Los Angeles, California – The Justice Department has announced that a Los Angeles County Sheriff’s Department deputy 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.

Officials say 36-year-old Joseph Benza III, of Corona, was assigned to the Norwalk Station when the incident occurred on February 10, 2023. Late Tuesday, Benza was charged with one felony count of Deprivation of Rights Under Colors of Law.

As part of a plea agreement, Benza has reportedly agreed to plead guilty to the felony civil rights offense that carried a maximum penalty of 10 years in federal prison. The Justice Department says Benza is expected to make his initial appearance in federal court in the coming days.

Court documents allege that the 23-year-old victim weighed about half as much as Benza and suffered a concussion, contusions, and abrasions. As part of the plea agreement, Benza admitted that he was responding to a domestic violence call in Whittier when he saw the victim, E.B., drive by and extend his middle finger.

Benza abandoned the domestic violence call and followed the victim’s car for 1.8 miles with the intention to retaliate with force. The plea agreement explained that the victim called 911 to report he was being followed before eventually pulling into a parking lot.

Benza parked behind the victim’s vehicle and activated his overhead lights for the first time. According to the plea agreement, Benza approached E.B. who was exiting his vehicle. Benza grabbed the victim who pulled away and said, “Don’t touch me.”

The plea agreement alleges, “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.”

The plea agreement also alleges that Benza admitted to preparing a false incident report to cover up his civil rights violations. Authorities say Benza made false statements during an interview with federal authorities in January 2024.