Introduction to the Resignations
Several federal prosecutors — including the chief of the Public Corruption and Civil Rights Section — have submitted their resignations following a plea deal offered by the new U.S. attorney in Los Angeles to a sheriff’s deputy who had already been found guilty of using excessive force.
The Case Against Trevor Kirk
Two sources confirmed to The Times that Assistant U.S. Attorneys Eli A. Alcaraz, Brian R. Faerstein and section chief Cassie Palmer resigned from the office over a “post-trial” plea agreement filed Thursday in the case of Trevor Kirk, an L.A. County sheriff’s deputy who was convicted of a felony for assaulting and pepper-spraying a woman outside Lancaster supermarket. Kirk, who has been “relieved of duty” by the Sheriff’s Department, was found guilty in February of one felony count of deprivation of rights under color of law and faced up to 10 years in prison.
Details of the Plea Deal
Under the plea deal filed Thursday, which still requires approval from a judge, Kirk would serve a maximum of one year in prison. The government agreed to recommend a year of probation. In June 2023, Kirk was responding to a reported robbery when he threw a woman to the ground and pepper sprayed her in the face while she filmed him outside a Lancaster WinCo. While the woman matched the description of a female suspect Kirk had received from a dispatcher, she was not armed or committing a crime at the time he first confronted her, court records show.
Reactions to the Plea Deal
Alcaraz, Palmer, Faerstein and another prosecutor, Michael J. Morse, all withdrew from the case on Friday, according to court filings. The only assistant U.S. attorney who signed off on the plea agreement, Robert J. Keenan, was not previously involved in the case. Bill Essayli, appointed U.S. attorney for Los Angeles last month by President Trump, is also listed on the agreement. Kirk’s attorney, Tom Yu, declined to comment Friday evening. Previously, he described Kirk as a “hero, not a criminal” and said video showed he acted within the law to “detain a combative robbery suspect.”
Unorthodox Nature of the Plea Deal
Essayli’s move to offer a misdemeanor plea to a defendant who had already been convicted was extremely unorthodox, according to Carley Palmer, a former supervisor in the federal prosecutor’s office in Los Angeles who is now a partner at Halpern May Ybarra Gelberg LLP. “It’s not unprecedented, but it is extraordinary, to try to have a jury verdict withdrawn and replaced by a plea agreement to a lesser crime. The government invests extraordinary resources to take a case like that to trial,” she said.
Potential Consequences of the Plea Deal
If the plea is approved by the judge, according to the agreement, the U.S. attorney’s office would “move to strike” the jury’s finding that Kirk injured the victim. Under the new agreement, Kirk would plead guilty to a lesser-included misdemeanor violation of deprivation of rights under color of law. Attorney Caree Harper, who is representing the woman in a civil suit that reached a settlement earlier this year, said the new plea deal is “changing the facts” and is not supported by video footage of the incident.
Reaction from Civil Rights Groups
Harper noted that downgrading Kirk’s charge from a felony could allow him to continue working as a law enforcement officer. He will also retain his right to own a firearm without a felony conviction. “He definitely should not be able to wear a badge again, anywhere in any state,” she said. According to Robert Bonner, a former federal judge who now chairs the county’s Civilian Oversight Commission, a post-conviction plea deal is an extreme rarity.
Conclusion
The wave of resignations comes amid other recent controversy in the federal prosecutor’s office. In March, a White House official fired Adam Schleifer as an assistant U.S. attorney, in a one-line email informing him that the dismissal was “on behalf of President Donald J. Trump.” The turmoil in the L.A. federal prosecutor’s office follows mass resignations in the U.S. attorney’s office in Manhattan earlier this year, when several prosecutors stepped down after Trump administration appointees pushed to drop corruption charges against New York City Mayor Eric Adams.
FAQs
- What led to the resignation of several federal prosecutors in Los Angeles?
The resignation of several federal prosecutors in Los Angeles was due to a plea deal offered by the new U.S. attorney to a sheriff’s deputy who had already been found guilty of using excessive force. - What were the terms of the plea deal?
The plea deal would allow the deputy, Trevor Kirk, to serve a maximum of one year in prison and recommend a year of probation. - Why was the plea deal considered unorthodox?
The plea deal was considered unorthodox because it was offered after the deputy had already been convicted, and it reduced the charge from a felony to a misdemeanor. - What are the potential consequences of the plea deal?
If the plea deal is approved, Kirk may be able to continue working as a law enforcement officer and retain his right to own a firearm. - How have civil rights groups reacted to the plea deal?
Civil rights groups have expressed outrage over the plea deal, stating that it is not supported by video footage of the incident and that Kirk should not be allowed to continue working as a law enforcement officer.
