A Santa Clarita man’s bid to stay out of federal custody pending his appeal was dealt a blow Monday in Downtown Los Angeles.
Judge Stephen Willson denied a motion on behalf of Trevor Kirk, 32, who was seeking to remain free on bond while the Ninth Circuit Court of Appeals considers the merits of his appeal.
A jury convicted Kirk in February of a felony charge of deprivation of rights under the color of law for his use of force as a Lancaster Sheriff’s Station deputy responding to a report of a strong-arm robbery at a WinCo grocery store.
A rare post-conviction deal offered by the U.S. Attorney’s Office sought to knock the charge down to a misdemeanor with probation offered.
Wilson rejected the deal, but reduced the charge to a misdemeanor, and then sentenced Kirk on June 2 to four months in “the custody of the Bureau of Prisons,” plus one year of probation.
Wilson gave Kirk until Aug. 28 to surrender, but Kirk’s attorney, Tom Yu, said previously he had requested the bond hearing because otherwise the appeal of the case would take longer than Kirk’s sentence.
Wilson “denied the motion for bail pending an appeal,” according to Edward Robinson, another attorney for Kirk, in a phone conversation Monday.
“We may appeal,” Robinson said. “There’s an order to appear in August, and we may appeal it. We’ve got some things to think about before we do.”
According to the motion filed July 7 by Yu, Brian Robinson and Ed Robinson, Assistant U.S. Attorney Rob Keenan indicated he was not opposing the motion for bail pending appeal.
Their motion argued their appeal was not for the purpose of a delay, raised substantial questions and represented no risk to the public.
While statements from L.A. County Sheriff’s Department records indicate Kirk is still considered an employee of the LASD, he has not been on active duty since the investigation into the incident. Court records indicate recently he has been working outside of law enforcement in the Conejo Valley.
