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Sergeant's report details concerns of knife, man resisting August 14 arrest

A report, written by arresting Sgt. Clay Hilton, details his version of an incident that led to excessive force allegations.

SPOKANE, Wash. — For the first time since excessive force allegations came out in early October, Spokane County Sgt. Clay Hilton's version of what happened August 14 has been revealed.

That revelation did not come from an interview with the sergeant, but in his written report of the arrest. That report was obtained by KREM 2 News through a public records request.

Attorneys for a man who accuses Sgt. Hilton of beating him so severely he was hospitalized for days, first told KREM 2 of the excessive force allegations October 6. Attorneys Timothy Note and Josh Maurer provided body camera footage of the arrest outside Terrace View Park, with Note calling it "the most egregious abuse of power in any case that I have been involved with." 

KREM 2 News is not naming the man arrested per his request to not be identified. The Spokane County Prosecutor's Office dropped the charges against him, including obstructing and being in a park after hours.

Hilton's report begins with him observing a grey Audi parked in the Terrace View Park lot around 11:47 pm. That's after legal hours, Hilton noted in the report. The sergeant wrote he smelled the "strong odor of burnt marijuana" near the car.

Hilton writes the man inside the car was "instantly confrontational." 

"You got ID on you?" Hilton asked in his body camera video of the incident. 

"No I don't," the man replied.

"You're not shutting the door, you're not free to leave," Hilton said as the man reaches for his car door.

"Uh, yeah I am," the man responded.

In his report, Hilton noted a folding knife in the driver's door pocket and a fixed blade knife slightly behind the driver's seat.

Hilton said he requested backup because of the man's "confrontational demeanor and having access to edged weapons."

In the video, Hilton again asks for the man's identification or name and warns him he could go to jail, at one point telling the man "you are going to get hurt."

Hilton wrote he advised he was arresting the man for "not complying to my lawful demands" and that the man physically resisted. Hilton details pulling the man out of the car by his legs and hitting him with a closed fist to the face, "fearing [he] was attempting to gain access to a weapon."

Hilton said the man continued to try to stand up. In the video, you can hear Hilton telling the man to get on the ground and that he's under arrest. 

Hilton admits in his report he kneed the man twice in the side and hit him twice more in the head before the man laid on his stomach. He says the man appeared to be reaching for his waistband.

The Spokane Police Department is investigating the allegations against Hilton.

According to a separate search warrant obtained by KREM 2, Sheriff John Nowels requested an investigation October 3 for potential criminal charges against Sgt. Hilton. The search warrant from SPD asks permission to search Hilton's patrol vehicle and locker, specifically looking to seize his gear and duty weapons. 

The warrant details a concern from attorney Note that Hilton may have been wearing gloves with plastic reinforcements, which could increase likelihood of injuries. An SPD officer writes he's looking to seize the gloves and gear Hilton would've worn during the arrest.

Hilton remains on administrative leave during the investigation. The Spokane County Sheriff's Office has declined to comment further on the matter, citing advice from legal counsel.

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