San Bernardino police officer uses baton to beat gas station clerk to the ground

Body camera and cell phone footage show two angles of an officer from the San Bernardino Police Department beating a gas station clerk with a baton 16 times.

The repeated strikes broke bones in both of Billy Hill's, according to his attorney.

"We have to expect better," attorney Dale Galipo said. "This is not a guy who had a weapon or was trying to hurt someone, threatened or attacked someone. The guy worked there."

The violent encounter happened on June 6 outside of a Kwik Stop Food Market at 133 E. 40th Street in San Bernardino. Police said they were in the area looking for a man who 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 man with a black hat, black shirt and "maybe blue jeans." Galipo said his client was not the hit-and-run suspect police were looking for.

Officers encountered Hill when they arrived at the gas station and claimed he was speaking erratically during their initial conversation. After briefly talking to him, an officer told Hill he was being detained, starting a back-and-forth between the officer and Hill. 

After the officer asks Hill where the motorcycle is, he says his motorcycle is locked up in his house. The police then moved to place the clerk in handcuffs and claimed he refused to comply with officers' commands. 

Another officer then runs in to help while the initial pair struggles to place the handcuffs around Hill's wrists. Two of the officers try to restrain Hill while the one who barked orders at him pulls out a taser.

While getting tasered, Hill attempts to grab hold of the device while also kicking the officer away. 

"The use of the taser proved to be ineffective," Sergeant Chris Gray said in the department's YouTube video breaking down the incident. "He then made the choice to continue to resist arrest, which furthered the escalation of force to the point officers utilize the baton."

The officer then pulls out the baton and begins to strike Hill's legs while the two other officers hold him. 

"There's resisting and there's resisting," Galipo said. "Someone's trying to fight with the police, punch them, they have a weapon, they're reaching for the officer's weapon. That's different to me than someone who's tensing up a little bit. Maybe, naturally pulling away, trying to say he didn't do anything wrong."

Bystanders start to shout "Rodney King," the man who was viciously beaten by Los Angeles Police Department officers in 1991. 

After 16 strikes to his legs, Hill finally falls to the ground. Officers then arrest him and book him for resisting an officer by force. The department said Hill is a convicted felon with a lengthy criminal history, which includes prior convictions for possession of a stolen vehicle, resisting arrest and resisting arrest by means of force. 

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 as we conduct a meticulous investigation," he stated. "Our department is committed to upholding transparency and accountability. 

Galipo believes the officer used excessive force and could have de-escalated the situation with a calm conversation. Hill's attorney said he will file a claim against the city on Thursday. A claim is a precursor to a lawsuit that gives the city 45 days to review before Galipo can file a lawsuit.