Ex-Cop Who Blinded Woman With Pepper Spray to Face Trial Again

Riverside County prosecutors confirmed today they will retry a former Beaumont police officer who blinded a woman when he fired high- pressure pepper spray into 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.

During a status conference at the Riverside Hall of Justice, the District Attorney's Office announced it was ready to proceed with a second trial on the same felony counts. Superior Court Judge Becky Dugan scheduled a trial-setting conference for Aug. 29.

Clark, free on $50,000 bail, could face four years behind bars if convicted.

According to Carney, the defendant fired 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 unjustified when he pulled the trigger on the JPX pepper spray gun, which discharges propellant at 400 mph. The pepper-spray gun 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 Clark lied to cover up his actions, telling investigators he felt his life was threatened and was "slipping off balance" while holding the gun, causing it to fire prematurely.

Defense attorney Steve Sanchez blamed Clark's bosses, inadequate training, unclear instructions on how to use it and other factors.

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 a meter -- about three feet -- instead of the 1.5 meters actually required.

The attorney said Beaumont police never gave officers a chance to test- fire a JPX pistol before carrying one on patrol, even though a video played during Clark's trial showed him and other officers receiving instruction on the appropriate use of the device, which resembles a Star Trek phaser.

Dash-cam video from Clark's patrol car 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