Latest news with #Essayli
Yahoo
28-05-2025
- General
- Yahoo
Federal judge reduces charge against L.A. deputy convicted of excessive force to misdemeanor
A federal judge said Tuesday he will allow prosecutors to downgrade charges against an L.A. County sheriff's deputy — who was already convicted of a felony in an excessive force case this year — but the law enforcement officer could still get prison time. In issuing his decision Tuesday, U.S. District Judge Stephen V. Wilson stymied a highly unusual legal maneuver pushed last month by Bill Essayli, the newly appointed U.S. attorney in Los Angeles. The Trump-appointed prosecutor moved to offer Deputy Trevor Kirk a misdemeanor plea deal just two months after he was convicted of a felony for pepper-spraying and assaulting an unarmed woman while responding to a purported robbery at a Lancaster supermarket in 2023. Essayli's decision to offer Kirk the rare postconviction plea deal played a role in several federal prosecutors resigning their posts this month. While Wilson rejected the controversial maneuver from Essayli — in which Kirk would be sentenced to probation — he did grant the prosecution's motion to lessen the charges against the deputy to a misdemeanor despite the jury conviction. Kirk could still face some jail or prison time when he is sentenced June 2. A spokesperson for the U.S. attorney's office declined to comment. "We're grateful for the motion to be granted and we're going to prepare to make a compelling argument for probation, no jail time, probation," Kirk's defense attorney, Tom Yu, said. Kirk would have been unable to continue a career in law enforcement or own a gun if convicted of a felony. Kirk was convicted in February of one count of deprivation of rights under color of law after he was caught on camera rushing at the victim, Jacey Houseton, hurling her to the ground and then pepper-spraying her in the face while planting a knee on her neck during the 2023 incident. Read more: L.A. federal prosecutors resign over plea deal for convicted sheriff's deputy, sources say Kirk originally faced up to 10 years in prison, but that was upended after the Trump administration appointed Essayli, a former California Assembly member, as U.S. attorney for Los Angeles. Essayli authorized the rare post-trial plea agreement with Kirk. Essayli is a staunch Trump ally and hard-line conservative appointed at a time when the president has sought to weaken the independence of the U.S. Department of Justice. The post-trial plea agreement landed the same week Trump issued an executive order vowing to 'unleash' American law enforcement. Under the agreement authorized by Essayli, Kirk would have served a maximum of one year in prison. The government agreed to recommend a year of probation and moved to strike the jury's finding that Kirk had injured the victim, which made the crime a felony. Wilson found the plea deal to be unnecessary because of the jury verdict, and said a sentence of probation "did not match the facts of this case." "Defendant committed the offense — the willful use of unreasonable force — while acting under color of law as a police officer," Wilson wrote. "Police officers are entrusted with protecting the public, not harming them." Read more: Why Trump's DOJ targeted L.A. County over gun permits — and who might be next Caree Harper, Houseton's attorney, called the ruling "heartbreaking" and "a travesty of justice." "There is no integrity anymore," she said. "For the prosecutor to argue against his own attorneys, they put their blood, sweat and tears into this case ... they got a felony guilty verdict." She also said of Kirk that "Theoretically he can go somewhere and be a cop now again. Outrageous. This is so wrong on so many different levels. This is heartbreakingly wrong." The agreement caused turmoil in the U.S. attorney's office, with Assistant U.S. Attys. Eli A. Alcaraz, Brian R. Faerstein, Michael J. Morse and Cassie Palmer, chief of the Public Corruption and Civil Rights Section, all withdrawing from the case. Rob Keenan, the only assistant U.S. attorney who signed off on the plea agreement, was not previously involved in the case. Alcaraz, Faerstein and Palmer submitted their resignations after the plea agreement offer, sources previously confirmed to The Times. A filing submitted in the case this month also confirmed that Palmer is departing the federal prosecutor's office. The ruling followed a tense hearing last week during which Wilson grilled Keenan, appearing increasingly perplexed at the government's logic in offering Kirk a deal. He questioned whether prosecutors had a 'serious and significant doubt' as to the deputy's guilt and continually pushed Keenan to justify the deal. Keenan claimed the deal was 'a pure exercise of prosecutorial discretion.' In June 2023, Kirk was responding to a reported robbery when he threw Houseton to the ground and pepper-sprayed her in the face while she filmed him outside a Lancaster WinCo. Houseton matched a dispatcher's description of a female suspect, but she was not armed or committing a crime at the time Kirk first confronted her, court records show. 'He kept telling me to stop resisting even though I could not move, and I could not breathe. I thought he was trying to kill me,' Houseton told the court last week. She compared Kirk placing a knee on her neck to the maneuver a white Minneapolis police officer used in 2020 that killed George Floyd, a Black man being arrested on suspicion of trying to pass a counterfeit $20 bill. Read more: How a Mojave Desert footrace became a showcase for L.A. County Sheriff's Dept. turmoil In court, Keenan described Kirk's use of force as excessive, but just 'barely so,' at one point attacking the credibility of the victim in the case, suggesting she exaggerated her injuries in a victim impact statement she made before the court. Wilson did not accept that analysis. 'The jury was completely justified in finding he used excessive force in taking her to the ground and pepper-spraying her,' the judge said. 'Had he ordered her to be handcuffed … that would be a different case." In a sentencing recommendation obtained by The Times, Sheriff Robert Luna asked Wilson to sentence Kirk to probation, blaming his actions that day on poor training, stemming from the fact that the Sheriff's Department had not properly followed reforms ordered by the U.S. Department of Justice's civil rights division. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
28-05-2025
- Politics
- Los Angeles Times
Federal judge reduces charge against L.A. deputy convicted of excessive force to misdemeanor
A federal judge said Tuesday he will allow prosecutors to downgrade charges against an L.A. County sheriff's deputy — who was already convicted of a felony in an excessive force case earlier this year — but the embattled law enforcement officer could still get prison time. In issuing his decision Tuesday, U.S. District Judge Stephen V. Wilson stymied a highly unusual legal maneuver pushed last month by Bill Essayli, the newly appointed U.S. attorney in Los Angeles. The Trump-appointed prosecutor moved to offer Deputy Trevor Kirk a misdemeanor plea deal just two months after he was convicted of a felony for pepper spraying and assaulting an unarmed woman while responding to a purported robbery at a Lancaster supermarket in 2023. Essayli's decision to offer Kirk the rare post-conviction plea deal played a role in several federal prosecutors resigning their posts earlier this month. While Wilson rejected the controversial maneuver from Essayli — in which Kirk would be sentenced to probation — he did grant the prosecution's motion to lessen the charges against the deputy to a misdemeanor, despite the jury conviction. Kirk could still face some jail or prison time when he is sentenced next week. A spokesperson for the U.S. Attorney's Office declined to comment. 'We're grateful for the motion to be granted and we're going to prepare to make a compelling argument for probation, no jail time, probation,' said Kirk's defense attorney, Tom Yu. Kirk would have been unable to continue a career in law enforcement or own a gun if convicted of a felony. ) Kirk was convicted in February of one count of deprivation of rights under color of law after he was caught on camera rushing at the victim, Jacey Houseton, hurling her to the ground and then pepper-spraying her in the face while planting a knee on her neck during the 2023 incident. Kirk originally faced up to 10 years in prison, but that was upended after the Trump administration appointed Essayli, a former California Assembly member, as U.S. attorney for Los Angeles. Essayli authorized the rare post-trial plea agreement with Kirk. Essayli is a staunch Trump ally and hard-line conservative appointed at a time when the president has sought to weaken the independence of the U.S. Department of Justice. The post-trial plea agreement landed the same week Trump issued an executive order vowing to 'unleash' American law enforcement. Under the agreement authorized by Essayli, Kirk would have served a maximum of one year in prison. The government agreed to recommend a year of probation and moved to strike the jury's finding that Kirk had injured the victim, which made the crime a felony. Wilson found the plea deal to be unnecessary because of the jury verdict, and noted a sentence of probation 'did not match the facts of this case.' 'Defendant committed the offense—the willful use of unreasonable force—while acting under color of law as a police officer,' Wilson wrote. 'Police officers are entrusted with protecting the public, not harming them.' The agreement caused turmoil in the U.S. attorney's office, with assistant U.S. attorneys Eli A. Alcaraz, Brian R. Faerstein, Michael J. Morse and Cassie Palmer, chief of the Public Corruption and Civil Rights Section, all withdrawing from the case. Rob Keenan, the only assistant U.S. attorney who signed off on the plea agreement, was not previously involved in the case. Alcaraz, Faerstein and Palmer submitted their resignations after the plea agreement offer, sources previously confirmed to The Times. A filing submitted in the case earlier this month also confirmed that Palmer is departing the federal prosecutor's office. The ruling followed a tense hearing last week during which Wilson grilled Keenan, appearing increasingly perplexed at the government's logic in offering Kirk a deal. He questioned whether prosecutors had a 'serious and significant doubt' as to the deputy's guilt and continually pushed Keenan to justify the deal. Keenan claimed the deal was 'a pure exercise of prosecutorial discretion.' In June 2023, Kirk was responding to a reported robbery when he threw Houseton to the ground and pepper-sprayed her in the face while she filmed him outside a Lancaster WinCo. Houseton matched a dispatcher's description of a female suspect, but she was not armed or committing a crime at the time Kirk first confronted her, court records show. 'He kept telling me to stop resisting even though I could not move, and I could not breathe. I thought he was trying to kill me,' Houseton told the court last week. She compared Kirk placing a knee on her neck to the maneuver a white Minneapolis police officer used in 2020 that killed George Floyd, a Black man being arrested on suspicion of trying to pass a counterfeit $20 bill. In court, Keenan described Kirk's use of force as excessive, but just 'barely so,' at one point attacking the credibility of the victim in the case, suggesting she exaggerated her injuries in a victim impact statement she made before the court. Wilson did not accept that analysis. 'The jury was completely justified in finding he used excessive force in taking her to the ground and pepper-spraying her,' the judge said. 'Had he ordered her to be handcuffed … that would be a different case.' In a sentencing recommendation obtained by The Times, Sheriff Robert Luna asked Wilson to sentence Kirk to probation, blaming his actions that day on poor training, stemming from the fact that the sheriff's department had not properly followed reforms ordered by the U.S. Department of Justice's civil rights division.
Yahoo
26-05-2025
- Politics
- Yahoo
U.S. attorney in LA launches crackdown on sanctuary policies in California jails
The Brief U.S. Attorney Bill Essayli has launched a program called "Operation Guardian Angel" to combat sanctuary city immigration policies. The program allows federal authorities to enter jails across Southern California to make arrests. A spokesperson for Gov. Gavin Newsom says state law already allows this. LOS ANGELES - Newly sworn-in U.S. Attorney Bill Essayli has launched a new program across Southern California to combat sanctuary city immigration policies. Essayli's newly announced "Operation Guardian Angel" allows federal authorities to enter jails across Southern California to make arrests. This operation is intended to "neutralize" sanctuary state laws, his office said. "We have agents working around the clock," Essayli said. "As soon as someone is booked in the county jail, we're able to access their fingerprints." His administration will identify people with criminal records who have been deported and charge them with illegally reentering the United States, a federal crime. "First they're going to come to court, and they're going to be charged and tried on that felony," said Essayli. "They may end up serving many years in federal prison before they're deported. That is what the California politicians are doing to these immigrants. They're subjecting them to more prison time by doing this sanctuary state policy." In an interview Wednesday, Fox 11 asked Essayli if he considers Los Angeles a "sanctuary city". "No," responded Essayli. "It's not a sanctuary." Essayli's operation comes after the LA City Council voted last years to officially become a sanctuary city, preventing city resources from being used to help enforce federal immigration laws. A spokesperson from Gov. Gavin Newsom's office pushed back, saying the governor has previously rejected multiple bills that would have weakened law enforcement's ability to coordinate with ICE. State officials say they already cooperate with federal officials with regard to immigrants who have committed crimes. "State law has explicitly permitted cooperation in these circumstances for many years," said a Newsom spokesperson. Essayli is a former state assemblyman and the son of Lebanese immigrants. He told Fox News he created a group of federal officials to look through databases to identify jailed immigrants who had been deported. Essayli estimates roughly 50 arrests per week through Operation Guardian Angel across his district's seven Southern California counties. "This isn't just some power struggle between the feds and the state, we're actually trying to keep people safe," said Essayli. The Source Information in this story is from an interview with U.S. Attorney Bill Essayli, a statement from Gov. Gavin Newsom's office and previous FOX 11 reports.
Yahoo
25-05-2025
- Politics
- Yahoo
U.S. attorney in L.A. moves to 'neutralize' California's sanctuary rules
The top federal prosecutor in Los Angeles is ratcheting up immigration enforcement in jails as the Trump administration looks for more ways to remove more immigrants from sanctuary cities. U.S. Atty. Bill Essayli announced this week a pilot program dubbed "Operation Guardian Angel" intended to "neutralize" sanctuary state laws. The office identifies individuals with criminal records who have been deported and charges them with illegally reentering the United States, a federal crime. The tactic focuses federal resources at the main place sanctuary rules have impeded the work of immigration agents — county jails and state prisons. "Under the Trump Administration we will not allow sanctuary jurisdictions to stand in the way of keeping the American People safe," Essayli posted on X in announcing the program. State officials say they already cooperate with federal officials in regards to immigrants who have committed crimes. "While the Trump Administration may seek to blame California as it grows desperate to deliver on its misguided, inhumane mass deportation agenda, immigration enforcement is and always has been the federal government's job," said a spokesperson for California Atty. Gen. Rob Bonta. The practice of prosecuting individuals for illegal entry was widely employed under the Obama and second Bush administrations, but fell out of use in recent years. The resumption of it could increase the number of immigration arrests in the region, experts say. Essayli, former state assemblyman and the son of Lebanese immigrants, was appointed last month. He told Fox News he created a dedicated group of federal officials to comb through databases to identify jailed immigrants who had been deported. The new effort could yield dozens of charges every week. The administration has been frustrated with California's policy that prohibits local law enforcement from arresting someone solely for a deportation order or holding someone in jail for extra time so immigration agents can detain them. Immigration officials in the past relied on local police to help them with enforcement, but over the last decade California and other states have increased protections for immigrants. The state scaled back its involvement in immigration enforcement on the streets and in jails, culminating in a 2018 law that ended the use of 287(g) agreements, which allowed local jailers to screen suspects for immigration violations. Immigration activists argued those agreements eroded trust with the community and punished immigrants with minor infractions. The Trump administration has aggressively pushed to revive such programs across the country as it attempts to make good on its promise of mass deportation. 'The days of giving criminal illegal aliens a free pass are over," Essayli said in a statement. "While California may be presently disregarding detainers, it cannot ignore federal arrest warrants." There still is plenty of collaboration between state and federal immigration authorities. Under the state law, California prison officials can transfer any inmate to immigration custody, but they do have to give the person a written notice. And police can notify immigration agents of someone's release if they have certain convictions. Those include any felony that resulted in state prison, most other felonies on their record in the previous 15 years, and some high-level misdemeanors within the last five years. President Trump has painted sanctuary cities as more dangerous, and much of his immigration agenda is framed around removing criminals. Experts say the rhetoric doesn't match with reality. "The foundational assumption is widespread immigrant criminality," said Charis Kubrin, a criminology professor at UC Irvine. Her research and others show no connection between sanctuary status and crime. "Immigrants do not commit crime at a higher rate than the native born, and immigration to an area does not cause crime rates to rise," she said. Essayli's office stated that his office will file charges and seek arrest warrants so federal agents can "take as many defendants as possible into custody from state jails." In 2023 and 2024, federal prosecutors in the California's Central District — covering seven counties including Los Angeles — charged a total of 17 individuals with illegal reentry following removal, according to the office. Between Jan. 20 and May 1, the office charged 347 people with illegal reentry. In the first five days of the program that began May 10, 13 people have been arrested, which is actually a slower rate than the three previous months. But even if the numbers ramp up, the program could run into a roadblock created by its own success, as the number of prosecutions mount. "At the end of the day they will, they will run into ... issues of capacity," said Muzaffar Chishti, a senior fellow at the Migration Policy Institute. Staff Writer Andrea Castillo contributed to this story. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
25-05-2025
- Politics
- Los Angeles Times
U.S. attorney in L.A. moves to ‘neutralize' California's sanctuary rules
The top federal prosecutor in Los Angeles is ratcheting up immigration enforcement in jails as the Trump administration looks for more ways to remove more immigrants from sanctuary cities. U.S. Atty. Bill Essayli announced this week a pilot program dubbed 'Operation Guardian Angel' intended to 'neutralize' sanctuary state laws. The office identifies individuals with criminal records who have been deported and charges them with illegally reentering the United States, a federal crime. The tactic focuses federal resources at the main place sanctuary rules have impeded the work of immigration agents — county jails and state prisons. 'Under the Trump Administration we will not allow sanctuary jurisdictions to stand in the way of keeping the American People safe,' Essayli posted on X in announcing the program. State officials say they already cooperate with federal officials in regards to immigrants who have committed crimes. 'While the Trump Administration may seek to blame California as it grows desperate to deliver on its misguided, inhumane mass deportation agenda, immigration enforcement is and always has been the federal government's job,' said a spokesperson for California Atty. Gen. Rob Bonta. The practice of prosecuting individuals for illegal entry was widely employed under the Obama and second Bush administrations, but fell out of use in recent years. The resumption of it could increase the number of immigration arrests in the region, experts say. Essayli, former state assemblyman and the son of Lebanese immigrants, was appointed last month. He told Fox News he created a dedicated group of federal officials to comb through databases to identify jailed immigrants who had been deported. The new effort could yield dozens of charges every week. The administration has been frustrated with California's policy that prohibits local law enforcement from arresting someone solely for a deportation order or holding someone in jail for extra time so immigration agents can detain them. Immigration officials in the past relied on local police to help them with enforcement, but over the last decade California and other states have increased protections for immigrants. The state scaled back its involvement in immigration enforcement on the streets and in jails, culminating in a 2018 law that ended the use of 287(g) agreements, which allowed local jailers to screen suspects for immigration violations. Immigration activists argued those agreements eroded trust with the community and punished immigrants with minor infractions. The Trump administration has aggressively pushed to revive such programs across the country as it attempts to make good on its promise of mass deportation. 'The days of giving criminal illegal aliens a free pass are over,' Essayli said in a statement. 'While California may be presently disregarding detainers, it cannot ignore federal arrest warrants.' There still is plenty of collaboration between state and federal immigration authorities. Under the state law, California prison officials can transfer any inmate to immigration custody, but they do have to give the person a written notice. And police can notify immigration agents of someone's release if they have certain convictions. Those include any felony that resulted in state prison, most other felonies on their record in the previous 15 years, and some high-level misdemeanors within the last five years. President Trump has painted sanctuary cities as more dangerous, and much of his immigration agenda is framed around removing criminals. Experts say the rhetoric doesn't match with reality. 'The foundational assumption is widespread immigrant criminality,' said Charis Kubrin, a criminology professor at UC Irvine. Her research and others show no connection between sanctuary status and crime. 'Immigrants do not commit crime at a higher rate than the native born, and immigration to an area does not cause crime rates to rise,' she said. Essayli's office stated that his office will file charges and seek arrest warrants so federal agents can 'take as many defendants as possible into custody from state jails.' In 2023 and 2024, federal prosecutors in the California's Central District — covering seven counties including Los Angeles — charged a total of 17 individuals with illegal reentry following removal, according to the office. Between Jan. 20 and May 1, the office charged 347 people with illegal reentry. In the first five days of the program that began May 10, 13 people have been arrested, which is actually a slower rate than the three previous months. But even if the numbers ramp up, the program could run into a roadblock created by its own success, as the number of prosecutions mount. 'At the end of the day they will, they will run into ... issues of capacity,' said Muzaffar Chishti, a senior fellow at the Migration Policy Institute. Staff Writer Andrea Castillo contributed to this story.
