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Phoenix police criticized for arrest of man who is deaf, has cerebral palsy

A screenshot of a video provided by Tyron McAlpin's attorneys showing Phoenix police arresting McAlpin in August 2024.
Jesse Showalter
A screenshot of a video provided by Tyron McAlpin's attorneys showing Phoenix police arresting McAlpin in August 2024.

UPDATE on Oct. 18, 2024: Maricopa County Attorney Rachel Mitchell drops charges against Tyron McAlpin after violent Phoenix police arrest.

Body camera video of Phoenix police arresting a Black man who is deaf and has cerebral palsy is drawing criticism and national attention. The arrest came just two months after the Department of Justice found Phoenix police use excessive force and violate civil rights.

In the video from the Aug. 19 incident, shared by Tyron McAlpin’s attorney, you see a Phoenix police officer pull into a parking lot where McAlpin is walking and call out the window. “Hey buddy, stop where you’re at.”

When McAlpin doesn’t stop, the officer jumps out and punches him. In the police report, the officer says McAlpin swung at him.

McAlpin’s attorney, Jesse Showalter, said his client couldn’t hear commands, “Tyron is just trying to avoid being hurt by an aggressive, out of control police officer.”

McAlpin is repeatedly punched and tased while on the ground. He’s been charged with resisting arrest and assaulting an officer. In the police report, a second officer said McAlpin bit him.

EDITOR'S NOTE: This video contains graphic content that some people may find disturbing.

Showalter called the officers’ actions unnecessary and excessive and could have been avoided had they relied on their training.

“He could’ve parked down the road, flashing his lights, waved to talk. Instead, he endangered himself and Tyron by immediately going hands on.”

Police originally responded to a call about another man trespassing at a store. That man claimed McAlpin assaulted him. McAlpin has not been charged over that allegation, but has been charged with three felonies: resisting arrest and two counts of aggravated assault on officers.

EDITOR'S NOTE: This video contains graphic content that some people may find disturbing.

In a written statement, Maricopa County Attorney Rachel Mitchell said, “Some in our community have voiced their concerns regarding the charges against Tyron McAlpin. I have great faith in the attorneys who work at MCAO, and those who have reviewed this case so far.

I also respect those who have raised concerns. Because of the attention on this case, I will personally review the entire file, as well as the totality of the video. I may reach a different conclusion, or I may not, but I believe this case merits additional scrutiny.”

Showalter said he would like Mitchell to consider charges against the officers and the city to “actually make a sincere effort to fix the problems it has or acknowledge that the culture there is simply not up to the task, that it's too. The culture there has just gotten so bad and is so unwilling to change, unwilling to change the training, unwilling to change the manner in which officers are supervised and to acknowledge that that is the problem and to enter into some sort of agreement with the Department of Justice that will allow for change to happen and for the people of Phoenix to have Constitutional policing.”

The Phoenix Police Department said, “This incident is the subject of an ongoing internal investigation and was assigned to the Professional Standards Bureau on Aug. 30, 2024.”

Phoenix Councilman Kevin Robinson, who served 36 years on the police force before retiring, told KJZZ News the video was difficult to watch but he’s not making judgements until a thorough investigation is completed.

“I have made those concerns very clear to the city manager's office and to the police department that I want this investigated as quickly as possible. I want it determined as to whether or not any policy was violated. I want to know the answers to everything," Robinson said.

Councilman Carlos Galindo-Elvira has heard from constituents who are upset over the video and McAlpin’s arrest.

“I have requested a briefing from the police department on this issue,” he said. “ I would like to see a rigorous investigation, and I can't speak about the ongoing investigation because, well, first, I know very little details specifically regarding the investigation, but I believe it needs to be rigorous, and I believe that it needs to be done carefully, yet expeditiously, and that we must be capable of following through with that.”

The Phoenix Law Enforcement Association, the union representing officers issued a statement:

“We are aware of an incident that occurred on August 19, 2024, where an individual resisted arrest after immediately becoming combative with our officers who wanted to question him about his involvement in a previous assault on a community member.

"While some in the media are making this incident about race and discrimination, it is really about 2 police officers in full Phoenix Police uniform driving fully marked police cars coming under immediate attack by someone who was alleged to have committed a crime. Our officers have the right to defend themselves against attack by utilizing reasonable and necessary force based on the circumstances presented at the time.

"After reviewing all evidence presented, Maricopa County Superior Court Commissioner Nick Saccone determined there was sufficient evidence for the felony charges against the suspect due to his actions against the officers. We stand behind our officers and would caution the community on making judgments about the incident until all evidence is reviewed rather than a snippet of body cam footage.”

In a statement, Mayor Kate Gallego said:

“I have watched the body-camera footage from a police interaction with Tyron McAlpin. I share the deep concern we’ve heard from some in our community, and this incident warrants a full and thorough investigation. Both the Professional Standards Bureau and the Force Evaluation Review Unit have opened investigations, and I expect them to offer complete analysis, thorough conclusions, and recommendations.

"Beyond these bodies of review, the City Council and I remain committed to fostering community trust, and we continue our work to further accountability and transparency within our Department. Just a few weeks ago, the Council unanimously approved key police reform recommendations to better document police activity and enhance data collection, as well as improve the department’s internal investigations and evaluative processes. That work is ongoing and important, and as the investigative process for this incident takes place, we will not lose sight of our improvement efforts.”

Councilwoman Kesha Hodge Washington provided this statement:

“While I cannot comment on the specifics of this case as the investigation is still ongoing, the footage, on its face, is very concerning. A full investigation is underway, and I expect it to be comprehensive with clear and detailed findings, analysis, conclusions, and recommendations.

"This incident unfortunately reignites distrust in our community. As a city, we must take into account how to rebuild and maintain community trust, which is essential for the effective functioning of our institutions.

"Last month, I joined Mayor Kate Gallego and Councilmember Kevin Robinson in proposing specific policy recommendations geared at increasing transparency, accountability, and correcting lapses in the public safety system. I remain committed to working with my colleagues, law enforcement, and community members to ensure that we continue to craft and implement policies that are just, equitable, and protect the safety of every resident.”

From ACLU of Arizona policy director, Darrell Hill:

"Tyron McAlpin was brutally assaulted by police. This is another devastating example of Phoenix Police Department’s racial bias and use of excessive force against people who do not pose a threat to them, including those with disabilities.

"Extreme and disproportionate reactions like this are well documented in the Department of Justice’s investigation and report. Clearly, the report’s findings are not being taken seriously, critical changes are not being implemented by police or city leaders, and federal oversight is gravely needed."

Interim Phoenix Police Chief Michael G. Sullivan released the following statemeent:

"Since I took the job as Interim Chief of the Phoenix Police Department, I have talked a lot about striving to be a self-assessing, self-correcting agency. That means taking a serious look at cases that may call into question the actions of our officers. There are many who are concerned after seeing the video of officers’ interaction with a man they later learned was disabled. I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions.

"Shortly after this incident, the Professional Standard Bureau launched an internal investigation into this incident. Their work is important to ensure all facts are known before drawing any conclusions. I ask for the public’s patience during that process. Once the investigation is complete, I will personally review the findings and take appropriate action. The PSB investigation will also be reviewed by the Office of Accountability and Transparency as well as the Civilian Review Board to ensure it is thorough and complete.

"Accountability for our actions as a Police Department is paramount as we work every day to build and maintain the trust of the community we serve."

As a senior field correspondent, Christina Estes focuses on stories that impact our economy, your wallet and public policy.
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