A Los Angeles County Sheriff’s Department deputy whose original felony conviction for assaulting and pepper-spraying a suspect was reduced to a misdemeanor by a federal judge was sentenced Monday to four months behind bars.

U.S. District Judge Stephen Wilson last week granted in part the government’s motion to dismiss the allegations in Trevor Kirk’s indictment that raised his conviction from a misdemeanor to a felony. While the court tossed the felony allegations, it did not strike any portion of the jury verdict, which found Kirk guilty of using unreasonable force.

However, Wilson did reject a portion of the post-conviction plea deal that stipulated a sentence of one year probation for the misdemeanor conviction.

A message requesting comment left with the sheriff’s department’s media office was not immediately answered.

Kirk, 32, of Santa Clarita was convicted in federal court in February of one felony count of deprivation of rights under color of law for the force used in June 2023 during an encounter with a woman during a shoplifting investigation outside a supermarket in Lancaster.

At the beginning of May, the U.S. Attorney’s Office filed an unusual post-conviction plea and sentencing agreement in which Kirk would plead guilty to a misdemeanor and admit under oath that he “used unnecessary force.”

The plea deal — which required Wilson’s approval — overturned the jury’s felony verdict and reduced Kirk’s possible prison exposure of 10 years to one year.

Following the filing of the post-conviction plea agreement, four federal prosecutors withdrew from the case.

Kirk’s attorney, Tom Yu, has described his client as a “hero, not a criminal.”

In March, the Los Angeles Sheriff’s Professional Association said the prosecution of Kirk was “wrongful and politically charged,” and his actions, as seen on body-worn camera video, were “lawful, restrained, and aligned with training.”

Cesar Romero, LASPA president, said the organization “stands unwaveringly” with Kirk.

“This isn’t just about one deputy — it’s an assault on every law enforcement officer who puts their life on the line daily,” Romero said in a statement. “We will not back down. Trevor has our full support, and we will fight alongside him and his loved ones until justice is restored.”

Evidence showed Kirk and another deputy were responding on June 24, 2023, to a possible robbery at WinCo Foods by a male and female suspect. According to court papers, Kirk and his fellow deputy arrived at the scene, handcuffed a man matching the suspect’s description and detained him, while a woman fitting the description of the second suspect recorded the deputies with her phone.

The indictment states that Kirk then approached the woman — identified in court documents as J.H. — and attempted to grab her phone without issuing any commands. The woman turned away, prompting Kirk to grab her arm, hook his left hand behind her neck and forcefully throw her to the ground, prosecutors said.

While on the ground, Kirk yelled at J.H. to “get on the ground,” and she told him the video had already been posted on YouTube, according to the indictment.

Federal prosecutors initially said Kirk then placed his knee on the woman’s shoulder, and when she yelled for him to stop and used an expletive, he pulled his right arm back with a clenched fist and threatened to punch her in the face.

The indictment says Kirk used his LASD radio to call in a misleading report that he was in a fight.

Court papers further state that shortly thereafter, without giving any additional commands to J.H, Kirk sprayed her twice in the face with pepper spray. The woman received medical attention for the spray and injuries received from being thrown to the ground, evidence shows.

The jury heard that Kirk then drafted and submitted a misleading report to the LASD in which he portrayed J.H. as a threat to his physical safety, claiming that the woman assaulted him, attempted to hit him and took a “fighting” stance.

At the time charges were filed last year, the sheriff’s department said Kirk was relieved of duty pending the outcome of the case.

Also Monday, civil rights attorney Caree Harper filed documents on behalf of J.H. with the U.S. 9th Circuit Court of Appeals seeking to have the court issue a writ that would stay all proceedings in the case for five days, including the sentencing hearing — which went forward; vacate the dismissal of the part of the indictment that reduced Kirk’s conviction from a felony to a misdemeanor; and other actions.