Officer who used excessive force allowed to plead guilty to misdemeanor after felony conviction

A Los Angeles sheriff's deputy will serve four months in prison on a misdemeanor conviction for using excessive force after the new Trump-appointed U.S. attorney offered an unusual plea deal despite a jury convicting him of a felony.

LOS ANGELES — A Los Angeles sheriff's deputy will serve four months in prison on a misdemeanor conviction for using excessive force after the new Trump-appointed U.S. attorney offered an unusual plea deal despite a jury convicting him of a felony.

The victim's attorney asked a federal appeals court to reinstate the felony conviction, but the court declined to do so on Thursday.

Deputy Trevor Kirk was recorded tackling and pepper-spraying an older woman while she filmed a man being handcuffed outside a supermarket in June 2023. A federal jury in February found Kirk guilty of one felony count of deprivation of rights under color of law, a crime that carries a prison sentence of up to 10 years. Felony convictions also prevent law enforcement officials from continuing to serve or owning a gun.

But when U.S. Attorney Bill Essayli took office a few months later, federal prosecutors offered Kirk a plea deal — a dismissal of the felony if Kirk pleaded guilty to a misdemeanor, and a recommendation of one year of probation. A judge agreed to the lessened charge but sentenced Kirk to four months in prison on Monday.

Essayli said in a video posted online that prosecutors also offered Kirk a misdemeanor plea agreement under the prior administration, which he turned down.