PHOENIX — Days after video of a deaf Black man with cerebral palsy being punched and shocked by Phoenix Police officers became public, the felony charges the man was once facing are no more.
Tyron McAlpin was facing felony charges of resisting arrest and assaulting a police officer related to an incident in August. Maricopa County Attorney Rachel Mitchell said in a statement that she would personally review the charges against McAlpin.
On Thursday evening, Mitchell released a follow-up statement, in which she said all charges McAlpin was facing are now dismissed.
“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.”
McAlpin's attorney, Jesse Showalter, said the charges should have never been brought in the first place.
"On behalf of Tyron McAlpin and his family, we are grateful to MCAO for dismissing the charges. We are disappointed that the City of Phoenix allowed the charges to be brought and for it to go this far. Mr. McAlpin should not have been charged in the first place. We look forward to obtaining justice and accountability from the City of Phoenix."
The Phoenix Law Enforcement Association said they are appalled by Mitchell's decision:
“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.”
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 shocked him four times while giving him verbal commands and then handcuffing 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.
In a more than two-hour hearing earlier in the month, 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.