imagine that your 62-year-old father was driving late at night after 11 hours on
the road would you worry that he would fall asleep while driving hopefully he' just pull
over somewhere and take a nap if he was tired right well usually but not in Spokan County
Washington there's a crime to be in the park after hours this is considered the park so all
right I'll go find another place to watch a movie all right you got your idea on you real
quick no I don't you're not shutting the door you're not free to leave uh yeah I am you're
not I'm being rude yes and how is that how is that I'm trying to explain to you're in
the Park after hours and you're committing a crime that's a crime it is yes no it's not
you are going to get hurt you hit me so many times why why did you hit me cuz you weren't
listening 62-year-old Kevin Hinton had just driven 11 hours into his road trip back from
meeting his brand new baby granddaughter in Oregon he was too tired to continue driving
he couldn't keep his eyes open so he pulled over into a parking lot in Terren View Park in Spokan
Washington to take a nap shortly afterwards he would encounter Sergeant clay Hilton with the
Spokane County Sheriff's office within 3 minutes Hilton would forcibly remove Mr Hinton from his
vehicle in such a way as to leave him with eight broken ribs a punctured lung severe concussion
shoulder injury and a disfigured lip why because Sergeant Hilton thought he was being rude it was
after 10:30 p.m. on August 14th Hinton pulled into the parking lot at Terrace View Park to nap
he pulled off his shoes yanked the pillow over and turned on a movie to fall asleep to his pet
umbrella kakatu Lily was nested in the passenger seat at about 11:45 p.m. Spokan County Sheriff's
Office Sergeant clay Hilton shined a flashlight into the window of hinton's Audi and told him
he was committing a crime by being in the Park after hours how you doing good be an audio and
video recorded there's a crime to be in the park after hours this is consider the park so all right
I'll go find another place to watch a movie all right you got your idea on you real quick no I
don't you're not shutting the door you're not free to leave uh yeah I am you're not the two
exchanged some heated words and Hinton refused to tell the deputy his name or provide identification
3 minutes later the deputy yanked Hinton out of his car by his legs and hit him multiple
times while ripping a shirt and knocking out his false teeth the violent arrest left Hinton with
eight broken ribs a punctured lung a severe concussion shoulder injury and a disfigured
lip I'll post the raw use to force footage at the blog linked below as you know YouTube won't
allow me to post it without restricting the video don't blame me I don't make the rules but first
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docomo plan now back to the video I why are you ask acting like that because you're rude
not being I'm being rude yes and how is that how is that I'm trying to explain to you're
in the Park after hour and you're committing a crime that's a crime it is yes no it's not
want it's a civil offense it's not do you have your ID no I don't have my ID on me bu one I'll
take another I'm not you're not getting my ID for sitting in a parking lot now sorry yeah
so whose car are you in pardon me you're not shutting the door on me
I'm not shutting the door I'm rolling the window
down now you can shut my door I not shut in the
door I need your name you are not free to leave giving you my name
okay 5 I I'll take those let
go putting your shoes on for you're not going anywhere and why is that sir why
because you're refusing to tell me who you are and you're probably going to end up going to
jail oh for not giving you my name yep oh okay well then you have ADD it okay go and
S it for me turn around around face the car turn around face the car don't don't don't
put your hands on me pal listen you are going to get hurt I Len what I'm telling
you are you audio video recording this I already told you that get on the on
the ground you're under ARR what part of that did you not understand I didn't do
anything you hit me so many times why why did you hit me D you weren't listening
now you want to tell me your name oh my is cevin oh
please what's
that I don't know
make sure and take a picture of that sign right
there in what should be the most useful parts of this body cam footage Sergeant
Hilton turns off the audio of his body Cam and he's clearly discussing the incident providing
his own statements which could have been useful to investigators lawyers and judges afterwards
but we don't have it because the evidence was intentionally destroyed by him turning off the
audio in a civil lawsuit it may be possible to get a jury instruction here instructing the jury
that they may infer whatever is being said here by Deputy Hilton was adverse to his interests given
the fact that he chose to destroy the recording this is a good opportunity for the plaintiff's
attorney to just fill in the blanks for him in the most damaging way possible of course some
sometimes that works out for the best after the arrest Mr Hinton was beat up so bad that
the jailers refused to book him and instead sent him to the hospital police recommended
charges against Mr Henson for resisting arrest and obstructing a law enforcement officer when
the attorney brought the video of Mr hinton's encounter to the attention of prosecutors they
then promptly dropped the case hinton's attorney said it's not a crime to be in the park after
hours Spokan Valley city code lists trespassing in a park as an infraction punishable by a small
fine the attorneys also noted that it's arguable that Hinton wasn't even in the park because signs
listing park hours were on a fence enclosing the grassy area of the park while Hinton was actually
on the other side of the fence in the parking lot Hilton the deputy is 50 and was placed on leave
in late September once Spokan County Sheriff John noes was notified of the encounter by the
Spokan County prosecutor's office in his report regarding the arrest deputy Hilton wrote that
he smelled marijuana in the area there was no marijuana or any other intoxicating substances
found in Mr hinton's vehicle Mr Hinton has already lawyered up and has stated that he intends to file
a lawsuit what are the Constitutional violations here without a doubt this is an excessive force
violation which falls under the Fourth Amendment here was there any justification at all for force
to be used if so was the amount of force that was used reasonable there's a great case to be made
that absolutely no amount of course would have been reasonable here at all as there
may not even have been underlying Reasonable Suspicion or probable cause to detain Mr Hinton
in the first place his lawyers are claiming that even objectively speaking that no crime
was committed by Mr Hinton just sleeping in his car in this park if that's correct then
any amount of force and indeed the detention itself is going to be unreasonable under the
Fourth Amendment and therefore a Fourth Amendment violation assuming that Reasonable Suspicion did
exist under Washington state law we look then at the Grand factors Factor number one the severity
of the crime at issue if any crime is an issue it was as minor as it gets so not much force
is going to be justified Factor number two was there an immediate safety threat there was no
specific safety threat at all no threats were made Mr Hinton was not known to be armed or
dangerous there was no 911 call claiming that he did anything at all to anyone not much force is is
going to be justified Factor number three whether he was attempting to evade or resist arrest it's
not going to be enough for the officer because Mr Hinton because Mr Hinton overwhelmingly wins on
the first two gram factors but the officer does have an argument that Mr Hinton was engaging in
nonviolent evasion and resistance even so because of the first two factors not much force is going
to be justified the raw footage shows an extremely violent use of force that resulted in actual
serious injuries when one of these cases goes to a jury to decide reasonableness the judge will give
them an instruction that they should consider the nature and the seriousness of the pl's injuries in
order to determine whether the use of force was reasonable in addition to the video footage Mr
hinton's medical records and testimony about his injuries are going to overwhelmingly show that
the force used was excessive and unreasonable the point here and with many of these videos is that
this can and does happen to regular people not just criminals and this will continue to happen
if those responsible are not held accountable for their actions police officers are rarely
held accountable prosecutors are almost never held accountable and judges certainly aren't
accountable you can help fight against these government immunity doctrines that are standing
in the way by donating to The Institute for justice a link for which is in the description
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first time which is why I really do appreciate your input remember freedom is scary deal with
it