Kevin Hinton is allegedly beaten by Spokane County Sheriff's Sgt. Clay Hilton; a message from the sheriff's office's Facebook page appears inset. (Spokane County Sheriff's Office; Facebook)
A sheriff's office in Washington state unpublished its Facebook page after being criticized in the aftermath of releasing body-worn camera footage showing a deputy bloodying a 62-year-old man.
On the night of Aug. 14, Kevin Hinton was sitting in his car at Terrace View Park in Spokane Valley when a member of law enforcement approached him, the footage shows. Eventually, Hinton was dragged out of the vehicle by his legs, put on the ground, and then pummeled in the face by the sheriff's deputy recording the encounter.
"You hit me so many times," the victim can be heard saying – fear palpable in his voice. "Why? Why did you hit me?"
"Because you weren't listening," the deputy replies.
On Sept. 29, Spokane County Sheriff's Office Sergeant Clay Hilton, 50, was placed on administrative leave pending an excessive force investigation. That same day, Spokane County Sheriff John Nowels was notified of the incident by the Spokane County Prosecutor's Office, which had just met with "a local defense attorney," the sheriff's office said in a press release on Facebook on Oct. 6.
"Allegations of misconduct by law enforcement are very concerning to our community and myself," Spokane County Sheriff John F. Nowels said. "I want to assure the public we serve that this investigation will be complete and that the rights of all individuals involved will be protected."
An outside investigation, the sheriff said, would be conducted by the Spokane Police Department. An internal investigation into the incident would be conducted by the sheriff's office as well.
The arrest left Hinton with eight broken ribs, a punctured lung, a severe concussion, an injury to his shoulder, and a disfigured lip, according to the man's attorneys. In the footage, Hinton's face visibly bleeds. His shirt was also visibly ripped. Something is knocked out of his mouth. Hinton's attorneys say those were his dentures.
At the same time, the body-worn camera footage was published.
In the video, the deputy tells Hinton he can't be in the park after hours. The man then tries to leave, drinks from a travel mug, and says he'll find somewhere else to watch a movie but is stopped.
"You're not shutting the door, you're not free to leave," Hilton tells the man.
"Uhh, yeah, I am, why are you acting like that?" Hinton asks.
The scene escalates as the deputy demands the man's name. The man refuses to give it to him. The man is told he is probably going to jail, so he stands up but tells the officer to keep his hands to himself. Then a struggle ensues.
The footage is violent. The 62-year-old frequently expresses his confusion and fear as he is punched over and over.
Hundreds of comments critical of Hilton were then posted on the sheriff's office Facebook page, according to The Spokesman-Review. Some of those comments were allegedly threatening, the sheriff's office told the paper. Then, the sheriff's office took down their Facebook page for several days. Spokane County Sheriff's Office spokesperson Cpl. Mark Gregory, who is in charge of the Facebook page, said some posts were vulgar. Multiple comments critical of the deputy linked to "a monetized YouTube personality who often criticizes police," the local paper reported.
Before the online uproar, Hinton obtained legal counsel. He had been charged with resisting arrest and obstructing a law enforcement officer. After his attorney in the criminal case reviewed the footage with Chief Criminal Deputy Prosecutor Preston McCollam, the charges were dismissed with prejudice, the Review reports. The charges against the 62-year-old cannot be refiled.
"He was almost beaten to death for a $50 infraction," attorney Tim Note told the paper.
Note and fellow attorney Josh Maurer are preparing a lawsuit against the sheriff's office, according to the Review.
On Sunday, the SCSO Facebook page reappeared.
"We're back!" the sheriff's office said in a Facebook post on Sunday. "We apologize for not having our page up the last few days. It was unpublished due to a large amount of spam, abusive/profane language, threats, and attacks on people/posters in our community. This type of activity is a violation of our Social Media Disclaimer Policy as a Limited Public Forum and generally the policy of Facebook. Due to the disruption of these posts and our desire to protect everyone's rights, the decision was made to unpublish the page to consult with our legal advisors."
The welcome-back post also referenced the underlying incident involving Hinton and the sheriff's deputy.
"At this time, the independent investigation into an incident that occurred between a Sheriff's Office Sergeant, who remains on administrative leave, and an adult male occupant of a vehicle continues," the post reads. "Until the investigation is concluded and all facts and evidence have been learned and documented, we have been advised by legal counsel not to make any additional statements. We must protect the integrity of the independent investigation and work to uphold the rights of everyone involved. We ask everyone for your patience during this time. Thank you."
