Lawyer of Tyron McAlpin, deaf and disabled man hit by Phoenix PD officers, speaks out
PHOENIX - The lawyer of the deaf and disabled man who was seen being hit by Phoenix Police officers on body camera footage is speaking out.
It's an incident that's making national headlines and is currently under investigation by multiple agencies overseeing police conduct.
Tyron McAlpin's lawyer, Jesse Showalter of Robbins Curtin Millea & Showalter, LLC, says he was shocked when he saw the body cam footage of this arrest. He says he believes there's a lot more evidence in the city's possession that will shed light on this situation, but, in the meantime, he's focused on getting McAlpin's charges dropped.
"These officers went wrong from the moment Officer Harris got out of the car," Showalter said. "You watch the video and what you see is his arms are reaching out, and he's assaulting Tyron from the moment the encounter begins. The number of times these two officers are striking Tyron in the head is extreme and is outrageous and is something that we thought was a thing of the past."
According to police documents, the Aug. 19 encounter began after officers responded to the area of Indian School Road and 12th Street for reports of a fight, a claim that later turned out to be unfounded.
Attorney Jesse Showalter of Robbins Curtin Millea & Showalter, LLC
READ MORE: Deaf man with cerebral palsy hit by Phoenix Police officers; investigations underway
"He’s deaf, and he has cerebral palsy," his wife was overhead saying to officers on body camera footage.
The officers both reported injuries, leading to felony charges against McAlpin of 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.
Calls to drop those charges came in from different organizations and politicians, while interim Police Chief Michael Sullivan released a statement on Oct. 16, which says, in part, "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."
"It's very odd to ask for people to be patient when the justice system is not patient with Tyron, and he's facing these serious charges that are wholly unwarranted and should be dropped," Showalter said.
Showalter says McAplin's family is overwhelmed by the situation and that it's altered his client's trust in law enforcement.
"He has to continue to live in this community knowing that he's not safe from police on the streets," Showalter said.
Showalter says he has zero faith in Phoenix PD's ability to police itself and look inward to find out how training and other techniques may prevent this from happening in the future.
Interim Chief Sullivan said accountability is "paramount" for the department.
Interim Phoenix Police Chief Michael Sullivan's full statement:
"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."
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."