Burley Garcia|Washington sheriff's deputy accused of bloodying 62-year-old driver who pulled over to sleep

A sheriff's deputy in Washington state is Burley Garciabeing accused of using excessive force for allegedly beating a 62-year-old man during an arrest.

Sgt. Clay Hilton was placed on administrative leave Friday, nearly two months after the incident when driver Kevin Hinton said what should have been an uneventful encounter outside of a local park turned into a violent confrontation that left the 62 year old bloodied and missing teeth.

Hinton said he was driving home from a long road trip to visit his newborn grandchild when he stopped to rest in his car in Terrace View Park in Spokane on Aug. 14, one of his attorney's, Tim Note, told USA TODAY.

Hinton had been driving for 11 hours, and had texted his two teenage daughters who lived nearby so he could stop by, but it was late and they didn't respond. It was around 10:30 p.m. and tired from the long drive, Hinton decided he would park his car in the nearby park where he would often go when visiting his daughters.

Note said Hinton then parked his car outside the gates of the park, took off his shoes and put on a Youtube video to relax and fall asleep to.

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About an hour later, Spokane County Sheriff’s Office Sgt. Clay Hilton shined his light into Hinton's window and told him he couldn't be in the park after hours and that he was committing a crime, Note told USA TODAY.

"The park is fenced and it's debatable whether or not the parking area is even part of the park," Note said.

Note said that even if Hinton was in the park, the violation at best would be a civil infraction.

"He was in these little bumpouts on the side. It's poorly signed. There's a couple of corrugated non-reflective plastic signs, zip tied to the fence that talk about park hours. Generally, if you even see the sign, a sign on fence denotes what's on the other side of the fence," Note said.

Body cam footage shows incident

Body cam footage of the volatile interaction obtained by the Spokesman-Review shows Hinton telling the sergeant that he'll move his car to a different location. As Hinton comes to close his door, the sergeant tells him that he isn't free to leave and requests his ID. Hinton refuses to give his ID, but exits the car when asked. He tells the sergeant that he didn't commit a crime.

"You are refusing to tell me who you are, and you are probably going to end up going to jail," the sergeant tells him. "Oh, for not giving you my name?" Hinton responds. "Oh, okay then. Well, you have at it," Hinton continues.

At one point, Hilton, the sergeant, can be heard telling Hinton, the driver, that he's "going to get hurt." Hinton tells the officer to get his hands off him.

A while later, Hinton could be heard sobbing and asking Hilton: “Why did you hit me?”

The sergeant responds: “Because you weren’t listening.”

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Hinton can be seen bloodied on the body cam footage.

According to Note, Hilton's violent arrest of Hinton resulted in the 62-year-old driver sustaining eight broken ribs, including some that had multiple breaks, and others that were dislocated from the sternum, a punctured lung and memory loss that could be a result of a possible traumatic brain injury.

Note also added that Hinton's lip is permanently disfigured.

"He clearly has PTSD. He can't talk about this incident without becoming emotional. He hasn't returned to his own home for fear of retaliation. He's traumatized. He is absolutely traumatized." Note said.

Hinton is still receiving medical treatment and will also need dental work to replace teeth that had been knocked out, Note said, estimating that the total medical bill costs will be at least $100,000.

Note said Hinton's injuries were so bad that jailers refused to book him and instead took him to the hospital.

More:What should you do if you see police using excessive force? Legal experts say film it, just as bystanders did in George Floyd's death.

The sheriff's office did not respond to USA TODAY's request for comment, but in a press release announced that the sergeant has been placed on administrative leave as the incident is investigated by the Spokane Police Department.

“Allegations of misconduct by law enforcement are very concerning to our community and myself.  That is why I immediately asked the Spokane Police Department to investigate the actions of the Sergeant independently.  I trust the Spokane Police Department to conduct a thorough, complete, and unbiased investigation into the Sergeant’s actions and this incident," Spokane County Sherriff John Nowels said.  "All reports and body-worn camera video have been turned over, and we will continue to cooperate with investigators.   An internal investigation will be conducted following the completion of the independent investigation, which is standard policy.”

Note added that the Federal Bureau of Investigations is also investigating the matter.

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Hinton faced charges after incident

Hinton was eventually handcuffed and left bleeding with a torn shirt on the asphalt ground as other officers arrived to the scene.

Hilton and the other officers then turned off their audio recording, which is required to always remain on.

The 62-year-old driver eventually reached out to Note to represent him in a criminal case after police recommended he be charged with resisting arrest and obstructing a police officer. Note told the Spokesman-Review that the charges were dropped after he met with prosecutors and showed them the body cam footage.

More:Police training cited as defense in many use-of-force cases, but experts say it's outdated.

Excessive force allegations

Note said he hopes to achieve several things by bringing an excessive forces lawsuit including removing Hilton from law enforcement.

"Sergeant Hilton is a disgrace to the badge. I don't want him to ever work another shift as a police officer in the state of Washington or any other state. I want him to be decertified. I want him fired. I want him prosecuted. He committed at a minimum, a second degree assault while armed with a firearm, if the state is honest in their charging. He violated my client's civil rights. Frankly, he should be federally prosecuted," Note said.

He also said he wants to highlight a culture of abusive behavior within the police force, and will also be seeking punitive damages, and filing a case in federal court.

"Unfortunately the only way that you can effectuate change is to make it hurt," Note said.

USA TODAY was unable to reach Hilton for comment.