Maricopa County Attorney Rachel Mitchell has dismissed all charges against a Black man who is deaf and has cerebral palsy seen on video being punched and tased by Phoenix police.
“It was a true injustice that Tyron was charged with any crime, coupled with the injustice of the assault on him by those two officers,” said Jesse Showalter, attorney for Tyron McAlpin.
The dismissal comes after Pastor Andre Miller, vice president of the Arizona Conference of NAACP, shared his concerns with Mitchell, who promised to personally review the case. Miller told KJZZ he had no doubt Mitchell would drop aggravated assault and resisting arrest charges.
“And the reason why I say that is because when you look at the totality of everything that happened, with Mr. McAlpin, how this happened, what led up to it, the whole situation around it, anyone who was reasonable would say, OK, this, one, it should not have happened. And then two, it shouldn't have gotten to this level. And three, this man definitely does not deserve to be criminally charged with felonies,” he said.
In body camera video from the Aug. 19 incident, shared by McAlpin’s attorney, a Phoenix police officer pulls into a parking lot where McAlpin is walking and calls out the window, “Hey buddy, stop where you’re at.”
When McAlpin doesn’t stop, the officer jumps out and within seconds punches him. In the police report, the officer says McAlpin swung at him and bit another officer. McAlpin is repeatedly punched and tased by two officers.
EDITOR'S NOTE: This video contains graphic content that some people may find disturbing.
Showalter said his client spent 24 days in jail before being able to post bond.
“I don't think a lot of people understand how overwhelming and stressful and frightening it can be to have criminal charges of any kind looming over a person's head, particularly when they're false charges,” he said. “They are just beyond overjoyed and grateful at this first step toward justice.”
In a written statement, the Phoenix Law Enforcement Association (PLEA) said they are appalled by Mitchell’s decision to dismiss charges.
“The alleged suspect, Mr. McAlpin, attempted to avoid the officers and was ignoring their directions to stop. Our officer exited his marked patrol car in full Phoenix Police uniform and attempted to grab the individual’s arm to lawfully detain him and our officer was immediately assaulted. At no time did Mr. McAlpin convey to them that he was hearing impaired or suffered from cerebral palsy. Our officers defended themselves against the attack of Mr. McAlpin," the statement reads.
In a statement before the charges were dismissed, interim Phoenix Police Chief Michael Sullivan said, “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.”
He asked for the public’s patience as the department conducts an internal investigation that he will review before taking action.
"We have to understand that there are many people who are walking around our community who are differently abled, right? And they have to be considered, so that is something that I believe this brings attention to," Miller said. "There are many people who are walking around who are deaf or impaired physically, or whatever the case is, that may not be able to comply with shocking requests, meaning not even knowing what's going on.”
The incident began when an employee at a Circle K near 12th Street and Indian School Road called police about a man trespassing. That man told police McAlpin assaulted him. No one’s been charged over that allegation. McAlpin’s arrest happened two months after a Department of Justice investigation found Phoenix police use excessive force and violate people’s rights.
“The saddest part in all of this, to be honest with you, was when I had a conversation with Tyron McAlpin, all he said was he just wanted people in the world to show love,” Miller said. “And he had concern about the police officers and that, that they would show love, and he had no animosity, no malice or anything in his heart about what happened to him. And that really just was like, it was mind blowing to me.”
Showalter said he is waiting for the city to provide the 911 call and other videos related to McAlpin’s arrest.
“What I would like to see happen is the city of Phoenix actually make a sincere effort to fix the problems it has or acknowledge that the culture there is simply not up to the task," he said.
City leaders have been trying to reach an agreement with the Justice Department to avoid federal oversight.