As Jury Signals Impasse in Trial of Ex-Cop Who Blinded Woman, New Video Surfaces

A jury weighing the fate of a former Beaumont policeman who blinded a woman when he fired a pepper-spray gun inches away from her face indicated Monday that it was having difficulty reaching a unanimous decision.

After four days of deliberations, jurors in the trial of 38-year-old Enoch "Jeremy" Clark informed Riverside County Superior Court Judge Mac Fisher that they had hit an impasse, repeatedly voting 10-2 on a verdict. The court would not disclose whether the vote was a majority in favor or against conviction.

Fisher allowed the panel to stop deliberating early in the afternoon, but ordered jurors to return Tuesday morning to try again to break the deadlock. The prosecution and defense completed their closing arguments last Wednesday morning.

Clark faces more than 20 years behind bars if convicted of assault by a peace officer causing injury, assault with a less-lethal weapon, battery causing serious injury and assault resulting in great bodily injury for firing a pepper spray pistol into the eyes of 32-year-old Monique Hernandez.

Deputy District Attorney Mike Carney said that Clark got "annoyed" with Hernandez as she resisted his attempts to handcuff her on the night of Feb. 21, 2012.

"And look at what happened," Carney said. "Monique Hernandez will never see again."

The prosecutor condemned Clark for firing a JPX pepper spray gun, which discharges propellant at 400 mph, 10 inches from Hernandez's face while arresting her for misdemeanor DUI. The prosecutor alleged the defendant lied to cover up his actions, telling investigators that he felt his life was threatened and that he was "slipping off balance" while holding the device, causing it to fire prematurely.

"Yes, (Monique) is mouthy and drunk, but there is no way to justify his response," Carney said.

Defense attorney Steve Sanchez faulted his client's superiors, inadequate training on the weapon, unclear instructions on how to use it and other factors for what transpired.

Sanchez said the JPX manufacturer's warnings on the minimum safe distance to fire the pepper pistol were confusing. He pointed to errors in the instruction manual, including a misplaced comma that suggested the weapon could be fired from one meter -- three feet -- away, instead of the 1.5 meters actually required.

The attorney said the Beaumont Police Department never gave officers an opportunity to test-fire the JPX pistols before carrying them on patrol. He said his client's decision to fire the gun was "made in a split second, and you can't second-guess the officer."

A dash-cam videotape taken from Clark's patrol car on the night of the confrontation showed an intoxicated Hernandez with her hands behind her back, jostling as Clark attempts to handcuff her.

The lawman repeatedly tells the woman to "stop resisting" and "get your hands behind your back," while Hernandez answers, "I'm not resisting" and demands to know why she's being taken into custody.

The grainy black-and-white video clip runs two to three minutes, at the end of which Clark reaches toward his duty belt and unholsters a device, firing it into Hernandez's face.

Clark and the city of Beaumont are being sued in federal court for alleged civil rights violations leading to permanent injury. Los Angeles attorney Milton Grimes is representing Hernandez.

Clark is free on $50,000 bail.

— City News Service.