Feds charge former Spokane County Sheriff’s sergeant who beat man sitting in car in city park

A former Spokane County Sheriff’s Office sergeant faces new federal charges on top of an assault charge in state court after being accused of badly beating a then-62-year-old man during an arrest.

A federal grand jury charged Clay V. Hilton, 52, with deprivation of rights under color of law and falsification of records in a federal investigation, according to an indictment filed last week in U.S. District Court for the Eastern District of Washington.

The deprivation of rights charge says Hilton punched and kneed Kevin Hinton in the head and torso, thus, depriving Hinton of his constitutional rights, including the right to be free from an “unreasonable seizure” and “unreasonable force” by a deputy.

The second federal charge indicated the day after the alleged assault, Hilton falsified a sheriff’s office field case report relating to his use of force against Hinton by stating, “I could see a folding knife in his driver’s door pocket and fixed blade knife between his seat and the driver’s side.”

The encounter at Terrace View Park on Aug. 14, 2023, left Hinton with eight broken ribs, a punctured lung, concussion and disfigured lip for what a Spokane Police Department investigation showed was at most a civil infraction – for being at a Spokane Valley park after dark.

Hilton shined a flashlight into the window of Hinton’s Audi that night and told him he was committing a crime by being in the park after hours.

The two exchanged words, and Hinton refused to tell the sergeant his name or provide identification.

Three minutes later, the deputy yanked Hinton out of his car by his legs and hit him multiple times while ripping his shirt and knocking out his false teeth.

Spokane County Sheriff John Nowels fired Hilton last year for his conduct.

Nowels also disciplined other officers who responded to the incident at Terrace View Park after an internal investigation showed some members of the sheriff’s office, including supervisors, failed to meet the department’s standards of conduct during and after the incident.

Hilton faces 20 years in prison and a $250,000 fine if convicted of the falsification of records charge. Deprivation of rights carries a maximum penalty of 10 years in prison and a $250,000 fine.

Hilton pleaded not guilty to the charges Tuesday during his initial appearance and arraignment via video conference in Spokane, according to court documents. U.S. Magistrate Judge Alexander Ekstrom presided in Yakima.

Hilton’s attorney, Bryan Hershman, who is also representing Hilton in the state case, called his client an honorable and humble man.

“I consider these charges to be very unfair,” Hershman said Wednesday of the federal charges.

Hershman said his client has a “very substantial defense.”

“This whole case is so aggravating to me as a defense lawyer and as a citizen,” said Hershman, who’s based in Tacoma. “I got a client who had the audacity to enforce the law and apparently in today’s environment, citizens are allowed to say no. It’s very weird.”

Hilton was arrested, “administratively” booked and immediately released Tuesday, Hershman said. Ekstrom quashed Hilton’s arrest warrant during Tuesday’s hearing.

Stephanie Van Marter, who was serving as acting U.S. Attorney for the Eastern District of Washington before Pete Serrano assumed the position, declined to comment on the active case.

Hilton is scheduled for trial in March in Spokane County Superior Court on felony second-degree assault and misdemeanor false swearing for making a false statement in a police report. Hilton faces a maximum of 10 years in prison and a $20,000 fine if convicted of the assault charge.

Hinton filed a federal lawsuit last year against Hilton, the sheriff’s office and other entities. That civil case is pending.