LASD Deputy Convicted of Excessive Force Using Pepper Spray – Federal Decision Sets a Dangerous Precedent for Law Enforcement Nationwide

In a landmark verdict on Thursday, February 6, 2025, a federal jury convicted a Los Angeles County Sheriff’s Deputy of using excessive force, marking a pivotal moment in the ongoing national debate over law enforcement accountability.

Trevor James Kirk, 32, was found guilty of one felony count of deprivation of rights under color of law, a charge carrying a maximum sentence of 10 years in federal prison. Sentencing is scheduled for April 21.

Former Sheriff Alex Villanueva, present in the courtroom when the verdict was read, provided an exclusive statement to The Current Report:

“This federal prosecution of a Category 1 Use of Force, the lowest grade, is unprecedented. Declaring pepper spray a dangerous weapon is also unprecedented and could have major implications on the use of less-than-lethal weapons, training, and related policies. It also emboldens the criminal community to resist lawful detentions while limiting law enforcement’s ability to control violent suspects safely. The chilling effect on deputies unwilling to engage resisting suspects will breed hesitation and increase the potential for injury on all sides.”

The guilty verdict has sent shockwaves through the Los Angeles County Sheriff’s Department. There is growing concern that the verdict could set a dangerous precedent for law enforcement, potentially undermining lawful detentions and arrests where the use of force is necessary.

Sources within LASD indicate that, in response to the department’s role in the case, deputies are resigning, transferring to other agencies, or retiring at an unprecedented rate. Insiders predict that within two months, the department may lose hundreds of sworn personnel unwilling to be what they see as scapegoats for a shifting justice system.

Despite the national red wave that reshaped the White House, Los Angeles remains politically divided. Critics argue that failed leadership has already led to catastrophic mismanagement, citing disasters like the Palisades and Eaton Fires. Now, with Sheriff Robert Luna’s decision to refer Kirk’s case to federal prosecutors last fall, many in law enforcement see this conviction as a final blow.

For the residents of Los Angeles County, who have endured widespread loss in recent months, this moment signifies more than just a legal ruling—it raises questions about the future of policing in the nation’s largest sheriff’s department, now seemingly on life support.

The Ultimate Brass Betrayal

On June 24, 2023, Los Angeles County Sheriff’s deputies responded to reports of a 211N, LASD radio code for “robbery in progress” at a WinCo Foods supermarket in Lancaster.

Upon arrival, Deputy Trevor Kirk confronted a suspect and was assaulted. Body cam footage shows Kirk pushing the suspect to the ground – a response that, under department policy, is considered a reasonable and justified use of force given the circumstances.

Deputy Kirk’s attorney Tom Yu gave this exclusive quote to The Current Report:

“I represent Deputy Trevor Kirk, from the Lancaster Sheriff’s station, he is a male, white deputy sheriff, an army veteran and he was involved in a Use of Force incident at the WinCo store. Looking at the video and the actions he took was justified under the law and within department policy. I don’t think there is one Use of Force expert that would say deputy Kirk did something excessive or unwarranted under the circumstances. In light of what he did was justified, he is still being crucified and labeled a racist for using excessive force because the suspect was a black female. If the suspect was any other race we wouldn’t be talking about it. In this country we have a problem talking about race and my client’s race is being used against him even though there is video evidence the suspect committed assault, not only on the security officer, but also on Deputy Kirk. The Sheriff’s department was in possession of the video and decided to conceal that from the public making it look worse for my client.”

Following the incident, Kirk was immediately relieved of duty pending an internal investigation. However, sources within LASD allege that rather than allowing due process to take its course, Sheriff Robert Luna and then-Chief Dennis Kneer, anticipating that the investigation would likely deem Kirk’s actions lawful, succumbed to pressure from local activists and escalated the case to the federal level. This decision sounded alarm bells raising serious concerns about political influence over law enforcement procedures.

The handling of Kirk’s case has sparked controversy within LASD, with critics arguing that department leadership has repeatedly prioritized external pressures over established investigative protocols since Luna took office in 2022.

As the fallout continues, this case underscores ongoing tensions between law enforcement and political leadership in Los Angeles County.

A Legacy of LUNA-CY

In 2022, Robert Luna was elected as the 34th Sheriff of Los Angeles County, taking over the nation’s largest sheriff’s department despite having no prior experience within LASD. His law enforcement background was limited to the Long Beach Police Department, which serves a population comparable to just two or three of LASD’s patrol station jurisdictions.

As Chief of the Long Beach Police Department, Luna earned the nickname “Bunker Bob” for his absence of leadership and mismanagement during the George Floyd protests and riots. While Long Beach descended into chaos, it was then-Sheriff Alex Villanueva who, upon seeing the unrest unfold on the news, deployed with 50 LASD deputies to restore order in the city.

Luna’s election was widely criticized, with opponents arguing that his leadership record failed to meet the demands of the job, particularly as L.A. County faced rising crime and internal instability within LASD. Many pointed to the impact of pro-criminal policies implemented by Soros-backed District Attorney George Gascón, which have further strained law enforcement efforts.

With no firsthand knowledge of LASD’s complex operations, Luna initially leaned heavily on an executive staff largely composed of holdovers from the Villanueva administration, some of whom actively sabotaged his administration to benefit Luna’s campaign.

Rather than addressing urgent crime and staffing shortages, Luna spent his early months in office prioritizing the so-called “station tattoo” witch hunt—a politically charged effort driven by the Civilian Oversight Commission, the Office of Constitutional Policing, and the Los Angeles County Board of Supervisors. Critics argue that this focus diverted attention away from the real issues plaguing LASD, further weakening the department at a time when strong leadership was needed most.

Activists Dictate Action

Six months into his term, Antelope Valley activists, held a press conference demanding action from the Sheriff Luna and the department to be in compliance of the 2015 AV Consent Decree,  when in fact the station has been at 93% compliance since 2019.  The backlash from activists resulted in the removal of the station Captain, John Lecrivain. A few weeks later, the WinCo incident occurred.

Sources believe that the WinCo incident prompted a mining of old Use of Forces cases for political gain.

On July 12th, 2023, one day before the statute of limitations ran out, Sheriff Luna announced the reopening of a Palmdale Use of Force case.

A approximately midnight on July 14th, 2022, , Palmdale station deputies conducted a traffic stop on a vehicle driving without headlights and discovered three infants being held without car seats. During the arrest, a deputy punched a woman who was using an infant as a human shield and was in danger of suffocation and suffering broken bones. Luna purposely excluded the body cam footage to provide context of why the force was necessary.

Sheriff Robert Luna later deemed this use of force unacceptable and referred the case to both the District Attorney’s Office and the FBI for further investigation. The case was never pursued by federal prosecutors.

Following these incidents, a troubling pattern emerged under Luna’s leadership, with the department revisiting older use-of-force cases – primarily those involving white deputies and African American individuals. This raised concerns about potential racial bias in disciplinary actions and the targeting of deputies to appease activists, regardless of whether the use of force complied with department policy.

As a result, a series of “Just a Deputy” letters started circulating on social media and making headlines in the news expressing deep concerns over leadership decisions, working conditions, and perceived leniency toward criminals due to pressure from local activists.

The letters highlighted the facts in the Use of Force incidents that were being kept from the public, and the truth behind how the department is operating with an unapologetic willingness to make examples of patrol deputies. The prosecute first, investigate later” approach was implemented to placate the political opposition and area activists whose sole motivation is to abolish and/or have complete control over law enforcement.

Sources indicate that Chief Dennis Kneer played a pivotal role in reopening previously closed use-of-force cases to align with Sheriff Robert Luna’s directives and address concerns from activists.

However, following negative media coverage surrounding high-profile incidents in the Antelope Valley, Kneer was transferred to East Patrol after serving as North Division Patrol Chief since 2019.

In a more overt action that ampified Luna’s priorities when it comes to appeasing activists, Sheriff Luna met behind closed doors with civil attorney Brad Gage, Black Lives Matter and Cancel the Contract activists to discuss protected information in an on-going administrative investigation, and the personnel status of one of his deputies.

Sheriff Luna was not alone, he was surrounded by members of his executive staff who pandered to these activists, empowering them with privileged internal information to use against one of their own deputies publicly.

Shortly after the meeting, Gage and the activists, armed with this confidential information, held a press conference announcing that Lancaster deputy Ty Shelton was fired in connection with the lawful shooting that occurred in December 2023.

After confirming the information was falsely reported and that Shelton was in fact still employed by the department, The Current Report and retired Captain Mike Bornman took to social media demanding Fox 11 news retract their story claiming Shelton was terminated and that it was connected to the shooting.

A Disgrace to His Deputies

On September 16, 2023, tragedy struck the Los Angeles County Sheriff’s Department when a deputy was executed outside the Palmdale Station. This shocking act marked a new low for public safety in Los Angeles County.

Kevin Cataneo Salazar, 27, pulled up to Deputy Ryan Clinkunbroomer’s marked patrol car as he waited at a stoplight and fatally shot him in what appeared to be a targeted, premeditated attack on law enforcement. The brazen murder sent shockwaves throughout the nation.

To further heighten those fears, Sheriff Robert Luna—the man responsible for the safety of over 10 million residents – refused to take responsibility for ensuring the full prosecution of his own deputy’s murder.

At a press conference on September 18, 2023, just 36 hours after Deputy Ryan Clinkunbroomer’s murder and shortly after the suspect’s arrest, Sheriff Robert Luna made his expectations clear regarding the punishment for the killing of his deputy:

“We are devastated by the brutal murder of Deputy Ryan Clinkunbroomer and share in the grief with his family, partners, and community as we try to grapple with this tragedy,” Luna said. **“This ambush attack was absolutely unacceptable—an attack on law enforcement as a whole. Deputy Clinkunbroomer was in uniform, stopped at a red light in his patrol vehicle, just as thousands of other law enforcement officers and deputies do every day, when he tragically lost his life while serving his community.

Our detectives and personnel worked relentlessly for 36 hours to locate and arrest the suspect responsible for Ryan’s murder, and we support the charges filed today. We expect the maximum punishment available under the law for the murder of Deputy Ryan Clinkunbroomer.”

Read that last sentence again.

“We expect the maximum punishment available under the law for the murder of Deputy Ryan Clinkunbroomer.”

Over the course of the first year of his term, Sheriff Robert Luna had steadily eroded trust within both the Los Angeles County Sheriff’s Department and the broader community, particularly among those concerned with public safety and the ongoing loss of law enforcement personnel in a defund-the-police climate.

However, in the immediate aftermath of Deputy Ryan Clinkunbroomer’s murder, Luna assured the public that the case against Kevin Cataneo Salazar would be “meticulously presented to the Los Angeles County District Attorney’s Office for filing considerations, underscoring our unwavering commitment to pursuing justice to the fullest extent of the law.”

For a brief moment, there was hope that Luna would stand up for his deputies – especially for his fallen deputy, his grieving family, and his fellow partners. That hope quickly vanished.

On September 20th, 2023, District Attorney George Gascón announced he would seek the “maximum penalty allowable under the law” for Salazar, a statement that initially appeared to align with Luna’s expectations.

Or so it seemed.

Somewhere along the way, there was a serious breakdown in communication – not between Luna and Gascón, but between them and Clinkunbroomer’s family. What Luna and Gascón considered to be the “maximum penalty” was starkly different from what is clearly outlined in California law – specifically, the special circumstances statute involving lying in wait and the execution of a peace officer.

At a press conference at the Hall of Justice on September 20th, 2023, Gascón, standing before Clinkunbroomer’s grieving family, fiancée, and fellow deputies, unapologetically refused to apply Penal Code 187 PC – first-degree murder with special circumstances.

“If I thought that seeking the death penalty was going to bring Ryan back to us, I would seek it without any reservation,” Gascón stated. “But it won’t.”

This statement reaffirmed what many already knew: Gascón will never pursue the death penalty, no matter how heinous the crime.

Luna, standing beside him, appeared unsurprised—and entirely unfazed—by Gascón’s refusal to seek the ultimate punishment.

Clinkunbroomer’s mother, Kim, was blindsided by Gascón’s refusal to seek the death penalty—having received no prior notice from Luna, the Los Angeles County Sheriff’s Department, or the District Attorney’s Office. Outraged, she took her fury to national news.

“How dare you, on national TV, tell me you’re not seeking the death penalty because it won’t bring my son back? My son’s not coming back, but that doesn’t mean you shouldn’t do your job,” she said.

Many in Los Angeles County have grown accustomed to Gascón’s tone-deaf behavior, gaslighting, and dismissive treatment of victims. Whether belittling grieving families at press conferences or deflecting from the catastrophic rise in crime—fueled by his own policies, which have driven hundreds of thousands to flee the county—his actions have repeatedly demonstrated a disregard for public safety.

What residents are not accustomed to, however, is the leader of the nation’s largest sheriff’s department standing idly by while the District Attorney diminishes the value of a murdered deputy. As Gascón refused to seek the maximum penalty allowed by law—despite Luna’s own public assurances that justice would be pursued to the fullest extent—the sheriff remained silent. In doing so, he failed not only his fallen deputy but also the family and colleagues who fought to save his life in his final moments.

A video obtained by The Current Report and later uploaded to the LA County District Attorney’s Office social media reveals the true foundation of Luna’s relationship with Gascón. In the footage, Luna openly acknowledges their longstanding mentorship—raising further concerns about the potential for public safety to reach catastrophic levels under their leadership and their ongoing collaboration with other county officials.

Unbeknownst to voters, Sheriff Robert Luna had a 20-year mentor-mentee relationship with District Attorney George Gascón.

An undisclosed connection that many believe could have changed the trajectory of the 2022 election – and the future of the Los Angeles County Sheriff’s Department – had this information been disclosed.

A Future Defined by Fear

The immediate fallout from this verdict is a mass exodus of personnel from the department. Those who remain in the LASD will be left virtually powerless to protect citizens from violent criminals.

The day after the verdict, as deputies reported for duty, they were met with a stark warning—taped to a red crate—a message declaring that law enforcement had just entered a new era in LA County.

The message read:

TURN IN YOUR PEPPER SPRAY

“The US Department of Justice convinced a jury to rule that pepper spray is a deadly weapon and used that premise to convict Trevor Kirk for assault under the color of authority.

Unless you want to be convicted too, submit to their infinite wisdom and turn in this horrible tool of violence against violent criminals who resist arrest.

Your partner has been sacrificed on the altar of social justice to teach us all that none of us are safe from our department when you do not look pretty on You Tube.

You have been warned.”

“These are indeed dark times, particularly for Trevor and his family. This generation of LASD deputies has been suffering for some time now. Personally, I see it as a time for solidarity and staying the course. Quitting is admitting defeat. If we don’t stand up to these injustices who will?” said retired Captain Mike Bornman.

While much of the country is experiencing a restoration of law and order under President Trump’s new administration, some branches of government have yet to face the shakeup—changes that could have significantly impacted the outcome of Kirk’s trial.

Unfortunately, the trickle down effect has also not been felt by LA County leaders. The optics and protecting criminals are still of primary concern for Sheriff Robert Luna and the LA County Board of Supervisors as their decisions have now driven the final nail into the coffin.

RIP public safety.