PHOENIX — New video shows the moment when a Black man who is deaf and has cerebral palsy is punched and tased in an incident involving two Phoenix police officers in August.
That man is now facing felony charges for assaulting a police officer and resisting arrest. Charges that his attorneys argue should be dropped.
Phoenix police officers were called to a Circle K parking lot in August regarding a fight a white man had started, according to police reports released by Tyron McAlpin's attorney.
"They didn't conduct any investigation other than talking to that man, and he then pointed to an African American who'd been in the store earlier and claimed to have been assaulted by him," Jesse Showalter, one of McAlpin's attorneys, said.
Officers found McAlpin in a Dollar Tree Parking lot, which is when video released to 12News by Showalter begins.
"The first thing I see when the officer gets out of his car is the officer reaching his hands out to grab Tyron," Showalter said. "That right there is an escalation."
The video shows officers throwing punches and using a taser on McAlpin, force that his attorney does not believe was necessary.
"Then what you see is Tyron simply trying to avoid being struck repeatedly by the officer who repeatedly swings punches at his face," Showalter said.
McAlpin is on the ground in the video footage when officers tase him four times while giving him verbal commands and then handcuff him.
In the video, McAlpin's girlfriend tries to explain to officers that McAlpin is deaf and has cerebral palsy. That information was not documented in the reports by the officers involved.
Phoenix police told 12News that the incident is under investigation and was assigned to be looked into by the Professional Standards Bureau at the end of August.
"He's an American citizen who's facing felony charges that could result in the loss of his civil rights, and based on this video, that's just unconscionable," Showalter said.
But earlier this month, a Maricopa County judge determined there was probable cause for McAlpin to face three felony charges for assaulting an officer and resisting arrest.
In a more than two-hour hearing, prosecutors called both of the Phoenix police officers involved in the incident with McAlpin to the stand and played portions of the body camera footage.
The officers said they were injured in the incident, one claiming to be bitten by McAlpin and the other broke a bone in his hand. The officers argue McAlpin resisted arrest even when he was on the ground.
The Maricopa County Attorney's Office sent a statement to 12News on the incident from Maricopa County Attorney Rachel Mitchell.
“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," Mitchell said in the statement. "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.”
The Phoenix Law Enforcement Association (PLEA) President Darrell Kriplean released a statement to 12News on the incident defending the officers' actions.
"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," Kriplean said in part.
However, to Showalter, the incident is another example of what the Department of Justice found in their investigation into the Phoenix Police Department.
"With the City of Phoenix claiming that it wants to handle its own problems without DOJ oversight, we'd really like to see if that's what they intend to do, or if they're just going to do more of the same," Showalter said. "If they're just going to try to sweep this under the rug, and, you know, avoid any accountability."
Last month, the Phoenix City Council unanimously passed a list of reforms aimed at addressing concerns brought up in the Department of Justice's investigation.
Tuesday, Councilmembers Carlos Galindo-Elvira and Kevin Robinson released statements on the McAlpin incident with Phoenix police officers.
"I am concerned about the contents of this video," Galindo-Elvira said in part of his statement.
Both council members said in their respective statements the ongoing investigation doesn't allow them to address specifics.
"Last month, I voted to support an improvement plan that includes tangible steps toward improving the investigations process of the Police Department with the goal of outlining how the department is capable of self-regulating," Galindo-Elvira said. "Now, with the world watching, it is time to prove that Phoenix is committed to being transparent and accountable."
Robinson, who's a retired assistant chief of the Phoenix Police Department, said he, Mayor Kate Gallego and Councilwoman Kesha Hodge Washington, recommended reforms for the police department to their fellow councilmembers that included increasing training for officers, investigation deadlines, and considering if officers 'effectively considered de-escalation tactics.'
Robinson also referred to the DOJ's recommendation to "Ensure Consistent Processes for Investigating Misconduct" in his statement.
"Now is the time to prove to our residents that our City’s Police Department will ensure allegations of misconduct are fully examined," Robinson said.
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