A now-former Los Angeles County Sheriff’s deputy will plead guilty to violating a transgender man’s civil rights by assaulting him, causing injuries including a concussion.
The victim, identified only as “E.B.,” drove by Joseph Benza III of Corona and extended his middle finger on Feb. 10, 2023, as Benza was headed to a domestic violence call, the U.S. Department of Justice said in a statement.
That gesture is considered free speech and is protected by the First Amendment.
Benza, 36, then “abandoned the domestic violence call and closely followed E.B.’s vehicle for 1.8 miles, intending to retaliate against E.B. with force,” the release said.
“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 DOJ added.
E.B. exited his car, and “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,” Benza’s plea agreement said.
Prosecutors pointed out that Benza weighed about twice as much as the 23-year-old E.B., who “suffered a concussion, contusions and abrasions.”
Benza then worked to cover up the assault, asking other deputies if he should include that he started pursuing E.B. because he had been flipped off. Three LASD sergeants ultimately counseled him to leave it out of the report, the plea agreement states, and one “sergeant drafted substantive portions of the report.”
“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,” the release said. “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.”
Benza also lied to federal investigators looking into the incident and spoke with “other deputies how they would delete text messages about the incident from their phones,” the release said.
Benza, who is expected to make his initial court appearance in the coming days, has agreed to plead guilty to one felony count of deprivation of rights under color of law, which carries a penalty of up to 10 years in federal prison.
“It is deeply troubling that a member of our Department, who has since been relieved of duty, violated the trust placed in them to uphold the law by abusing their authority,” said Sheriff Robert Luna in the DOJ release. “These actions undermine the integrity of our Department, the trust of our community, and the safety of those we are sworn to protect.”
U.S. Attorney Martin Estrada said in the release that a civil rights violation like this “corrodes trust in law enforcement and undermines the effectiveness of other officers who sacrifice to protect the public.”
“This senseless assault and subsequent attempted cover-up are an affront to our system of justice,” he said. “My office is committed to upholding civil rights and prosecuting those who abuse their authority.”
