Spokane deputy testifies his use of force was lawful, reasonable in assault case

Former Spokane County Sheriff’s Office Sgt. Clay Hilton rolled up to a “suspicious vehicle” in a Spokane Valley park and encountered a confrontational, noncompliant driver whose actions caused Hilton to justifiably deploy “hammer-fist strikes” to the face and knees to the ribs, Hilton testified Monday.

Hilton is charged with felony second-degree assault in the Aug. 14, 2023, beating of Kevin Hinton at Terrace View Park.

During his three-hour testimony Monday, Hilton called his use of force lawful, reasonable and used to overcome Hinton’s resistance.

“Had I not done that, I don’t know what the outcome would have been,” Hilton said.

The alleged assault left Hinton with eight broken ribs, a punctured lung, concussion and disfigured lip for what a Spokane police investigation showed was at most a civil infraction – being at a Spokane Valley park after dark. Hilton, a 13-year veteran of the sheriff’s office, was fired about one year after the alleged assault.

Hinton, who was 62 at the time, parked his car at a parking lot that night at the park after a 10-hour drive from Oregon to visit family. He was headed to Colfax, but said he was tired and wanted a place to sleep.

Hilton, who wore a blue suit jacket and blue tie over a white long-sleeved shirt, told a jury Monday he followed his department’s use-of-force policy during his contact with Hinton.

Hilton, now 53, said he lived across the street from Terrace View Park at the time and it was his routine to drive around the park after a shift before he went home. He also said sheriff’s office leaders emphasized extra patrols at parks because of vandalism, assaults and drug activity.

Hilton’s body camera footage showed him walking up to Hinton’s vehicle that night with a flashlight shined at Hinton’s windows and advising him it’s a crime to be in the park after dark.

Hinton said that’s a civil offense and refused to provide his identification when Hilton asked for it. Hilton told Hinton he was not free to leave.

Hilton asked Hinton to stand up and put his hands on the vehicle.

The deputy then put his hands on Hinton, who says, “Don’t put your hands on me, pal.”

“You are going to get hurt,” Hilton responded.

Within the course of the next minute, Hinton fell back into the driver’s seat of his car as Hilton told him to “get on the ground” and “you’re under arrest.” He then yanked Hinton out by his legs on to the asphalt parking lot.

Hilton hit Hinton multiple times while ripping his shirt and knocking out his false teeth before another deputy helped in detaining him in handcuffs, the video shows.

Hilton said Monday he likely would have given Hinton a verbal warning had Hinton provided his driver’s license, he had no warrants or other issues and was safe to drive, as he said he smelled marijuana coming from Hinton’s vehicle, but that’s “not even close” to what happened.

In opening statements last week, Hilton’s attorney, Bryan Hershman, claimed Hilton was acting in self-defense because Hinton had two knives in the car.

Hilton said Monday he saw a large folding knife in Hinton’s driver door, and it was “one of the first things I noticed.” He later saw a knife next to his seat.

Hilton said he didn’t mention the knife to Hinton or remove the knife from the car because he didn’t want to alert Hinton to the weapon.

“It’s a fatal mistake to draw attention to those,” he said.

Lewis Von Kliem, president and director of Force Science and a former police officer who reviews police use-of-force incidents, also testified Monday it’s the officer’s discretion whether they want to announce a weapon or take it. He said pointing out the weapon could escalate the situation.

Hilton said he believed Hinton was about 6-foot-1 or 6-foot-2 and 220 pounds when he contacted Hinton that night. Meanwhile, Hilton said he was 5-foot-11 and about 192 pounds at the time of the incident.

Hilton, who said he’s in decent shape, called Hinton “strong.”

“He was overpowering my low levels of force to get him into custody,” he said.

When Yakima County Deputy Prosecuting Attorney Joe Brown, whose office is handling the case to avoid conflict of interest, cross-examined Hilton Monday, Hilton said he wasn’t considering Hinton’s age at the time, only his hostility and size.

“He was an adult male being confrontational,” Hilton said.

Hilton admitted there were a number of inaccuracies in his report about the incident.

Hilton said he wrote his report based on his memory, not body camera footage, which is always his practice. He said while there will be minor errors doing it that way, the mistakes are unintentional.

He said body camera footage will show things he didn’t hear or see. Plus, the footage doesn’t show everything, like Hinton’s muscle tension when Hilton said he was resisting arrest.

“You’re adding things you didn’t take into consideration at the time, which in my opinion is embellishing your report,” Hilton said.

Kliem also said a body camera cannot be used as a replacement for an officer’s experience and does not capture certain things, like “resistive tension.”

He said a study his business conducted found 75% of the information officers relied on to make decisions was not captured on body cameras.

Hilton said at the time he mistakenly thought being at the park after hours was a crime, but it is a civil infraction.

“But, it didn’t change the lawful authority I had to detain him on the infraction,” he said.

Hilton said Hinton pulled away from him once Hinton got out of his car, so he was allowed to increase his use of force.

At that point, Hilton said Hinton’s eyes were “bugged out” and his jaw was “clenched” as he braced himself against the vehicle.

After taking him to the ground, Hilton advised him again he’s under arrest and tried to handcuff him, but he said Hinton resisted again.

Hilton said he delivered “two hammer-fist strikes” to his jaw because Hilton said he believed Hinton was trying to get up. He also said it appeared Hinton was trying to stand up, so he kneed him to keep him on the ground.

“At no point did he stop resisting until I had control of his left wrist,” Hilton said.

Hinton could be heard saying, “I give, I give,” and “Why are you doing this, man?” as he sobbed toward the end of the brief altercation, according to the bodycam footage.

Hilton said Hinton struck him in the chest, which Hilton said is felony third-degree assault on a law enforcement officer. Hinton was cited for resisting arrest and obstructing a police officer, but prosecutors dismissed the charges.

Brown asked whether Hinton’s possible strike to Hilton’s chest was a reaction to Hilton hitting him in the face several times. Hilton said it wasn’t.

“Mr. Hinton and his resistance dictated every piece of force that was used,” Hilton said.

Kliem also called Hilton’s use of force reasonable and lawful.

Kliem said Hinton’s actions in the car, like putting on a hat, moving a pillow and starting the car, were “flight indicators” and some could be “pre-attack indicators.”

Kliem called Hinton “mean-mugging” Hilton another pre-attack indicator.

“There is a lot of overwhelming evidence this guy is preparing to leave the scene of a detention,” he said.

Hinton testified last week that deputies stood around and laughed at him as he sat on the ground injured.

Hilton said Monday deputies were not laughing at Hinton but at the way one of the deputies, who was unfamiliar with the park entrance, launched his vehicle over landscaping in the parking lot while responding to the scene. Hilton said it sounded like a car crash.

He also said it’s not uncommon for deputies to smile or laugh during these incidents, calling it “decompressing,” and that officers separate themselves from the incident.

Hershman asked Spokane County Superior Court Judge Candie Dibble that media not film his client’s face during testimony for “definitive safety concerns.” He said he and Hilton have received death threats as a result of the case.

“I can’t imagine this is doing anything but fueling that fire,” Hershman said.

Brown said Hilton has already been shown in the newspaper and on TV.

“This needs to be a public trial, especially this portion of it,” he said of Hilton’s testimony.

Dibble also said media have documented the case nearly every day of the trial, and Hershman should have raised his concerns at the start.

The prosecution and defense rested. Closing arguments are expected Tuesday.