SPOKANE COUNTY, Wash. — Nearly a month after charges were officially filed against him, former Spokane County sergeant Clay Hilton quietly entered pleas Wednesday.
"Second degree assault, how do you plead?" asked Spokane County Judge Timothy Fennessy.
"Not guilty," Hilton responded.
"And count two: false swearing. How do you plead?" Fennessy asked.
"Not guilty."
KREM 2 News confirmed with Spokane County prosecutor Larry Haskell in August this marks the first time a Spokane County deputy has been charged with a crime committed while on duty.
The two charges stem from an incident in August 2023, when then-Sgt. Hilton was arresting Kevin Hinton outside Terrace View Park. Hilton informed Hinton, his body camera video shows, it was illegal to be in the Spokane Valley Park after hours. When Hinton attempted to shut his car door and leave, Hilton told him he wasn't free to go.
Hilton is charged with assault, after attorneys for Hinton said the officer beat him to the point where he suffered eight broken ribs, a punctured lung and a concussion.
The case was independently investigated by the Spokane Police Department as well as a contracted use-of-force expert and the Yakima County Prosecutor's Office, which recommended the charges.
Both concluded Hilton's actions were "excessive" and "unnecessary" according to charging documents.
The investigating expert, Jeff Noble, wrote the crime Hinton was accused of, being in the park after hours, is only an infraction in the City of Spokane Valley. That doesn't warrant a custodial arrest, Noble wrote.
Hilton is also accused of intentionally disregarding Spokane Valley's code in trying to charge Hinton and misrepresenting the city's law in a sworn charging document and police report.
Hilton's defense attorney, Bryan Hershman, calls this a situation that got out of control and never should've made it this far.
"Let's face it, in this woke culture in which we are a part, officers are getting charged with all kinds of things they never would've been charged with ten or fifteen years ago," he said.
Hershman says it's a case of "the tail wagging the dog" and began when Hinton failed to hand over his identification during the interaction.
Hinton, who watched the arraignment Wednesday, declined to speak with KREM 2.
"There's other facts and circumstances in the case. Like 'Get your hands off me' or whatever he said," Hershman said. "And voicing resistance and physically showing resistance."
He pushed back against what he said is the lack of probable cause in court, saying there's not enough to charge Hilton based on the findings of an expert. He said Hilton was acting within his duty as an officer, which he argues doesn't equal assault.
"It does say my client punched him in the face. Well you know what, sometimes that has to happen to gain compliance," Hershman told the judge.
"Council might have his view of what happened, however there's the affidavit by Sgt. Storment that clearly lays out, in detail, what happened here," said deputy prosecuting attorney Joseph Brown.
Charging document, which included the report of the SPD sergeant's independent investigation and the report by the use-of-force expert Noble, said Hilton's repeated punching of Hinton was "excessive" and "unnecessary."
Those court documents, which Brown echoed during the arraignment, said Hilton acted with a lack of remorse when he "taunted" Hinton, who sat bloodied on the pavement, telling him he "had something on his face."
In early September, the Spokane County Sheriff's Office fired Hilton, saying an internal investigation showed he violated policy.
The state agreed Hilton will stay out of jail on his own recognizance while the case proceeds.
When asked by KREM 2 about Hilton not being in custody at any point during the investigation or case, Hershman said it's not uncommon, even for defendants who are not law enforcement. He says he has numerous clients who are never arrested.
"My concern is the public is going to think he's getting some favored treatment because he's a police officer," Hershman said. "That's false. That's just false."
Hilton was administratively booked Wednesday after his hearing.
"He's going to get fingerprinted, how humiliating," Hershman said. "And he's going to get his booking photo taken."
Hilton is due back in court in two months to determine if both sides are ready for trial. For now, trial is set for December 16.