A Valencia man received a four-month prison sentence Monday in response to his federal conviction for using excessive force as a sheriff’s deputy responding to theft reported at a Lancaster grocery store.
Trevor Kirk, 31, was facing sentencing for a misdemeanor charge thanks to a last-minute deal negotiated between the U.S. Attorney’s Office and Kirk’s lawyer, Tom Yu. Kirk’s sentence also included one year of probation. The potential fines were waived.
Yu said Monday he plans to file an appeal of the sentence as soon as the proceeding is officially over at the end of this week.
“Obviously, I respect the judge’s ruling,” Yu said Monday. “However, we will be filing a notice of appeal immediately, to appeal the motion that was denied for Trevor Kirk’s acquittal under the Rule 29 of the federal rules of criminal procedure.” That law allows the court to “consider whether the evidence is insufficient to sustain a conviction.”
The federal government initially charged Kirk with a felony count of deprivation of rights under the color of law for his physical confrontation with Jacy Houseton in June 2023.
A jury agreed with the federal government’s complaint, that Kirk used excessive force and misleadingly broadcast that he was in a fight with Houseton, in convicting him of a felony charge in February that could have resulted in a seven-plus-year sentence.
After Bill Essayli was named head of prosecution for the Central District of California in April, the government began to make several post-conviction filings that completely changed its case.
The government initially filed an argument claiming the U.S. Probation Office was “patently unjust” based on circumstances that were not brought forth or were presented in a misleading manner during the trial.
The government’s post-trial deal that sought to dismiss the felony conviction and lessen the eligible charge for sentencing claimed Houseton was physical with Kirk and also did not sustain injuries.
Judge Stephen V. Wilson ruled that he did not have the authority to set aside the conviction but he agreed to lessening the sentencing charge to a misdemeanor in light of the government’s new claims.
Houseton’s counsel argued there was “not one shred of good cause” to set aside the conviction, and protesters of the prosecution’s agreement, including a group called Cancel the Contract Antelope Valley, called it a “racist, sweetheart deal” during a courthouse protest last month.
Reaction
The politics of the case have been assailed by all sides and left the sheriff in a difficult position last month.
Sheriff Robert Luna issued a statement of support for Kirk, blaming the incident on his predecessors and the department’s failure to address problems with how the LASD polices the Antelope Valley. The area was subject to an agreement entered into between the LASD and the federal government more than eight years ago over alleged civil rights violations.
A deputy union supported by Luna’s rival, former Sheriff Alex Villanueva, issued a statement calling Monday’s sentence “unjust.”
“Deputy Trevor Kirk responded to a dangerous and rapidly evolving situation involving a robbery suspect who had just violently assaulted employees inside a WinCo store and refused to comply with lawful commands. Instead of supporting law enforcement’s efforts to protect the public, radical political activists seized the opportunity to exploit the incident, turning a justified use of force into a stage for political theater,” according to a statement issued by Deputy Nick Wilson, a Los Angeles Sheriff’s Professional Association spokesman. “The suspect not only escaped criminal accountability but was awarded a multimillion-dollar taxpayer-funded settlement. That is not justice.”
Responding to questions and concerns about the use-of-force numbers in Lancaster, which are nearly twice as high as the Santa Clarita Valley figures, department officials issued a lengthy response saying there are “several factors that may contribute to this elevated rate.”
Department officials said the volume of calls contributed to the higher rate, and also that mental health issues played a role in many of the calls.
SCV deputies used force at a rate of 3.49 incidents per 100 arrests, whereas Lancaster averages 9.84, as of February.
“In 2024, the (Lancaster) station responded to nearly 82,000 calls for service, approximately one-third more than neighboring Palmdale Station,” according to the statement from the department, emailed by Nicole Nishida, LASD director of communications. “Notably, over 46 % of use of force incidents involved individuals suffering from mental illness or under the influence, which increases the likelihood that force may be required during law enforcement encounters.”
Nishida also cited progress in last year’s figures, which represented the reversal of a yearslong trend.
“In a significant development, total uses of force decreased in 2024 for the first time in over nine years, reflecting a 28.5% reduction compared to 2023,” she wrote, adding “approximately 58% were classified as Non-Categorized Force Incidents, which result in no injury or complaint of pain.”
