence of up to 10 years for the felony.
However, U.S. District Judge Stephen V. Wilson sentenced Kirk to only four months in prison on Monday, following a decision to dismiss the felony charge shortly before sentencing. This dismissal altered the maximum possible sentence Kirk could face to one year.
Before the sentencing, the government proposed a recommendation of probation, alongside three months of home detention and 200 hours of community service. Meanwhile, Kirk’s defense team requested a lesser term of two months of home confinement and 300 hours of community service.
Addressing the court after the sentencing, Judge Wilson expressed strong support for the jury’s verdict and emphasized that although law enforcement officers have a challenging duty, they must act responsibly and appropriately.
Kirk did not provide a statement during the hearing, but his attorney, Tom Yu, announced plans to appeal Wilson’s earlier rejection of their acquittal motion. This case controversy intensified after the federal government decided to withdraw the conviction and offered Kirk a misdemeanor plea deal even after the jury’s decision, sparking significant criticism and concern over prosecutorial ethics.
The decision to downgrade Kirk’s conviction to a misdemeanor occurred amidst an environment marked by political influences, particularly relating to the Trump administration’s approach toward law enforcement and justice.
In September 2022, a federal jury indicted Kirk following an incident in which he responded to a robbery report. He confronted a woman, Jacy Houseton, who was filming the encounter outside a WinCo supermarket. Despite her matching a suspect’s description, Houseton was found to be unarmed and not committing any crime when Kirk assaulted her, throwing her to the ground and pepper-spraying her face.
Before going to trial, the government attempted to negotiate a plea agreement that would allow Kirk to plead guilty to a misdemeanor charge. However, Kirk opted to pursue a jury trial, ultimately resulting in his conviction.
Discontent regarding the case emerged long before the trial began. Nick Wilson, founder of a first-responder advocacy group, reached out to Trump urging intervention, stating that the case was not just about one deputy but rather a matter of national law enforcement integrity.
During opening statements of the trial, Assistant U.S. Attorney Brian R. Faerstein accused Kirk of using “excessive force” against Houseton and called for accountability for abuses from law enforcement. In defense, Kirk’s attorney argued that the deputy acted within his training protocols to manage a resistant suspect.
After the jury rendered its guilty verdict, Bill Essayli, a newly appointed U.S. Attorney for Los Angeles and a strong Trump ally, became a prominent figure in the aftermath. Shortly after taking office, Essayli requested a review of the Kirk case, which contributed further to the controversy when prosecutors attempted to pivot toward a plea agreement.
This legal maneuver raised eyebrows, leading to resignations among federal prosecutors engaged in the case. The subsequent plea agreement was signed only by a prosecutor not initially involved in Kirk’s case, showcasing a disruption in the case’s prosecution.
In hearings regarding the dismissal of charges, Wilson rejected requests from the government to postpone sentencing and earlier denied a defense motion for acquittal. He reiterated the jury’s findings that Kirk utilized “objectively unreasonable force” during the altercation.
During the sentencing hearing, the courtroom was packed, with supporters rallying around Kirk, reaffirming their backing for the deputy. The government maintained that a prison term was unwarranted; however, Judge Wilson remarked on the gravity of Kirk’s actions, noting their inexplicability and the necessity for punishment to uphold justice.
Sheriff Robert Luna of Los Angeles County expressed his position that Kirk’s actions stemmed from inadequate training, blaming the Sheriff’s Department for not implementing mandated reforms effectively. Despite the conviction and sentencing, Kirk is still serving as a sheriff’s deputy, awaiting the conclusion of an internal investigation that could lead to his termination.
On August 28, Kirk is scheduled to surrender to begin serving his sentence. Additionally, Caree Harper, representing Houseton, filed a petition with the U.S. 9th Circuit Court of Appeals aimed at vacating the dismissal turning Kirk’s felony conviction into a misdemeanor. The court responded by indicating that they would review the petition, requiring the government to submit an answer shortly following Kirk’s sentencing.
image source from：https://www.latimes.com/california/story/2025-06-02/federal-jury-conviction-unraveled-under-top-prosecutor
