Officer Who Employed Excessive Force Allowed to Plead Guilty to Misdemeanor After Previous Felony Conviction

A Los Angeles sheriff’s deputy, Trevor Kirk, has been sentenced to four months in prison following a misdemeanor conviction for excessive force, despite originally being convicted of a felony by a federal jury. The case received renewed attention when U.S. Attorney Bill Essayli, appointed under President Trump, offered an unusual plea deal to Kirk, allowing him to plead guilty to a lesser charge.

In February, a jury had found Kirk guilty of deprivation of rights under color of law, a felony which could carry a sentence of up to ten years and disqualify law enforcement officials from service. Kirk’s offense occurred in June 2023 when he was recorded tackling and using pepper spray on an older woman filming a police arrest outside a supermarket.

After the conviction, Kirk’s attorney attempted an appeal for acquittal but was denied. Essayli, in a video statement, indicated that Kirk had previously declined a misdemeanor plea under a prior administration but, after thorough reassessment, he decided to re-offer the lesser charge.

The prosecution argued that Kirk’s behavior fell on the lower end of the excessive force spectrum, stating that the woman did not suffer serious bodily injury. The decision to further reduce charges has raised eyebrows among legal experts, who noted that such plea deals are highly unusual and typically require new evidence of innocence.

Critics argue that the modified narrative presented by prosecutors implies justification for Kirk’s actions, something that was not substantiated in trial evidence. The victim’s attorney expressed concerns that this plea agreement sets a troubling precedent for accountability within law enforcement.

Kirk remains employed by the Los Angeles County Sheriff’s Department, albeit relieved of duty pending an internal investigation. This case reflects a broader trend under the Trump administration, which is moving towards less federal oversight in prosecuting police misconduct while reinforcing support for law enforcement officials.

Several prosecutors pulled out of the case after the new plea deal was presented, indicating internal dissent within the office.