Pepper-Spray Brutality May Leave Cops Liable

Okay, when someone reads this title, they may think of the pepper spray canisters that a cop often has on his belt. Some may even think of the Pepper bottles such as we saw used by the masochist at UC Davis to soak down a whole line of Occupy protesters.

One would be wrong.

This wasn't a pepper canister in this case. It wasn't a pepper bottle. It was so much worse, I'm speechless by the extreme this represents for abuse. I cannot even imagine doing this to another human being unless torture and the infliction of extreme pain were the whole point of the exercise (A child molester, perhaps..if one struggles for a mental example where it might fit).

The officer in question, Enoch Clark with the Beaumont, Calif., police, is awaiting trial on charges that he "blinded" Monique Hernandez on Feb. 21, 2012, the Banning-Beaumont Patch reported last month.

Hernandez said in a January complaint that she was cooperating with Officer Clark as he subjected her to field sobriety tests and a breathalyzer on the night in question.

Clark nevertheless allegedly handcuffed Hernandez and shoved her against his car while telling her to "stop resisting." Hernandez said she "never attempted to kick, head-butt, grab, or pull away from Clark, and she never attempted to flee."

So far, same 'ol stuff. Yaddah Yaddah.. Not resisting...got peppered anyway.. yaddah yaddah.. right? Well.. Not so fast this time. Recall what I started by saying this WASN'T. What was used makes ALL the difference.

"Without any legitimate justification, Clark shot his JPX pepper spray gun at Monique's head and eye area from less than ten inches away," the complaint states.

Her family members heard a loud "pop," saw a "red flash," and heard Hernandez cry out in pain. Another officer on the scene, Francisco Velasquez Jr., allegedly prevented them from going to help Hernandez, pulling out a baton to intimidate them and silence their protests.

The JPX gun shoots out pepper spray liquid at 405 mph and causes serious injury if shot from less than 5 feet away, especially when shot at a person's eyes, the complaint states.

(Emphasis Added)

So what is a JPX Gun you may ask? Well, I'll glad you did! Let me show you.....



That is what he allegedly held her, turned into her face and fired at point blank range (10 inches...when it's said to cause injury under FIVE FEET..is point blank to my thinking)

First, I didn't even know cops were carrying these....and second? What in God's name possessed this guy to fire right into someones face and eyes? It's just unbelievable.

"When the sergeant arrived, Monique was still in the patrol car, and Clark and Velasquez proceeded to relay the fabricated story to the sergeant while Monique remained helpless in the back seat of a patrol car," she continued.

Though Hernandez used to work full-time as a Wal-Mart supervisor, and was named employee of the year in 2011, she now requires full-time care and ongoing medical and psychological treatment, according to the complaint.

Source: Courthouse News

Hopefully she gets everything she seeks and then some. Her life should not have changed and in some ways, ended, because a cop got impatient in a traffic stop/DUI check. However, that is what happened...and as easy as it is to become immune to the onslaught of similar stories in the news? It's still real people and individual lives ruined or altered forever.

This sort of thing has to stop. Here and elsewhere. Authority has no inherent right to abuse those they police.

reply to post by Wrabbit2000

It needs to stop. One look at my avatar should explain it all.

No more pepper spray, no more tazers, no more bean bags ... a lot more talk and strict enforcement of punishments handed down by courts if you wind up there.

Sounds like he got a new toy and was desperate to try it out.

I'd be interested how long he had the item, if he only got it that day or so I think we'd have our answer.

grrr double post

I found this to be interesting, from the JPX website :

Our store was designed around the concept that everyone should be able to defend themselves without the fear of carrying a lethal weapon such as a gun. Our products are mostly Less-Lethal in nature and are designed so that the victim can escape from their attacker without causing lethal harm. Another big concern with most people is that they can actually be sued for defending themselves with a lethal weapon. Carrying and using a gun will not end at the time of use, but could put the Victim in a financial bind trying to defend themselves against the law for using lethal force. This can be very expensive and could lead to both mental and financial ruin.

Now the police are facing a lawsuit because they used the product.

What's next? Using dart guns loaded with 'less lethal' elephant tranquilizers?

Soon enough I hope that someone so sick of this crap and with a big chip starts offing these pieces of crap from a distance one a day, just head shots, one a day, over and over until they finally start to understand that we the people are absolutely fed up with this garbage. And I for one would not bat an eye at all something needs to be done. And since they feel its alright to harm, assault, murder innocent people it's about damn time "people" started fighting back an anonymous letter after the first few saying either change your ways or let the good times roll. Just getting so sick of the "GANG" in blue getting away with murder.

Hate to say it but maybe, just maybe its the civilians turn, to start taking out a-holes might just be the turning point when they realize it is really them against us because they pushed it this far and made it this way.

Hey A-Hole LEO's this is your creation and don't think for a second soon it isn't going to come to fruition with all the BS you guys pull, society is not your enemy but will be if you keep it up enough like minded people not cool with your actions all of you, good or bad are lumped the same till you change all P.O.S in my opinion and many others

Only "GANG" I'm afraid of "THE POLICE" most dangerous "GANG" of them all......

SaneThinking

SaneThinking
Soon enough I hope that someone so sick of this crap and with a big chip starts offing these pieces of crap from a distance one a day, just head shots, one a day, over and over until they finally start to understand that we the people are absolutely fed up with this garbage. And I for one would not bat an eye at all something needs to be done. And since they feel its alright to harm, assault, murder innocent people it's about damn time "people" started fighting back an anonymous letter after the first few saying either change your ways or let the good times roll. Just getting so sick of the "GANG" in blue getting away with murder.

Hate to say it but maybe, just maybe its the civilians turn, to start taking out a-holes might just be the turning point when they realize it is really them against us because they pushed it this far and made it this way.

Hey A-Hole LEO's this is your creation and don't think for a second soon it isn't going to come to fruition with all the BS you guys pull, society is not your enemy but will be if you keep it up enough like minded people not cool with your actions all of you, good or bad are lumped the same till you change all P.O.S in my opinion and many others

Only "GANG" I'm afraid of "THE POLICE" most dangerous "GANG" of them all......

SaneThinking

And may they never speak of their actions to anyone, anywhere, anytime.
Words will come back to haunt them.

That looks like it would be very painful OVER 5 feet away. No thanks.

Want to add that this is one of the most ill conceived designs I've seen. The negatives FAR outweigh the advantages.

Advantages:

-Can be fired from a long distance without contaminating the air.

Disadvantages:

-Has to be fired with EXTREME accuracy even at close range
-Only 2 shots
-Can cause serious injury at certain ranges
-INSANELY expensive at $300
-Large and awkward, I wouldn't want one on my belt compared with conventional OC
-Only good for 2 people AT THE MOST (you're gonna miss)


Really can't see a situation where this thing is viable. Too close, risk great bodily harm. Only two shots, crappy sights and impossible to 'adjust' like you can with a spray. Really only able to target one or two people AT MOST. The big cans of pepper spray have the same effective range, are 10x cheaper and allow for messing up (you can see the stream and keep moving the thing). The only real benefit is that it won't effect other people nearby, but if you have to deploy this that should be the last of your concerns.

There is no way I would carry this in lieu of a normal canister of OC if I was a cop. There is no way I would carry it in addition to everything else on my duty belt. It would stay in the trunk, until such time it was needed, and if it's staying in the trunk there are better options. Like a monster can of OC, a bean bag gun or something that fires rubber bullets or OC pellets.

The amount of training needed to be competent with one of these things is clearly too high judging by the video I linked. "Well if you're too close I'll have to shoot you in the chest to confuse you, backpedal and then shoot you in the face." Yeah, that's not how it works if someone is charging you. That first shot may hit but the second aimed at a relatively small target while being bum rushed better be perfect, and it rarely will be.

For the price the thing better be made out of carbon fiber and all moving parts lubricated with ambergris. I would also expect to be provided with free refills and a Lamborghini.

This thing is stupid.

I'm not going to bandwagon and say the cop was intentionally trying to cause such horrible injuries, or even suffering. I don't know, and neither do you. She may have been combative, and a good old pepper blast the right thing to do, IF IT WERE CONVENTIONAL. Problem is I doubt he was trained on the proper use. I can't see a department shelling out the cash to train officers on something like this. *Bleep*, I don't think any department could AFFORD to considering it's use is so limited. It's a stupid ass design. I'm more upset at this point with the idiot that approved these things than I am with the cop. If it turns out he was intentionally being an ass, sure fire him, lock him up etc.

Sounds like someone needs a JPX enema.

Seriously.....why would you even carry that as LEO? What purpose does it serve? If you need JPX, you need S&W instead.

reply to post by bigfatfurrytexan


I can see uses for these, giving it more thought...but absolutely nothing like this was here.

I can see a use for them in prisons or hostage situations where the ONLY reason lethal weapons aren't being used is fear of losing them to have them used against the wrong side or outright killing innocents. There, I could see where people would later appreciate the lack of lead stuff regardless what what pepper stuff does.

I can see patrol units having them for things very specific like animal calls or insane calls like drug psychosis. Again...right now, it's likely to be a bullet, and this isn't an alternative I'd turn down given that current reality.

This is one powerful pepper weapon tho... They need to start having VERY serious guidelines with the most serious consequences to deliberate misuse of them. Like tasers....things that aren't bad by themselves have come to be used as punishment and "come along" tools....not the serious step below lethal force they both started as.

reply to post by Wrabbit2000


Wrabbit,

As you well know, the human condition is far from ideal. Many people from all walks of life, upbringing and decent are wicked and harbor what some would consider immoral and evil thoughts. People can, are, have been and will be sadistic in the most twisted sort of ways and some even relish in the extreme pain and anguish of others. This, however hard to deal with is an undisputed fact.

I think what is hard to come to grips with for some of us and what may well be the truth is that the number of these types of people is FAR greater than what us "normal" people would like to believe it is. By giving civil servants these types of weapons, you are begging them to use them and to abuse them when they feel they can get away with it.

A grown man should never have to fire a high powered projectile into a woman's face if she is unarmed. If he does have to then he is a coward, in the wrong line of work and should be toweling off cars when they are pulled out of the bay. The time for discussion about police abuse, murder and maiming is at an end. The time for action is now.

They need to be held accountable in full for every crime committed while on duty and I would say they should face double the punishment should they choose to abuse the authority they are given by the COMMUNITY of taxpayers they work for. If it does not stop and they continue to not be held accountable, well............ I advise everyone who feels threatened to do as they must. Talk has become ultimately cheap in this regard.

The one genuine fear i have is being falsely accused and accosted
by law enforcement, they have accomplished their goal it seems.
People fear them and refuse to stand up for the rights they are
suppose to have because of that fear..... I really dislike that.

Just sad that we have to live in constant paranoia of getting that
one cop who had a bad day and decides to punish anyone he can
for that. Knowing that if it does happen we will not even be likely
to get justice in the end....

I keep saying this but we truly need a better option than infernal
affairs for policing the police.

Well, she obviously deserved it. Perhaps she had a record of some sort. Perhaps she said "no" to our Shiny Hero in Blue. Obviously she did SOMETHING, because he had to put handcuffs on her. Probably some sort of sass mouth. In which case, he has every right to do anything to her he chooses. She should thank him for being so restrained in his choice of virtuous reprisal. He would have been within his rights to stick his .40 in her mouth and put her brains on the car roof. How dare she backtalk him? It's only by his restraint and honor as a LEO that she got away so lightly, with her sight ruined. What does she need to see, anyway? She's a scofflaw, deserving of anything that she gets.

You wait, you'll see. The IA will vindicate his every choice, because he is beyond reproach. If you don't agree, you just don't understand the law. You can't use 20/20 hindsight - the Supreme Court has ruled that anything an officer chooses to do to you can be excused by saying "She was coming right at me". It's the split second judgement of the officer on the scene - perhaps he divined that she was about to expectorate some sort of body fluid in his direction, perhaps she interfered with him by impudently asking a question or making some sort of noise that obstructed his function as an officer. At any rate, it's clear that it was her fault.

reply to post by SaneThinking


Did you just advocate the killing of Police Officers? It sure seems like you did.

bigfatfurrytexan
Sounds like someone needs a JPX enema.

Seriously.....why would you even carry that as LEO? What purpose does it serve? If you need JPX, you need S&W instead.

You beat me to it! Almost exactly what I was thinking although I wouldn't confine it to the usual route of administration.
As the above posts says, we most likely just don't want to believe that there are so many twisted individuals out there with this type of authority. Until about 6 years ago, I honestly thought that such incidents as this, when reported, were probably exaggerated by the media or were simply isolated incidents in urban areas. Of course I knew there were bad cops, but the bad cops were corrupted by money, not the urge to dominate/torture/maim citizens. Then I was stopped by one of the power-crazed ones for no reason whatsoever. I honestly believe that he would have pulled his gun and shot me had I not assumed a completely submissive demeanor.
I was alone and was so shocked by the encounter that I didn't even have sense enough to get his name, badge or even the number of his vehicle. It was the first time in my life that I had feared a police officer.
My encounters since that first one have confirmed that I was so very wrong about today's officers. They are, for the most part, juiced on roids and on extreme power trips. Even my retired cop friends admit that they agree. They find it highly ironic that these roid heads are out arresting meth heads.

reply to post by XxCanexX


Civilians are targets at random.....

They keep killing, harming, assaulting, murdering and executing civilians and getting away with it soon the people are gonna have no choice but to protect ourselves against the only "GANG" anyone should be afraid of and thats the police.

So yes if it came down to getting these a-holes back in the right frame of mind and realizing it is us the people they serve and we do not have to bow down unless in the wrong to there authority, then I advocate for what ever gives us the right to live freely again without fear of jack booted thug P.O.S. getting away with murder paid for by tax payer dollars. So do I advocate the murder of good people not really do I think a war is waged against law abiding citizens yes, should we fight back, yes, will we.... eventually. Will it come to drastic measures you be the judge??? Are you happy with the current militarization of the police, is it right that every day the police kill an innocent person in north america, will there be eventual blow back, if we have back bones there will be!!!!!

SaneThinking

I don't know if there is any truth to this, but I was told that as a civilian, if I spray someone with pepper spray I could be sued. According to this guy, he told me that unless I had undergone a class on the proper use of pepper spray, the perp. could turn around and sue me.