L.A. County deputy faces federal charge for controversial arrest at Lancaster WinCo

A former Los Angeles County Sheriff’s deputy has been federally charged with using excessive force during a 2023 shoplifting investigation in Lancaster.

Trevor James Kirk, 31, of Santa Clarita, has been charged with deprivation of rights under color of law after the June 24, 2023, confrontation at WinCo Foods, 740 W. Ave. K 4.

That day, when investigating a report of shoplifting by a man and woman that turned into a physical altercation, Kirk “used excessive force when he assaulted and pepper-sprayed a woman,” the U.S. Department of Justice said in a news release.

While detaining the man, Kirk and a partner were filmed by the woman, identified by the DOJ as J.H.

J.H. told the deputies that her video was being livestreamed online and that the deputies were legally required to tell the man for what he was being detained.

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

While on the ground, Kirk put his knee on J.H.’s shoulder. When the woman yelled “stop” at Kirk and called him an obscenity, he “cocked his right arm back with a clenched fist and said, ‘Stop or you’re gonna get punched in the face,’” the DOJ said.

“Kirk then allegedly pressed his knee into J.H.’s neck, and she said, ‘Get your neck [sic] off my . . . off my . . . I can’t breathe,’” the release added. “While on top of J.H., the indictment alleges that Kirk used his LASD radio to misleading report that he was in a ‘fight.’”

Kirk also allegedly pepper sprayed J.H. in the face twice while she was detained, despite Kirk’s official LASD report that prosecutors called “misleading,” adding that he “he portrayed J.H. as a threat to his physical safety, claiming that J.H. assaulted him, attempted to hit him, and took a ‘fighting’ or ‘blading’ stance.”

A video of the leadup to the conflict was released in the weeks following, and though Kirk’s attorney has called the deputy’s actions “completely justified,” citing the video as evidence, L.A. County Sheriff Robert Luna was not as supportive.

“It’s disturbing,” Luna said at a press conference following the video’s release. “There are no ifs, ands, or buts about it.”

U.S. Attorney Martin Estrada said in the DOJ’s news release that “when an officer violates the civil rights of another person, it undermines public safety for all of us.”

“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,” Estrada said.

If convicted, Kirk faces a maximum sentence of 10 years in federal prison.