LOS ANGELES
“When an officer violates the civil rights of another person, it undermines public safety for all of us,” said U.S. 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.”
The indictment states that Kirk and another deputy were responding to a possible robbery at WinCo involving a male and female suspect.
They detained a man who matched the male suspect’s description, while a woman, J.H., who matched the female suspect’s description, filmed the deputies, according to officials.
While recording, J.H. told Kirk he was required to inform D.B. of the reason for his detention and that she was live-streaming the incident on social media.
The indictment claims that Kirk approached J.H. without issuing any commands and tried to grab her phone. When J.H. turned away, Kirk allegedly grabbed her arm, hooked his hand behind her neck, and forcefully threw her to the ground.
While she was on the ground, Kirk shouted for her to “get on the ground,” and J.H. responded, saying her video was already live on YouTube.
Kirk then placed his knee on her shoulder, and when J.H. yelled for him to stop and called him an expletive, he allegedly pulled back his fist and threatened, “Stop, or you’re gonna get punched in the face.” He then pressed his knee into her neck, and J.H. pleaded, “I can’t breathe.”
While on top of her, Kirk allegedly used his radio to falsely report that he was involved in a “fight.”
The indictment also claims that Kirk, without giving further commands, sprayed J.H. twice in the face with pepper spray. She later received medical treatment for both the pepper spray and the injuries from being thrown to the ground. Additionally, the indictment alleges that Kirk submitted a misleading report to the LASD, falsely describing J.H. as a threat to his safety, accusing her of assaulting him, attempting to hit him, and taking a “fighting” stance.
Defendants are presumed innocent unless proven guilty.
If convicted, Kirk faces up to 10 years in federal prison.
The FBI is investigating this matter.
Assistant U.S. Attorney Eli A. Alcaraz of the Public Corruption and Civil Rights Section is prosecuting this case.