Flathead County Sheriff’s Deputy Bruce Parish was sentenced Friday for a driving under the influence charge, and Kalispell Municipal Judge Heidi Ulbricht rejected the claims of a man who said Parish ran over his hand while backing up his truck on the night of Aug. 28.

“The court is making a finding in this case that you are not a victim,” Ulbricht told Mark Hamilton, effectively denying him any restitution claims in Parish’s criminal case.

She advised Hamilton that he can pursue restitution through civil action.

Parish pleaded no contest to the DUI charge last November, and on Friday was fined $850 and ordered to complete a chemical dependency assessment and course.

Afterwards, Parish said he is “very glad” to have the case behind him.

Friday’s proceedings mostly involved testimony from Hamilton, who told the court that he had been drinking that night and was standing in the Kalispell VFW parking with his back to Parish’s truck, using his cell phone, when Parish’s vehicle started to back up.

He said he got “bumped” and fell to the ground, rolled once to avoid the truck and in the process his left hand got crushed sideways under a tire.

But Tim Wenz, Parish’s attorney, referred to a Kalispell Police Department report, noting that Hamilton never mentioned being struck by a truck the night of the incident.

Rather, when he was approached by an officer at the hospital, his first words were, “Wasn’t me,” and he went on to say that he remembered someone telling him “you’re going to get (beat) up.”

The police report includes a statement from an emergency room doctor who said Hamilton had a laceration on his chin and a swollen left hand that did not appear consistent with being run over by a vehicle.

Wenz noted that x-rays determined there was one fracture, and Hamilton’s hand was never put in a cast. “I guess it’s not making sense to me why every bone in your hand wasn’t broken after being run over by a truck,” said Wenz, who went on to cite witness statements that Hamilton was seen lying down in the parking lot before the incident.

That night, officers were responding to a vehicle versus pedestrian report and when they arrived they found Hamilton lying in the parking lot, and they talked to a witness who said that Parish’s pickup backed into Hamilton, the police report states.

“The witness was highly intoxicated and was subsequently arrested for a warrant,” the report continues.

Wenz emphasized that Hamilton himself never mentioned being struck by a truck that night.

“I don’t know why you didn’t tell officers about it, because it’s a pretty big deal,” he said.

“I was in shock,” Hamilton replied.

“This is the first time we’ve heard Mr. Hamilton claim that he was standing up” at the time of being struck by a vehicle, said city prosecutor Christy Curtis. “That is of concern to the city.”

“Because of that,” Ulbricht added, “the court is putting more credibility” on the police report and the doctor’s statements in it.

Hamilton had submitted nearly $2,000 in medical bills to the court.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com.