A federal jury awarded a man $640,000 this week after they found that a Federal Way cop used excessive force when the cop put the man in a chokehold.

The incident occurred on Sept. 14, 2014, when the plaintiff, Josiah Hunter, witnessed a car crash while shopping inside an AM/PM gas station on Pacific Highway South in Federal Way. Hunter, who was 22 at the time, exited the gas station after the crash and attempted to help the individuals involved, according to court documents.

When officers arrived, they instructed Hunter and a friend of his to step away from the car crash. Hunter claims that he complied and followed all commands, but Federal Way Police Officer Kris Durell thought Hunter was ignoring commands so he “approached him from behind and began to choke him,” forcing Hunter to feel “as though he could not breathe,” according to court documents.

A federal jury disagreed with Durell’s justification for the chokehold, awarding Hunter $40,000 in damages and $600,000 in punitive damages Tuesday.

Kurt Schwan, a spokesperson for the police department, said Wednesday that the city was still deciding if they would appeal the ruling.

“We are disappointed with the jury’s decision in favor of the plaintiff,” Schwan said in an e-mail. “Once the City has fully reviewed the court’s decision, a determination will be made as to the next course of action.”

James Bible, one of Hunter’s attorneys, said the jury’s decision validated that Durell acted inappropriately.

“We definitely had the positive facts on our side and it was inexplicable that the officer took the route of choking him,” Bible said.

Bible said the lack of video documentation in the case made it more difficult to win.

“It’s definitely a challenge, especially when there isn’t video of the incident,” Bible said. “There was clearly sufficient evidence for a jury to reach this sort of conclusion.”

After Durell choked Hunter he then arrested him and booked him in jail, where he was charged with criminal trespass, resisting arrest, and obstructing a public officer. All of the charges against Hunter were dismissed before going to trial.

Schwan said an attempt to settle the case out of court failed.

Officer Durell will not be disciplined following the court ruling, according to Schwan.

This is not the first time Officer Durell used force against someone. On Feb. 7, 2012, he shot a man several times during an altercation at a Federal Way apartment complex. The man Durell shot was never charged with a crime and ended up suing the city of Federal Way in federal court. The man agreed to dismiss the case in 2015, according to court records.

Schwan said Durell is certified by the state as a “defensive tactics instructor,” meaning he can teach other police officers within the department how to appropriately use force.

Bible said Federal Way Police Department’s use of fore is troubling, especially because the city does not have any body or dash cams to document officer behavior.

“The state of policing in Federal Way is deeply disturbing to us, there is no way to monitor what they are doing at this stage because they have no body cam and no in-car dash cams,” Bible said.