Retrial begins for sheriff's deputy accused of assault

A retrial began today in Indio Superior Court for a San Bernardino County sheriff's deputy accused of holding a gun to another driver's head in an off-duty traffic dispute.

In April, when Richard Heverly's case first went to trial, a jury deadlocked in its deliberations and a mistrial was declared.

Heverly, 43, of La Verne, is charged with four felonies for allegedly holding a gun to a tow-truck driver's head in August 2008 in a fit of road rage on the 10 Freeway about 50 miles east of Indio.

The tow-truck driver testified during a preliminary hearing that Heverly flashed his badge at an accident scene and said it entitled him to direct traffic.

When the tow-truck driver didn't comply with Heverly's demands, Heverly held a gun to his head and threatened to kill him, the driver testified.

A judge ruled today on several motions brought by attorneys in the case. The case will next be in court Monday, when attorneys will begin choosing jurors.

Heverly is assigned as a deputy to West Valley Detention Center in Rancho Cucamonga.