Published on Jun 12, 2013
Both the Cleburne Police Department and a Cleburne man arrested May 23 declined to comment on the matter on Tuesday.
Cleburne police arrested Donny James Hinshaw, 30, at about 1:15 p.m. on charges of leaving the scene of an accident and evading arrest.
Hinshaw obtained video taken from a camera on the arresting officer's uniform and posted it on YouTube under the title of "Excessive force Cleburne Police Department."
The video shows CPD Cpl. Robert Sigler chasing Hinshaw's truck with lights and sirens on before Hinshaw pulls over and exits the truck.
"Out of the truck," Sigler says on the video. "Put your hands on the truck. You're under arrest."
At that point Hinshaw says "What?"
Sigler attempts to reach out to turn Hinshaw around to place him under arrest. Hinshaw appears to avoid Sigler's grasp and then backs away and accuses the officer of assaulting him.
Sigler tells Hinshaw to "get ready to get tased" and fires his Taser.
When Hinshaw asks why he's being arrested, Sigler answers hit-and-run and felony evasion.
"I didn't hit-and-run," Hinshaw says on the video. "He hit me."
Hinshaw tells Sigler he was coming home to file an accident report.
"You should've done that in the first place," Sigler says. "You also should've stopped when you're going down the road rocking your head back and forth."
Hinshaw, on Friday, told WFAA.com that Sigler had no justification for using a Taser on him and that he gave the video to his attorney and will be fighting the hit-and-run and evasion charges.
The initial hit-and-run occurred on Featherstone Street, according to CPD reports.
The victim told police a red and white Chevrolet pickup, traveling west on Featherstone Street, made a U-turn to travel east. At the conclusion of the U-turn, the Chevrolet pulled away from the curb, collided with the victim's vehicle and fled the scene, according to the report.
The victim told police he swerved in an attempt to avoid the collision and may have struck a parked vehicle. The victim followed Hinshaw's truck long enough to get a license plate number then went home to call police, as he didn't have a cellphone, according to reports.
Police went to the address connected with the license plate but found no one home.
Sigler saw Hinshaw's truck traveling west on Featherstone a short time later, according to reports.
"I activated my emergency light as the vehicle approached, and turned to follow as the vehicle passed," the report reads. "The suspect vehicle did not pull over to the side on Featherstone although there was a safe area to do so. The suspect vehicle turned left, onto Sunset. I then activated my siren as it became apparent that the driver was not going to stop. The driver could be seen rocking his head back and forth, from side to side.
"The suspect vehicle continued south on Sunset, and then west onto W. Smith."
Hinshaw stopped in front of his house and began to exit his truck as Sigler was approaching, according to reports.
"I instructed the driver to place his hands on the vehicle," the report reads. "He refused. I attempted to turn the driver toward his vehicle to effect an arrest. The subject pulled away and claimed he had been assaulted. I deployed my Taser to incapacitate the driver and complete the arrest. The driver then complied with my commands and he was handcuffed."
Police declined to comment on the matter through a Tuesday press release.
"No official allegations have been made by Mr. Hinshaw at this time," according to the release. "The allegations are just that. It would be inappropriate to speculate or comment at this time."
Reached by phone on Tuesday, Hinshaw said any questions would have to go through his attorney and declined to comment further.
"You don't even need to know that," Hinshaw said when the Times-Review requested his attorney's name.