(PHOENIX) — All charges were dropped Thursday against Tyron McAlpin, a disabled Black man in Arizona who had been facing charges of felony assault and resisting arrest after a pair of Phoenix police officers punched him and shocked him with a stun gun. McAlpin is deaf and has cerebral palsy.
The incident, which took place on Aug. 19, was captured on both surveillance video and police body-worn camera. The officers said they were investigating an assault at a nearby Circle K, and McAlpin fit the description of the suspect given by a bystander. However, the original description of the suspect was for a white man who had been creating a disturbance in the store. They also claimed that McAlpin became combative and tried to run when they approached him.
McAlpin’s lawyers said the video shows otherwise.
In the video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him 10 times in the head and shocking him with a stun gun four times while yelling: “Get your hands behind your back.” McAlpin’s attorney said he didn’t know what was going on and could not hear the commands.
A union for the department’s officers argued that people should know what to do if a police car comes up and uniformed officers approach and that the officers had to force McAlpin to comply, not knowing he was deaf at the time. The union also said McAlpin took a fighting stance and bit the officers.
“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,” Phoenix Law Enforcement Association President Darrell Kriplean said in the weeks after the incident. A Maricopa County judge ruled that there was probable cause for the arrest and that there was cause for the charges.
The Phoenix Police Department said it stood behind its officers and suggested people avoid making judgments about the incident until all the evidence was reviewed. The police department also said that it is investigating the arrest.
On Thursday, Maricopa County Attorney Rachel Mitchell made an announcement that all charges against McAlpin had been dismissed.
“I promised I would personally review the case including a large volume of video recordings, police reports, and other materials that have been forwarded to my office,” she said.
With the support of senior attorneys and after hearing from members of the community, Mitchell said, “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
The incident came after the Department of Justice in June released a report concluding that the Phoenix Police Department engaged in civil rights violations including racial discrimination and bias against the disabled. Their investigation found “systemic problems” within the department’s policies, training, supervision and accountability systems that were “perpetuated” for years.
The DOJ opened its investigation in August 2021 after complaints about use of excessive force among Phoenix police. The department said it welcomed this inquiry to help them understand how they can better serve the community.
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