LA cop pleads guilty for an assault he committed but was cleared by LA Sheriff's Department

There comes a point where cops need to realize they need to quit thinking it's a good look for them on how internal investigations go. Former LA County Sheriff's Deputy Joseph Benza has pleaded guilty to his assault on an individual who flipped cops off while they were on a call. The feds got involved, and now Benza has admitted guilt and is facing prison time. Having a probe by the sheriff's department clear him shows how badly the situation has become when it is viewed by common folks.

There are far too many interventions lately by the federal government to think there does not need to be another way. An independent counsel looking into matters where citizens would be concerned would allow law enforcement to build trust and get cops used to telling the truth on all matters. It also is a bad look to go after people who dislike cops, as that just spreads the feelings farther. Professional behavior causes people to start changing their views, even if it isn't changed in the person who acts out.

The Incident

Here, via The Sacramento Bee, is what happened.

https://www.sacbee.com/news/california/article297369434.html

While working as a deputy assigned to the Los Angeles County Sheriff’s Department’s Norwalk station, Benza was heading a report of domestic violence in Whittier as the man, identified as “E.B.,” drove past him, according to prosecutors.

The 23-year-old stuck his middle finger up at Benza, who prosecutors said then “abandoned the domestic violence call.”

Benza trailed the man in his patrol car for an estimated 1.8 miles, according to prosecutors.

During the drive, the man called 911 to report being followed, prosecutors said.

Then the man stopped in a parking lot, where Benza also pulled over and activated his vehicle’s overhead lights, according to prosecutors.

Benza walked over to him as he got out of his car and “violently” body slammed the man onto the pavement before pummeling him, the plea agreement says.

He got on top of the man, punching his head and face as the man screamed: “You’re going to kill me!”; “I can’t breathe!”; and “Please stop!,” according to the filing.

Benza also “pressed (his) face into the pavement,” the plea agreement says.

The man, who is transgender and “weighed about half as much as Benza,” was left with a concussion, contusions and cuts, according to the U.S. Attorney’s Office.

Benza tried to hide the use of excessive force in an incident report, in which he wrote that he pulled the man over for an air freshener fixed onto his rearview mirror, prosecutors said. This was a lie, according to prosecutors.

Benza also lied when he wrote the man bit his hand, hard enough to break skin, and cited him with criminal mayhem, according to prosecutors.

The man, Emmett Brock, sued Benza in August 2023, saying that after he was taken into custody, staff at the sheriff’s department’s Norwalk station asked whether he had a penis after he mentioned he’s transgender, NBC News reported.

His lawsuit says he was taken to a bathroom by a female employee who examined his genital area, according to the outlet.

The civil case filed by Brock, who works as a teacher, will go to trial next October, his attorney Tom Beck told NBC News.

In the criminal case, Benza is accused of lying to federal authorities during the investigation.

Here, via Yahoo News, is the LA Sheriff's Department failing.

https://www.yahoo.com/news/l-sheriffs-deputy-pleads-guilty-015621286.html

Previously, the Los Angeles County Sheriff's Department's internal use-of-force investigation cleared the deputy of wrongdoing. This week, the department said in a statement that the prior determination was based on the statements and reports provided at the time. Since the initial probe, the department said, the federal case has revealed new evidence of "egregious actions to cover up misconduct," prompting a new internal administrative investigation.

The department said in a statement that Benza has been relieved of duty, and "potentially additional employees" could also face discipline as the investigation continues.

In a news release, Sheriff Robert Luna called Benza's actions “deeply troubling," saying they “undermine the integrity of our Department, the trust of our community, and the safety of those we are sworn to protect.”

Federal Case

Here, via a DOJ press release, is what the feds found.

https://www.justice.gov/usao-cdca/pr/lasd-deputy-sheriff-agrees-plead-guilty-assaulting-transgender-man-violation-federal

A deputy with the Los Angeles County Sheriff’s Department has agreed to plead guilty to a federal civil rights violation for using excessive force during an assault of a transgender man in retaliation for the victim exercising his First Amendment rights, the Justice Department announced today.

Joseph Benza III, 36, of Corona, who was assigned to the Norwalk Station at the time of the incident on February 10, 2023, was charged late Tuesday with one felony count of deprivation of rights under color of law. In a plea agreement also filed Tuesday, Benza agreed to plead guilty to the felony civil rights offense that carries a statutory maximum penalty of 10 years in federal prison.

Benza is expected to make his initial appearance in federal court in the coming days.

The victim of the assault, a 23-year-old man identified in court documents as “E.B.,” who weighed about half as much as Benza, suffered a concussion, contusions and abrasions, according to court documents.

In his plea agreement, Benza admitted that he was responding to a domestic violence call in Whittier when he saw E.B. drive by and extend his middle finger – an expression that is protected by the First Amendment of the Constitution of the United States.

After seeing that he had been “flipped off,” Benza abandoned the domestic violence call and closely followed E.B.’s vehicle for 1.8 miles, intending to retaliate against E.B. with force, according to the plea agreement. After calling 911 to report that he was being followed, the victim eventually pulled into a parking lot. Benza then parked behind E.B.’s vehicle and activated his overhead lights for the first time.

The plea agreement states that Benza approached E.B., who was exiting his vehicle. Without giving any commands, Benza grabbed the victim, who pulled away and said, “Don’t touch me.”

“Defendant Benza then violently body slammed Victim E.B. onto the ground. Once Victim E.B. was on the ground, defendant Benza mounted Victim E.B., punched Victim E.B.’s head and face multiple times, and pressed Victim E.B.’s face into the pavement,” according to the plea agreement.

Later that day, as he began preparing an incident report, Benza consulted with other deputies about whether he should include that he began pursuing E.B. because he had been flipped off. Three LASD sergeants counseled Benza to omit that fact from his report, the plea agreement states.

To cover up his civil rights violations, Benza admitted that he prepared a false incident report that omitted any reference to the flip-off and instead misleadingly stated that E.B. was stopped for having an air freshener hanging from his rearview mirror. Benza also falsely claimed that E.B. had bitten Benza’s hand with enough force to puncture the skin and cited E.B. with criminal mayhem.

In addition to the false incident report, Benza engaged in additional obstructionist conduct, including discussing with other deputies how they would delete text messages about the incident from their phones, as well as discussing making false statements to federal authorities who were investigating the incident, according to the plea agreement.

During an interview with federal authorities in January 2024, Benza made false statements that including denying that he has seen E.B. flip him off and that he had not substantively discussed the incident report with others while he was writing it. Benza admitted that a sergeant drafted substantive portions of the report.

It seems when local law enforcement fails, someone has to step in.

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