A federal grand jury has returned an indictment against Trevor James Kirk, of Santa Clarita, a Los Angeles County Sheriff’s Department deputy alleging that he used excessive force when he assaulted and pepper-sprayed a woman during a shoplifting investigation outside a WinCo Foods in Lancaster last year.

Kirk, 31, is charged in a single-count indictment with deprivation of rights under color of law for the force he used during one of his shifts as a sheriff’s deputy in June 2023. Kirk caused injuries to, and used pepper spray on, the victim identified only as “J.H.”

Kirk will be arraigned on the charge in United States District Court in downtown Los Angeles later this month.

“When an officer violates the civil rights of another person, it undermines public safety for all of us,” said United States Attorney Martin Estrada. “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.”

“All law enforcement personnel who take an oath to protect and serve the American people must be held to a higher standard,” said Akil Davis, Assistant Director in Charge of the FBI Los Angeles Field Office. “The FBI remains committed to holding those who do not meet this standard accountable for their actions.”

According to the indictment, Kirk and another deputy were responding to a possible robbery at the WinCo by a male and female suspect. Kirk and the other deputy arrived on scene and handcuffed and detained a man matching the description of the male suspect, while a female, J.H., who matched the description of the female suspect, videotaped the deputies. While videotaping, J.H. told Kirk that he had a legal obligation to inform D.B. of the basis for his detention and that she was broadcasting his actions on social media.

The indictment alleges that Kirk then approached J.H. and, without giving any commands, attempted to grab her phone. 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 yelled at J.H. to “get on the ground,” and she told him that “It’s already on YouTube Life,” implying her video of Kirk and the other deputy handcuffing D.B. had already been made public.

Kirk then placed his knee on J.H.’s shoulder and when J.H. yelled for Kirk to “stop” and called him an expletive, Kirk cocked his right arm back with a clenched fist and said, “Stop or you’re gonna get punched in the face.” 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.” While on top of J.H., the indictment alleges that Kirk used his LASD radio to misleading report that he was in a “fight.”

The indictment further alleges that shortly thereafter, without giving any additional commands to J.H., Kirk sprayed her twice in the face with pepper spray. J.H. received medical attention for the pepper spray used on her and the injuries she received from being thrown to the ground.

The indictment also alleges that Kirk then drafted and submitted a misleading report to LASD in which 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.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty beyond a reasonable doubt in court.

If convicted, Kirk would face a statutory maximum sentence of 10 years in federal prison.

The FBI is investigating this matter.

Assistant United States Attorney Eli A. Alcaraz of the Public Corruption and Civil Rights Section is prosecuting this case.