Ex-Jailer Who Beat Man Gets Pension Hiked

A former Orange County Jail guard who beat an inmate so severely that he lost his spleen was awarded added pension benefits Monday when a judge ruled that job stress contributed to his retirement from the department.

Because of the ruling, James J. Piersante will receive half the estimated $2,000 a month he was earning in 1982, when the attack occurred.

Piersante, now 53, criminally assaulted inmate William E. Hinch in a jail stairwell. Hinch’s spleen had to be removed as a result of the attack, and Piersante was convicted of assault by a jury a year later and placed on probation.

The decision by Orange County Superior Court Commissioner Ronald L. Bauer requires the county’s Retirement Board to reclassify Piersante’s retirement, automatically increasing his benefits.

Asked for Ruling

Lawyers for the county urged Bauer to affirm the retirement board’s 1985 decision that Piersante deserved only the normal retirement benefits. Those benefits amounted to one-third of his last rate of pay.

Seth Kelsey, representing Piersante, argued that the guard realized that stress was a problem and several times requested a transfer from the jail before the assault took place.

“By putting him in that jail for 13 years they really exposed him to a situation that caused his disability,” Kelsey said.

Hinch sued the county and was paid an undisclosed sum to settle the lawsuit.

Piersante now works part-time outside of law enforcement. His wife is employed, Kelsey said.

“For (Piersante) it’s more than money,” Kelsey said. “It gives a little bit back to him psychologically. He lost a job, went through the humiliation of a criminal trial. I think at this point he probably will find a little more peace of mind.”

Deputy County Counsel Karen Warner said an appeal was being considered .