Grand Jury Transcripts: Beaumont Officer Trained on Pepper Spray Gun

A Beaumont police officer accused of blinding a local woman during a DUI stop was fully trained on the proper use of that weapon, reveal.

Officer Enoch Clark, who remains on administrative leave while his case proceeds, allegedly used his JPX device—a high-powered pepper spray gun that shoots the liquid out at 400+ mph—from a distance about 6-10 inches away from Monique Hernandez , according to district attorney reports.  However, the proper use of that weapon is from a distance no less than 1.5 meters, or about 5 feet, away from the subject, transcripts say.

One of those who testified in front of the criminal grand jury that was Bart Bacolini, a law enforcement consultant who trains police officers on “less lethal” platforms, like the JPX device. 

The trainer, who worked with the Beaumont Police Department, was questioned by Deputy District Attorney Mike Carney on April 17.

Bacolini, who says in the transcripts that Clark was in attendance at one of his training sessions, testified that all users of the device are taught its potential harmful affects, and that the optimum range of use is between two and five meters, or from seven to 16 feet.

“So they’re aware of that right from the start, during training, [JPX] can cause major damage to themselves or somebody else that is standing close by next to them if it goes ahead and fires,” he said.  “So there is, you know admonition built right into this training.”

He continues:

“I think at the end, last thing they have in conclusion as they complete the training, after they’ve taken the test, and they all have to pass the test before they can move out and used the weapon actually in practical test, last thing that’s emphasized, although the JPS is considered a less lethal weapon, serious injury or death could result from the improper use.”

One of the materials he says all trainees are given is an instructional booklet—gone through page by page turning training—which stresses the correct range of use several times, and that 1.5 meters is the absolute minimum range.

“Again, it’s got the minimum right in there, and you’ll notice too, that when Switzerland [where the weapons are made] put these manuals together, they differentiated by the top paragraph, the bottom paragraph, right in the middle, how important it is that this be used no closer than three in a half—or 1.5 meters,” he said, while pointing the said text out to the jury in the actual manual handed out.

What’s more—that minimum distance of 1.5 meters is measured from the end of the nozzle.

“In other words, if they’ve got the fun out in front of them, it’s not five feet from my not to their nose.  It’s actually five feet from the end of the nozzle to where the target is.  So in other words, they’ve got to do an estimate on that, and they’re instructed at this point also if there is any question about not having that distance space in there, then go to the secondary target, which is the high chest,” he said.

A final part of training also consists of showing trainees an actual deployment of the device on a volunteer—which is done from a distance of about 15 feet, according to the transcripts.

Beaumont Police Offer Same Stringent Training

Another person who testified in the grand jury proceedings was Beaumont Police Officer Matthew Gepford, who was also trained by Bacolini on the use of the JPX device—and now gone on to become an instructor himself for the police department, according to testimony.

In the transcripts, Gepford bears witness to the actual test that Officer Clark was given on Aug. 26, 2010, which consists of “basic questions in reference to the nomenclature of the JPX device, as well as proper distances for firing, where to aim the device on the subject’s body and the decontamination process.”

In order to pass that test to carry the JPX, officers must get 80% of the 25 questions correct, according to Gepford.  Clark only got one question wrong, he added.

The police officer—who conducted a training session for Clark in Aug. 2010—said the only question missed by Clark had to do with where to aim the weapon, as he answered that it should be lower than is suggested, (which is the nose), transcripts suggest.

         Prosecutor:  …As far as minimum distance is concerned, he got that question; correct?

         Gepford:  That’s correct.

         Prosecutor:  As far as whether or not a person can be seriously injured, he got that correct?

         Gepford:  That’s right.    

Different Accounts of Distance

Sheriff’s investigator De Lesandro Dean, who was also questioned during the grand jury proceedings, told Deputy District Attorney Carney that he asked Clark if he was aware of the JPX distance requirements.

“He said he thought [the minimum distance] was five feet, but at the time he wasn’t thinking about that,” he said.

Beaumont Police Sergeant Josh Ellsworth was dispatched to the scene on the night of Feb. 21, after the JPX had already been used on Hernandez, and was also questioned.

He said Clark told him that he used the device on Hernandez from about three feet away after she had tried to get away from him while being placed under arrest, according to his testimony.

However, Dean said Clark conveyed what he had told his sergeant at the scene a bit differently:

“He said that he believed he was one to two feet away from her, and actually was pushing away to create separation because he thought that in deploying it that he was going to lose grip with the handcuffs,” Dean said. 

First Case of Serious Injuries?

Bacolini also indicated that, to his knowledge, this may be the first case in which someone has been injured to the extent which Hernandez was.

         Prosecutor:  To your knowledge, and as a part of staying up to date in your field in your training, are you aware of any other case where a person has been fire upon with a JPX device from a distance closer than the recommended safety range?

         Bacolini:  No, not that I’m aware of.  And I’ve queried Switzerland [where the weapon is made], and to their knowledge, they actually put out a directorate to all their folks that already have them to see if they’re having any injuries, and at least to date, I don’t think there has been.

         Prosecutor:  All right.  So it’s possible that—and you’re familiar with the facts of this case that this may be the first instance of someone using it in that particular improper way?

         Bacolini:  Unfortunately, yes.

Officer Feared for His Life

Officer Enoch Clark could not respond in the grand jury proceedings, as he was not aware of them until after the indictment was handed down.

However, transcripts suggest that he told sheriff’s investigators that he was in fear for his life when he used the device on Hernandez.

He thought that Hernandez was going to “gouge his eyes out” with the handcuffs, according to sheriff’s investigator De Lesandro Dean.

His attorney Kasey A. Castillo told Banning-Beaumont Patch that her client and pointed out that just because a grand jury has indicted him, that “is a very different standard of proof than that which is necessary for a conviction.”

Clark is due in court on May 29, for a trial readiness conference.

On April 26, Clark was arraigned on four counts: assault under the color or authority, assault with a less lethal weapon, use of force causing serious bodily injury, and assault with force likely to cause great bodily injury. There is also an enhancement that he personally inflicted great bodily injury.