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'The most egregious abuse of power' | Lawyers of man beaten by Spokane County sergeant speak on alleged excessive force

A 62-year-old man was beaten so badly by a Spokane County sergeant, the jail refused to take him in. Now, he's planning to sue the county for excessive force.

SPOKANE, Wash. — The following story contains imagery that could be disturbing to some viewers. Discretion is advised.

"I can't, I can't."

"Guys, please. I didn't do anything."

"You hit me so many times. Why did you hit me?"

These are the words of a 62-year-old man who was beaten so severely by a Spokane County sergeant the county jail refused to take him in. Now, he's planning to sue the county, claiming the sergeant used excessive force during their interaction.

Attorneys Josh Maurer and Timothy Note represent the 62-year-old victim, who asked KREM 2 not to use his name but allowed us to share the body cam video. Note said the video shows "the most egregious abuse of power" he's seen in his 20-year career.

Attorneys say the 62-year-old man had just driven 11 hours and pulled into Terrace View Park in Spokane Valley on the night of August 14 to take a break. That's when a SCSO sergeant approached the driver's side window of his car. 

"It is a crime to be in the park after hours. This is considered the park," the sergeant says. "Alright, I'll go find another place to watch a movie," the 62-year-old responds."

"Do you have your ID on you?" the sergeant asked. 

The man said no and tried shutting his car door, at which point the sergeant said he was not free to leave. He then asked the man for his name, which he declined to give. The 62-year-old starts his car, telling the sergeant he wants to roll down his window.

"Admittedly, he could have simply given him his name but regardless of whether or not he gives him his name and identifies himself completely with the officer, that stimulus doesn't match what comes after that," Maurer explained.

The two men continued arguing and the situation eventually escalated.

"You are refusing to tell me who you are, and you are probably going to end up going to jail," the sergeant tells him. "Oh, for not giving you my name?" the man responds. "Oh, okay then. Well, you have at it," the 62-year-old says.

The man steps out of the car and the sergeant attempts to handcuff him. 

"Turn around and face the car," the sergeant says. "Don't put your hands on me!" the man responds. The 62-year-old is then taken to the ground.

"[The sergeant] then kneed him in the ribs, breaking eight ribs, puncturing a lung and separating three from the sternum," Note said.

In addition to suffering a concussion, the 62-year-old was so severely beaten to the point that his attorneys told KREM 2 the jail refused to take him in. He spent days in the hospital.

"I've been doing criminal defense work for almost 20 years at this point in Spokane," Note stated. "This is the most egregious abuse of power in any case that I have been involved with." 

Spokane County prosecutors agreed to drop all charges against the man, which included being in a public park after hours and obstructing.

SCSO announced Friday that the sergeant involved in this incident has been placed on administrative leave. The Spokane Police Department is conducting an independent investigation into the incident. KREM 2 News has decided not to name the sergeant since he is not been formally charged with a crime. 

“Allegations of misconduct by law enforcement are very concerning to our community and myself.  That is why I immediately asked the Spokane Police Department to investigate the actions of the Sergeant independently," Sheriff John Nowels said in a statement. "I trust the Spokane Police Department to conduct a thorough, complete, and unbiased investigation into the Sergeant’s actions and this incident.  All reports and body-worn camera video have been turned over, and we will continue to cooperate with investigators.  An internal investigation will be conducted following the completion of the independent investigation, which is standard policy.”

This is a developing story. Check back for updates.

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