The Los Angeles County Sheriff’s Department deputy, Joseph Benza III, pleaded guilty to a federal civil rights charge on Friday. He assaulted a transgender man, Emmett Brock, who exercised his First Amendment rights by making an obscene hand gesture while driving.
The incident occurred on February 10, 2023. Benza, stationed in the municipality Norwalk, was responding to a domestic violence call in Whittier. While en route, he saw Brock male the obscene gesture at him. Although such gestures are offensive, they are protected by the First Amendment.
Instead of continuing to the call, Benza followed Brock’s vehicle for 1.8 miles to retaliate. Brock, noticing this, called 911 to report the situation. He eventually stopped in a 7-Eleven parking lot. At that point, Benza activated his patrol car’s emergency lights, approached Brock without giving verbal commands, and grabbed him.
In the footage provided by Brock’s lawyer, Brock tried to drive away. However, Benza threw him to the ground. He pinned Brock down, punched him in the head and face, and pressed his face into the pavement. Brock suffered a concussion, bruises, and scrapes.
After the assault, Benza submitted a report omitting key details. He failed to mention that he followed Brock because of the hand gesture. Instead, he falsely claimed that Brock resisted arrest, distorting the events.
Federal prosecutors highlighted that Benza violated Brock’s constitutional rights. During Friday’s court session, Benza admitted to acting out of anger. He also conceded that his use of force was excessive and unjustified.
In a press statement, US Attorney Martin Estrada said that “law enforcement officers are sworn to uphold the rights of every individual, including those expressing themselves under the First Amendment. This egregious violation of civil rights undermines public trust and tarnishes the badge.”
Benza’s guilty plea is a significant step in holding law enforcement accountable for misconduct. The court will sentence Benza on April 22, 2025. He could receive up to 10 years in federal prison. The FBI and the US Department of Justice’s Civil Rights Division praised the plea, emphasizing that authorities will not tolerate abuse of power.
This case raises ongoing concerns about excessive force, especially against marginalized communities. It also underscores the importance of constitutional protections, even during controversial encounters. Brock expressed relief at the guilty plea but said the incident left lasting emotional and physical scars.
