Charges dropped against disabled deaf man who was hit by Phoenix Police officers
PHOENIX - Charges were dropped against a disabled deaf man almost a month after he was repeatedly hit by Phoenix Police officers.
Investigations are underway following the aggressive arrest in Phoenix causing national outcry.
Phoenix Police say the man, 34-year-old Tyron McAplin, bit and swung at them, while his attorney says he was the victim of a violent police assault.
Phoenix Mayor Kate Gallego and several city council members call the body camera footage very concerning and confirm investigations are underway.
The incident is now being investigated by the Professional Standards Bureau and Phoenix’s Force Evaluation Review Unit.
The video shows McAlpin’s Aug. 19 arrest near Indian School Road and 12th Street.
It’s an encounter that’s sparking outrage.
"Hey buddy, stop where you’re at. Have a seat," an officer tells McAplin.
What follows is a scuffle that can be seen from two angles – the officer’s body camera and store surveillance footage.
You can see a man, later identified as McAlpin, walking and looking down at his phone. A cop car approaches.
You see the door open after giving orders to stop. Within moments, the officer puts his hands on McAlpin and punches are thrown in both directions.
A second officer arrives.
"Tase him, tase him, tase him," an officer says. His camera is obstructed.
He later tells another cop that it flew off. Cameras captured repeated punches and a stun gun being used on him.
"Hands behind your back, hands behind your back," an officer said.
A woman later shows up, identifying herself as McAlpin’s wife. She explains why he didn’t follow the officer’s commands.
"He’s deaf, and he has cerebral palsy," his wife said.
"How can he be deaf if he was on the phone?" the officer said.
"Because I know sign language, that’s why. I sign to him," McAlpin's wife said.
Multiple cop cars and paramedics later arrive. One officer tells them he’s injured.
"He got bit by the guy," an officer said.
A paramedic asked, "Where at?"
The second officer also reported a swelling hand in the police report, which also accused McAlpin of repeatedly swinging at officers and leaving a bite mark.
According to that document, this all began when officers were called to a gas station for reports of a fight. A man identified McAlpin as his attacker from across the street.
"You’re saying that’s the guy?" the officer asked the alleged victim. He replied, "With the backwards hat on, yep."
That’s when officers say they pursued McAlpin in their vehicles.
Police documents state gas station employees did not witness a fight and no angles from the security cameras captured any punches thrown.
McAlpin has not been charged with assaulting the man at the gas station.
He was, however, facing charges of felony aggravated assault against an officer. On Oct. 17, the Maricopa County Attorney's Office said charges were dropped.
"Last Friday, a leader of the local chapter of the NAACP shared his concern with me regarding the prosecution of Mr. Tyron McAlpin. 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. On Tuesday of this week, I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case. I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin," Maricopa County Attorney Rachell Mitchell said.
As for the officers, MCAO says, "No case has been submitted to us regarding the police officers."
FOX 10 reached out to the Phoenix Police Department with a list of questions, but has not heard back.
Interim Phoenix Police Chief Michael Sullivan released a statement, saying, in full:
"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."
The city of Phoenix Office of Accountability and Transparency (OAT) said, in full:
"OAT echoes the community’s outcry over the arrest of Tyron McAlpin. This incident shows robust transparency and accountability mechanisms are deeply needed and must be effectively implemented.
OAT sent a Monitoring Notice to the Department on Tuesday, October 15th.
As in every investigation it reviews, OAT will rigorously and diligently carry out its mandate to review the Department’s administrative investigation into this incident."
The President of the Phoenix Law Enforcement Association (PLEA), Darrell Kriplean, responded to the incident saying, in full:
"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."
PLEA released another statement following MCAO dropping charges against McAlpin, saying:
"We are appalled at the decision by Maricopa County Attorney Rachel Mitchell to dismiss the charges against Mr. McAlpin. The two Phoenix Police Officers involved in the incident were investigating a crime where the alleged victim had a visible injury from being robbed and assaulted. While gathering the information, the victim pointed out the alleged suspect who was walking alone 40-50 yards away. After confirming he desired prosecution, they went to contact the suspect.
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.
It is unfortunate that a narrative was created accusing these officers of targeting Mr. McAlpin due to his race and disabilities. This is completely false and an inaccurate portrayal of what occurred in real time as the officers encountered Mr. McAlpin.
What has transpired over the past week is an ugly smear campaign against Phoenix Police. The Phoenix Police Department provides training on how to interact with community members, victims and suspects, who are hearing impaired and/or disabled, however, we are also trained on how to defend ourselves if faced with a violent individual intent on hurting us.
We stand behind our officers and thank the men and women of the Phoenix Police Department for their service to our community."
Maricopa County Attorney Rachel Mitchell released a prior statement, saying, in full:
"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."
Phoenix Mayor Kate Gallego's full statement reads:
"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."