Prosecutors in Arizona have dropped all charges against a deaf Black man with cerebral palsy who was beaten by Phoenix police in August after he didn’t respond to their orders, authorities announced Thursday.
Maricopa County Attorney Rachel Mitchell dismissed criminal charges against 34-year-old Tyron McAlpin after community outrage, including from the local NAACP.
“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,” Mitchell said in a statement. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
Video footage from the encounter showed officers Benjamin Harris and Kyle Sue beating and deploying a stun gun on McAlpin after responding to a trespassing call at a Circle K. When Harris and Sue arrived at the store, they were asked to remove a white man — who claimed he had been attacked by McAlpin.
Harris called out for the man, who was crossing the street, to stop. Video footage shows that within seconds, the officer grabbed McAlpin.
As a struggle between the men ensued, Harris used a stun gun on McAlpin four times. The officers also punched him more than a dozen times. Following his arrest, the deaf man was charged with two counts of aggravated assault on an officer and resisting arrest.
His bail was set at $7,500, but because he could not afford it, McAlpin spent 24 days in jail, his attorney, Jesse Showalter, said.
McAlpin’s violent arrest occurred just months after the Department of Justice found “overwhelming statistical evidence” that Phoenix police discriminates against Black, Hispanic and Native American people.
The report also concluded the department unlawfully detains homeless people and uses excessive force, including unjustified deadly force.
Showalter accused the city of referring charges to the prosecutor’s office to limit damage to the city.
“I believe they brought these charges not because they believed that any crime had been committed, but because they wanted to cover themselves from civil liability for the assault on Tyrone McAlpin,” he said.
“So I am very grateful to hear that Rachel Mitchell has done the right thing, and I know that she made an independent decision based on the evidence,” the attorney added.