Body camera and cell phone footage from two camera angles shows a San Bernardino Police Department officer hitting a gas station clerk 16 times with a baton.
According to his lawyer, Billy Hill suffered broken bones in both men as a result of the repeated blows.
“We have to expect more,” said attorney Dale Galipo. “This is not a guy who had a gun or tried to hurt anyone or threatened or attacked anyone. The guy worked there.”
The violent altercation occurred on June 6 outside a Kwik Stop Food Market at 133 E. 40th Street in San Bernardino. Police said they were searching the area for a man who had crashed a possibly stolen motorcycle. Officers said Hill matched the suspect’s description in a video posted to their YouTube channel.
In the same video, the caller described the suspect as a white male wearing a black hat, black shirt and “maybe blue jeans.” Galipo said his client is not the hit-and-run suspect police are looking for.
Officers encountered Hill when they arrived at the gas station and claimed he spoke erratically during their initial conversation. After a brief conversation, an officer told Hill that he was being arrested, which led to a back-and-forth exchange between the officer and Hill.
When the officer asks Hill where the motorcycle is, he says his motorcycle is locked in his house. Police then handcuffed the employee, claiming he refused to comply with officers’ orders.
Another officer rushes to help as the first pair attempt to handcuff Hill. Two of the officers attempt to restrain Hill while the one who was yelling orders at him pulls out a taser.
While being shot with the taser, Hill tries to grab the device while simultaneously kicking the officer away.
“The use of the taser proved ineffective,” Sergeant Chris Gray said in the department’s YouTube video analyzing the incident. “He then chose to continue to resist arrest, which escalated the violence to the point where officers deployed the baton.”
The officer then draws his baton and begins hitting Hill’s legs while the other two officers hold him down.
“There’s resistance and there’s resistance,” Galipo said. “Someone is trying to fight with the police, hitting them, they have a gun, they’re reaching for the cop’s gun. That to me is different than someone who is a little bit tense. Maybe they’re naturally pulling back and trying to say they didn’t do anything wrong.”
Bystanders begin to shout: “Rodney Kingthe man who was brutally beaten by officers of the Los Angeles Police Department in 1991.
After 16 blows to his legs, Hill eventually falls to the ground. Officers detain him and arrest him for resisting an officer with violence. The department said Hill is a convicted felon with a lengthy criminal history that includes previous convictions for possession of a stolen vehicle, resisting arrest and resisting arrest with violence.
Police Chief Darren Goodman said in a statement that the department is investigating the arrest.
“We recognize the public’s concern and interest in this matter and ask for patience while we conduct a thorough investigation,” he said. “Our department is committed to maintaining transparency and accountability.”
Galipo believes the officer used excessive force and could have deescalated the situation with a calm conversation. Hill’s attorney said he will file a lawsuit against the city on Thursday. A lawsuit is a precursor to a lawsuit that gives the city 45 days to consider before Galipo can file a lawsuit.
