The Blotter

The Times' criminal justice team looks behind the scenes and behind the headlines.

July 26, 2011 at 2:56 PM

Man kicked by SPD officer charged with gun possession

Posted by Jennifer Sullivan

Dvontaveous Hoston, the 18-year-old man who was seen on video being kicked in the head by Seattle police Officer James J. Lee after an alleged robbery last year, is facing criminal charges after an incident in downtown Seattle on Friday night.

Hoston was charged Monday with unlawful possession of a firearm and is being held in the King County Jail in lieu of $500,000 bail.

King County sheriff's deputies said that just before 9 p.m. Friday they saw a group of nearly a dozen males gathered near the corner of Third Avenue and Pike Street. Deputies noted that two males were fighting in the center of the group, according to charging documents filed in King County Superior Court.

The fight quickly broke up, but witnesses told deputies that one of the participants appeared to have a gun.

Deputies said they found Hoston nearby and he matched the description provided by witnesses. Deputies found a loaded pistol in Hoston's waistband, charges said. Authorities say that Hoston is a known member of a street gang.

According to the charges, Hoston told officers he carried a gun to protect himself from police.

In October, Lee kicked Hoston, then 17, repeatedly at a Belltown convenience store. The officer thought Hoston had been involved in an attempted robbery of undercover Seattle police officers. The kicking incident was taped and broadcast widely in local media and online.

Lee has been charged with fourth-degree assault. He has pleaded not guilty.

Hoston was acquitted of attempted robbery in the October incident. He has since filed a claim against the city, seeking a jury trial or a $450,000 settlement.

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