Robert Kirsch wants his job back.
But Kirsch’s former employer, the Santa Barbara County Sheriff’s Office, doesn’t want him back and filed a petition on May 9 with the county court to reverse a decision by the county’s Civil Service Commission to reinstate the former Sheriff’s deputy.
In December 2016, the commission found that the former jail deputy didn’t use excessive force against inmate Charles Owens, which was the Sheriff’s Office’s basis for firing Kirsch. The Sun was able to obtain the Civil Service Commission’s report from the petition before Judge Donna Geck sealed the documents on May 23.
Before his firing, Kirsch served 10 years with the Sheriff’s Office and had an “exemplary” record, according to the commission.
Kirsch and former deputy Christopher Johnson were accused of excessive force after Kirsch delivered a series of knee strikes to Owens—something Kirsch doesn’t deny doing, according to court documents—while the inmate was handcuffed, curled up in a fetal position, and being held down by Johnson.
The incident occurred on June 17, 2013, when Owens was being transferred to a different cell at the Santa Barbara County Jail, according to court records. At the time, Owens was being held on suspicion of rape and for the 2007 murder of Michael Jason Spradling in Lompoc, a crime for which he was eventually convicted and sentenced to life in state prison.
Owens provided details of the alleged jail incident in a lawsuit filed against the Sheriff’s Office in 2015.
It began when Owens was inside of his cell and pushed the call button to inquire about visiting the day room, where inmates have access to a television and small library. Johnson answered the call.
“Don’t you fuckin’ worry about it,” Johnson replied, “we’ll give you day room when we’re ready to give you day room. Don’t push the fuckin’ call button again.”
“Don’t come at me all stupid,” Owens responded.
“I’ll come down there and rough you up,” Johnson replied.
“Not without backup or some handcuffs you won’t,” Owens said.
According to the lawsuit, Kirsch and Johnson proceeded to take Owens to solitary confinement when Owens said Johnson took him to the ground while Kirsch landed two sets of strikes—at least five blows—with his knee on top of Owens’ rib cage.
Brian Vogel, Owens’ attorney, told the Sun that it was a county public defender who initiated the complaint against the deputies. The Sheriff’s Office then sent Kirsch a letter of termination in January 2014, accusing him of an “unreasonable and excessive level of force against Charles Owens” and other reasons, including failing to report the use of force.
Both Kirsch and Johnson were charged with federal crimes, including deprivation of rights. Following a hung jury in the summer of 2015, the deputies were eventually acquitted of the most serious charges, although Johnson was found guilty of felony obstructing justice and sentenced to three years of probation, according to court records. Johnson is appealing the conviction.
Rather than responding to the termination order and meeting with the sheriff about his firing, Kirsch hired a lawyer and requested a hearing with the Civil Service Commission, which oversees employee matters with the county.
Kirsch spoke with the Sun briefly on the matter, but his attorney, Bill Hadden, was unreachable for comment before press time.
“The commission has ordered me back to work, and I haven’t heard back from the sheriff whatsoever,” Kirsch said.
According to the commission’s decision, referring to Kirsch as “R.K.,” it was Owens that resisted the deputies’ orders, causing them to forcefully take him down.
Kirsch testified that he was simply backing up his fellow deputy and attempting to subdue Owens, according to the commission’s decision.
A video currently withheld by the Sheriff’s Office purportedly shows the incident, according to the commission, although it’s not conclusive evidence since the slow frame rate of the recording doesn’t show what happened in real time.
Vogel wouldn’t comment specifically on the case, but he said the video is “all you need to know.” Vogel added that the lawsuit was eventually settled, and his former client is currently appealing his conviction from Corcoran State Prison.
Between the testimonies of witnesses and the video evidence, the commission determined that the Sheriff’s Office hadn’t proved its case “by a preponderance of evidence” for firing Kirsch. But it also found that the second set of Kirsch’s blows weren’t warranted.
“The second set of three knee strikes was not calculated to get Owens to turn onto his stomach because Owens was on his side and the force applied was either straight down or toward Owens’ back,” the commission decision read. “The commission is persuaded that Owens was not actively resisting the deputies after the first knee strikes and seven-second pause.”
Because of this, the commission ordered Kirsch to be reinstated, but with no back pay. Kirsch has also appealed the commission’s decision to reinstate him, according to court records.
The Sheriff’s Office declined to comment on the case, citing personnel matters. When Judge Geck sealed the commission’s report on May 23, she cited Penal Code section 832.7, which requires confidentiality of peace officer personnel records.
The Sheriff’s Office now awaits the commission’s reply to the May 9 petition, in which the office accused the commission of abusing its discretion.
“The sheriff bears responsibility for determining the amount of discipline to be imposed for violation of SBSO standards of conduct, including those related to the use of force,” the Sheriff’s Office argued, calling the commission’s reversal “arbitrary, capricious, or patently abusive.”
Staff Writer David Minsky can be reached at dminsky@santamariasun.com.
This article appears in May 25 – Jun 1, 2017.