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A sheriff's deputy in Washington state is being 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.

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.