Charges dismissed against deaf Black man who police punched and shocked with a Taser
PHOENIX — All charges against a deaf black man who was repeatedly hit and shocked with a Taser have been dismissed Phoenix Police Officers responded to a call that a man had committed an assault in a supermarket.
Maricopa County Attorney Rachel Mitchell announced late Thursday that her office would not pursue charges of resisting arrest and aggravated assault against the man, Tyron Scott McAlpin, 34. first reported late last week by ABC15 Arizona.
Mitchell said in a statement that she began looking into the matter last week after the local NAACP chapter shared her concerns McAlpin’s arrest. She said she had viewed a “large volume” of videos, police reports and other material.
Police say Officer Benjamin Harris suffered a hand injury when he punched McAlpin, while McAlpin bit Officer Kyle Sue’s hand during the struggle, which was captured on the officers’ body cameras. Neither officer’s race was revealed in police reports.
During a court hearing, Harris testified that everything could have been avoided if McAlpin had just indicated he was deaf, ABC15 reported.
Jesse Showalter, an attorney representing McAlpin, said the first officer to contact McAlpin was unable to determine that he was deaf because the officer took no steps to de-escalate the situation and instead immediately began using force.
Darrell Kriplean, president of the Phoenix Law Enforcement Association, said in a statement after Michell’s announcement that the officers were defending themselves.
“At no point did Mr. McAlpin make it clear to them that he was hearing impaired or had cerebral palsy,” Kriplean said.
The man who called police told them that McAlpin, who was walking nearby, had punched him in the face.
An officer caught up with McAlpin in a nearby parking lot and immediately laid hands on him after he got out of his patrol vehicle, and the struggle began.
McAlpin was arrested on suspicion of assaulting the man who called police, but was not charged with assault.
Showalter said his client was never involved in a fight with the man.
The encounter is under investigation and has been assigned to the agency’s internal affairs division, the department said.
The Phoenix Police Department has been accused by the U.S. Department of Justice of discriminating against Black, Hispanic, and Native American people, unlawfully detaining homeless people, and using excessive force, including unjustified deadly force.
The city has indicated that it is prepared to do this police reforms but has resisted efforts to enter into a consent decree with the Justice Department.