SPOKANE, Wash. — It's been six months since a 62-year-old man was severely injured while being arrested by a Spokane County Sheriff's deputy.
In those six months, his attorneys said he's been too afraid to sleep at home.
Spokane police are recommending second-degree assault charges be filed against Spokane County Sheriff Sgt. Clay Hilton after his body cam footage appeared to show him beating 62-year-old Kevin Hinton during an arrest. The case has been sent to an out-of-county prosecutor for review, but the attorneys representing Hinton said the incident left him shaken to the core.
"I think there is a sense of being thankful that someone, an independent investigator, has reviewed this case and sided with him and concluded that felony charges are appropriate," attorney Josh Maurer said.
On Aug. 14, 2023, Hinton pulled off at Terrace View Park to take a nap after driving for 11 hours. According to reports, Sgt. Hilton noticed Hinton was parked at the park after hours, which is not allowed. Sgt. Hilton approached Hinton, woke him up and told him he was not allowed to be at the park.
Then, Sgt. Hilton asked Hinton for his license. Hinton's attorneys admitted he was annoyed at the deputy's request, and offered to move his car instead of handing over his license.
Hinton's attorneys said what happened next never should have happened.
Sgt. Hilton's body camera shows him pulling Hinton to the ground and repeatedly striking him. Hinton suffered eight broken ribs, a punctured lung and a concussion, among other injuries. He was in such bad shape the Spokane County Jail refused to book him, and instead sent him to the hospital, were he stayed several nights.
"I think its obvious that he committed a second-degree assault. I'm surprised that it took them six months to come to that realization," attorney Tim Note said. "There is nothing that our client could have done to precipitate the beating he received."
Deputies originally city Hinton with with resisting arrest and obstructing a police officer, but the charges were later dropped.
Note and Maurer told KREM 2 Hinton is still shaken.
"Since this incident, which is now over six months ago, our client has not returned to his home, and the only reason he hasn't returned to his home is because he knows that Deputy Hilton has his personal address, and he is in fear for his safety based on what happened to him," Maurer said. "That if he's at his home, its somewhere where he can be found and can be retaliated against."
Maurer and Note also question why it took until several weeks after the incident until Hilton was placed on leave and for the sheriff's office to send the case to Spokane police to review.
"We're also aware that other members of the sheriff's office had viewed this video and not one representative with the sheriff's office, before we took the body camera to the prosecutor's office, came forward and said, 'Hey, we've got a problem here.' 'Hey, this is bad,'" Note said. "It was approved and it was swept under the rug and viewed by multiple members of the sheriff's office with no red flags being raised."
KREM 2 reached out to the sheriff's office for further comment on the incident, but the office declined to comment..
Spokane County Sheriff John Nowels issued the following statement about the incident on Wednesday:
I thank the Spokane Police Department for their professionalism while conducting this independent and thorough investigation.
I know and understand misconduct allegations are of great concern to our community. Again, I assure you that claims of misconduct are, and will be, taken seriously. That’s why I requested the Spokane Police Department investigate this incident independently.
In addition, now that the criminal investigation has been conducted, I ordered the Spokane County Sheriff’s Office of Professional Standards to begin a comprehensive internal investigation to identify any and all policy violations and what changes or possible training is needed moving forward. As per policy and Washington State Civil Service law, Sergeant Hilton remains on paid administrative leave during this time, pending the internal investigation.
I again ask you, the community we serve, for your patience as this continues through the criminal justice system and our internal investigations process. We must ensure the rights of everyone involved are protected while resisting the urge to rush toward judgment.
I have, and always will, uphold my sworn oath. I am honored by the enormous trust you have bestowed upon me and everyone at the Sheriff’s Office. We will continue to provide you with the highest level of service you deserve and expect.
Spokane County Prosecutor Larry Haskell told KREM 2 he is sending the case out of the county for review. At this time, it's unclear if criminal charges will be filed against Hilton.
Hinton's attorneys said they plan to file a civil rights lawsuit.
Watch KREM 2's extended interview with Hinton's attorneys using the player below:
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