Decision Expected Today on Plan to Retry Former Police Officer Who Blinded DUI Suspect

Riverside County prosecutors are expected today to announce they will retry a former Beaumont police officer who blinded a woman when he fired a pepper spray pistol inches from her face while arresting her for alleged drunken driving.

In May, a Riverside jury deadlocked 10-2 in favor of convicting 38-year- old Enoch "Jeremy" Clark on charges 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.

Riverside County Superior Court Judge Mac Fisher declared a mistrial in the case, leaving the District Attorney's Office to decide whether the agency will proceed with a second trial, which Deputy District Attorney Mike Carney will confirm during today's status hearing before Superior Court Judge Becky Dugan.

It's unknown whether the D.A.'s office will submit a modified complaint that reduces the charges. If convicted of the current allegations, Clark could face four years behind bars. He remains free on $50,000 bail.

According to Carney, Clark discharged a pepper gun into the eyes of 32- year-old Monique Hernandez on the night of Feb. 21, 2012, because he was "annoyed" with her after she refused to comply with his commands to stop resisting arrest.

The woman's corneas were shredded and her optic nerve irreparably damaged, according to her attorney, Milton Grimes.

Carney alleged Clark was completely unjustified when he pulled the trigger on the JPX pepper spray gun, which discharges propellant at 400 miles per hour. The device was less than 10 inches from Hernandez's face, and the propellant gel pack penetrated her eyes, dispersing into her skull, according to the prosecutor.

He alleged the defendant lied to cover up his actions, telling investigators that he felt his life was threatened and he was "slipping off balance" while holding the gun, causing it to fire prematurely.

Defense attorney Steve Sanchez blamed his client's superiors, inadequate training on the weapon's use, 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 -- 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, even though a videotape recording played during Clark's trial showed him and other officers receiving instruction on the appropriate use of the devices, which resemble a Star Trek phaser.

Dash-cam video from Clark's patrol car on the night of the confrontation showed Hernandez with her hands behind her back, jostling as Clark tries 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," demanding to know why she's being arrested and what she "blew" in her roadside breathalyzer test.

The video clip shows Clark firing the device directly into Hernandez's face.

The ex-cop and the city of Beaumont are being sued in federal court for alleged civil rights violations.

--City News Service