Los Angeles County sheriff's deputies to be retried for inmate beating

LOS ANGELES (KABC) -- Federal prosecutors intend to retry two Los Angeles County deputies in the 2009 beating of a jail inmate after a jury this week deadlocked 10-2 on the charges.

The federal jury on Tuesday did find deputies Joey Aguiar, 28, and Mariano Ramirez, 40, guilty of falsifying reports in relation to the beating. But jurors were split over charges of deprivation of rights under color of law.

Relying on witness testimony from a jail chaplain, prosecutors say that Aguiar and Ramirez kicked, beat and pepper-sprayed inmate Bret Phillips while he was handcuffed in Men's Central Jail on Feb. 11, 2009. The deputies and other jail officials had contended that the use of force was justified because the inmate was assaulting the deputies.

The retrial is expected to start Feb. 16, while sentencing for the felony charges of falsifying reports is expected in April.