Teen with $450,000 claim against city arrested with gun

Teen with $450,000 claim against city arrested with gun
A Seattle police officer is seen kicking a teen suspect in this screenshot from surveillance video, in October 2010.
SEATTLE - A teen who filed a $450,000 claim against the city of Seattle after he was kicked by a police officer last year was arrested Friday night after witnesses said he was flashing a gun in downtown Seattle's retail core.

The teen, identified as Dvontaveous N. Hoston, 18, was arrested by Metro Transit officers after witnesses reported he had been flashing a handgun near a bus stop at Third Avenue and Pike Street, then concealed it when officers approached.

As officers made the arrest and placed Hoston in handcuffs, someone in the gathering crowd yelled at the suspect and said, "What are you doing, man? ... You’re f---ing up the lawsuit!" Officers later identified the man as the suspect’s cousin.

Hoston was booked into King County jail for investigation of being a felon with a handgun, said King County Sheriff's Office spokesman Sgt. John Urquhart.

It's unclear what effect Hoston's arrest will have on the $450,000 federal claim he filed against the city of Seattle after he was kicked by Officer James Lee during an Oct. 18 incident at a Belltown convenience store. The incident was captured on video, which later went viral.

The October kicking incident took place after a suspect fled from an undercover drug-buy-gone-wrong, and an officer was assaulted. Lee found Hoston at a convenience store and kicked him multiple times.

Hoston was charged with first-degree attempted robbery in connection with the October incident, but was later acquitted in King County Superior Court. In February he filed a claim seeking $450,000 from the city, saying he was the victim of "unjustified and excessive force."

Officer Lee was later charged with fourth-degree assault after the kicking incident following an investigation by the Washington State Patrol, and he has pleaded not guilty to the gross misdemeanor.

The videotaped kicking incident, Hoston's $450,000 lawsuit and the charging of Officer Lee have triggered outrage and controversy.

The Seattle Police Management Association called the charging of Officer Lee a "deplorable miscarriage of justice."

But City Attorney Pete Holmes said the decision to file an assault charge "was solely based on the investigative facts presented by the State Patrol and the law."

Friday night's incident near Third and Pike began as two Metro Transit officers were on foot patrol in the area checking bus stops about 9:45 p.m.

The officers came across a group of 10 to 12 men in a circle, just east of Third Avenue on Pike Street. They spotted two men in the center pushing each other as if they were preparing to fight.

The officers broke up the group. After they did, three witnesses came up and said one of the men in the group had been flashing a handgun around. They said he then concealed it in the waistband of his pants.

Officers located the man in front of the McDonalds restaurant at Third and Pine and found a loaded, semi-automatic pistol tucked into his waistband.

It was then that the suspect's cousin said, "What are you doing, man? ... You’re f---ing up the lawsuit!"

Hoston was then booked into the King County jail.