Phoenix police allegedly beat and repeatedly beat deaf black man with cerebral palsy

This summer, a deaf black man with cerebral palsy was allegedly beaten and charged by Phoenix police officers, in a violent incident that gained national attention after police body camera footage was released.

In newly released body camera footage, Tyron McAlpin, 34, can be seen walking in a parking lot in Phoenix on Aug. 19 when he is approached by two officers in separate police vehicles. The footage was provided to NPR by McAlpin’s attorney.

Seconds after first speaking to McAlpin, who is deaf, Officer Benjamin Harris jumps out of his vehicle and begins punching McAlpin, followed closely by Officer Kyle Sue, who pushes McAlpin to the ground and also strikes repeatedly, the footage shows.

The incident began shortly before at a nearby Circle K convenience store, where employees called to complain about a white man, identified in the police report as Derek Stevens. The caller said Stevens had been the aggressor during an altercation and was still loitering on the property.

Upon arriving at the scene, according to body camera footage, Harris and Sue briefly speak to Stevens, who then claims he was instead the victim of an assault by McAlpin. Stevens claimed McAlpin hit him and stole his phone.

The man points to McAlpin, who is across the street. Without questioning any witnesses at the scene about Stevens’ claim, the two officers quickly got into their cars to pursue McAlpin.

Harris — who later in the footage complains that he thinks he broke his hand hitting McAlpin — tases McAlpin at least four times as the disabled man writhes on the ground and groans, the body camera footage shows.

Several minutes after the violent confrontation began and while McAlpin was handcuffed on the ground, a woman identifying herself as McAlpin’s wife arrived and told police that McAlpin was deaf and suffered from cerebral palsy.

When she asked the officers to help McAlpin understand that she was there, Harris replied bluntly: “No. He doesn’t need to know.

McAlpin was arrested and charged with two counts of aggravated assault and one count of resisting arrest, according to arrest records. He spent 24 days in jail because he couldn’t pay his $7,500 bail, attorney Jesse Showalter said. He was ultimately able to pay for his release through The Bail Project, a nonprofit organization.

“Tyron never assaulted Derek Stevens and Tyron was never charged with assaulting Derek Stevens,” Showalter told NPR in an email. “Our investigator spoke to Circle K employees who were present that morning and who stated conclusively that Tyron did not assault Derek Stevens.”

Showalter also points to the police report following the incident, which NPR reviewed, that said another officer returned to the convenience store and viewed surveillance footage of the incident. Showalter said those images showed Stevens acting strangely and did not appear to show McAlpin committing any wrongdoing.

Showalter said his office is investigating the conditions in which McAlpin was held in jail and whether accommodations were made for his disability during that time.

DOJ found ‘overwhelming’ evidence of police discrimination in Phoenix

This incident occurred just a few months after a June report of Justice Department found “overwhelming statistical evidence” that Phoenix police discriminate against blacks, Hispanics and Native Americans, illegally detain homeless people and use excessive force, including unjustified deadly force.

“Surveillance and body camera videos show that Officers Harris and Sue immediately used unnecessary force against Tyron,” Showalter said.

“We believe this is consistent with Phoenix’s history of training officers in ‘escalation.’ In other words, Phoenix officers were trained to use significant force to overwhelm U.S. citizens in order to ‘prevent resistance’ before resistance actually existed,” the attorney said. “We believe this case highlights a culture within the Phoenix Police Department that ignores the constitutional rights of American citizens like Tyron.”

Despite the historic findings of the DOJ’s three-year investigation, Phoenix law enforcement has resisted reform, along with the Phoenix Law Enforcement Association. publicly condemning the report.

In a media statement This week, the Phoenix Police Department said, “Nothing the officers said or saw indicated that Mr. McAlpin was hard of hearing. »

The incident remains under investigation by the department’s internal affairs division.

“This incident is the subject of an ongoing internal investigation and was referred to the Office of Professional Standards on August 30, 2024,” the ministry said in a statement. He said the two officers involved are “currently carrying out the duties assigned to them.”

The mayor says the matter deserves a “thorough investigation”

Following public outcry, Phoenix city officials acknowledged the body camera video and said transparency would be key in any investigation into the officers’ actions.

“I watched the body camera footage of an interaction between police and Tyron McAlpin,” Mayor Kate Gallego said, according to member station KJZZ. “I share the deep concern we have heard from some members of our community, and this incident warrants a full and thorough investigation.”

Councilwoman Kesha Hodge said, “This incident unfortunately reignites distrust in our community. As a city, we need to think about how to rebuild and maintain community trust, which is essential to the effective functioning of our institutions.

Maricopa County Prosecutor Rachel Mitchell said in a statement that she is reviewing the case.

“Some members of our community have expressed concerns regarding the accusations against Tyron McAlpin. I have great confidence in the attorneys who work at MCAO (the Maricopa County Attorney’s Office) and those who have reviewed this case thus far,” Mitchell said.

“I also respect those who have raised their concerns. Because of the attention being paid to this case, I will personally review the entire record, as well as the entire video,” she said. “I may be able to reach a different conclusion, or no, but I think this matter deserves further examination. .”

Copyright 2024 NPR