Raleigh man beaten by law enforcement sues state

A Raleigh man beaten by law enforcement officers during an April confrontation filed a lawsuit Tuesday against the state Department of Public Safety.

Kyron Dwain Hinton is seeking unspecified damages in the complaint filed with the North Carolina Industrial Commission, which handles tort claims against the state. State law caps damages awarded by the Industrial Commission at $1 million.

Hinton, 29, said he suffered a broken eye socket, broken nose, multiple cuts on his head, "probably 20 bite marks" and memory loss during the April 3 incident when several officers pushed him up against a patrol car and beat him up while a Wake County Sheriff's Office K-9 bit him on his right arm, side and head.

Officers were responding to reports of a man with a gun yelling at passing cars near the intersection of North Raleigh Boulevard and Yonkers Road when they confronted him.

State Highway Patrol troopers Michael Blake and Tabithia Davis and Wake County Sheriff's Office Deputy Cameron Broadwell have been indicted on charges of assault with a deadly weapon inflicting serious injury and willfully failing to discharge duties. Broadwell also faces a charge of assault inflicting serious bodily injury.

Dashboard camera videos from patrol cars at the scene show Broadwell hitting Hinton as his K-9, Loki, takes Hinton to the ground.

During the ensuing scrum with several officers, one officer is seen kicking Hinton, while another can be seen punching him as he refuses to give in to law enforcement.

In the audio for several dashcam videos, including Broadwell's and Blake's, someone repeatedly issues an order to hit Hinton in the head.

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The indictments allege Broadwell and Blake beat and kicked Hinton and that Davis hit him with her flashlight.

No gun was found on or near Hinton.

Blake and Davis were fired last month following an internal investigation of their actions.

Hinton's attorney, Donald Huggins Jr., said getting Blake and Davis off the force is a first step but doesn't make up for what Hinton has suffered.

"You have outstanding medical bills that need to be paid for. You have an ongoing emotional component and mental health component," Huggins said. "He went through a traumatic ordeal, and an individual has to be made whole, and sometimes you have to do that with money essentially in order to get them the help that they need."

Hinton alleges DPS, which oversees the Highway Patrol, was negligent in its training and oversight of Blake and Davis and should have previously fired Blake, who had been accused of using excessive force in other cases.

"Defendant knew, or should have known, that Trooper Blake had a propensity to engage in extreme and outrageous behavior, and had previously engaged in open and notorious unlawful activity," the complaint states.

An affidavit filed by a State Bureau of Investigation agent in the case noted that Blake has admitted to being the subject of one previous use-of-force investigation but said he was cleared of criminal wrongdoing. The SBI said it is aware of other excessive force complaints against him.

Hart Miles, one of Blake's attorneys, said that he and other law enforcement officers believed Hinton possibly had a gun and was "clearly at risk for being hit by a vehicle," based on calls made to 911.

"Mike served in law enforcement for 15 years and is a military veteran who fought for the United States in Kosovo and Afghanistan. He is a father and husband who was terminated from his job before this case was thoroughly investigated. Mike looks forward to confronting the allegations against him in court and is pleading not guilty," Miles said in an email.