The sentencing of a Valencia man convicted by a jury for his response to a Lancaster grocery store incident is set for next month, according to a federal docket posted Thursday through the federal courts’ online system.
Judge Stephen V. Wilson set a hearing date of 11 a.m. June 2 for Deputy Trevor James Kirk, 31, of Valencia, according to the scheduling notice.
A Downtown Los Angeles jury convicted Kirk in February of the deprivation of rights under the color of law for a violent interaction he had with Jacy Houseton, a woman who matched the description he was given for a suspect in the incident at WinCo.
Kirk was working as a Lancaster Sheriff’s Station deputy at the time. He has been relieved of that duty but remains a departmental employee, according to Nicole Nishida, director of communications for the LASD.
Representatives for the Department of Justice have changed their position and statements about the case in the months since the conviction.
A U.S. Probation Office report prepared for the conviction recommended a sentencing guideline of 87 months for Kirk, or just over seven years in prison. Last week, the prosecutors for the Central District of the U.S. Attorney’s Office called the USPO recommendation “patently unjust” in a series of filings that also recommended 12 months of probation for Kirk and asked the court to set aside the jury’s findings.
The DOJ’s February statement following Kirk’s conviction stated that he broadcast a misleading report claiming he was in a fight with the 56-year-old Houseton after he slammed her to the ground and then threatened to punch her in the face.
In subsequent filings from the DOJ asking for leniency for Kirk, prosecutors accuse Houseton of swatting at the deputy with her hands while he was trying to handcuff her. Federal prosecutors now say his actions and statements indicate he was only trying to take her into custody when she resisted.
Houseton reported to the court she suffered a fractured wrist in the incident. She subsequently sued the Sheriff’s Department in a case for which the department has since offered settlement. That settlement is pending approval from the L.A. County Board of Supervisors.
