PHOENIX — All allegations have been dropped against a deaf Black individual, Tyron Scott McAlpin, aged 34, who faced excessive force from Phoenix police officers responding to an alleged assault at a convenience store.
Maricopa County Attorney Rachel Mitchell disclosed on Thursday that her office would refrain from pursuing felony charges of resisting arrest and aggravated assault against McAlpin. This incident, which took place on August 19, gained attention last week through reports by local media.
Mitchell initiated a review of the case following concerns raised by the local NAACP chapter regarding McAlpin’s treatment during the arrest. She indicated that her examination involved a comprehensive analysis of videos, police documents, and additional evidence.
According to reports, Officer Benjamin Harris sustained a hand injury while confronting McAlpin, who reportedly bit Officer Kyle Sue during their altercation, which was recorded on the officers’ body cameras. The racial backgrounds of the involved officers were not disclosed in the available police documentation.
During a court appearance, Harris claimed that the entire incident could have been avoided had McAlpin communicated his deafness. However, Jesse Showalter, McAlpin’s attorney, argued that the initial officer failed to identify McAlpin’s disability as he neglected to take appropriate measures to de-escalate the situation and opted to use force instead.
Darrell Kriplean, president of the Phoenix Law Enforcement Association, expressed in a statement following Mitchell’s announcement that the officers involved were acting in self-defense. He stated, “At no time did Mr. McAlpin convey to them that he was hearing impaired or suffered from cerebral palsy.”
The individual who alerted the authorities alleged that McAlpin attacked him by punching him in the face while McAlpin was in the vicinity. An officer located McAlpin in a neighboring parking lot and immediately engaged him, leading to the unfolding struggle.
McAlpin faced initial suspicion of assaulting the individual who reported him to the police; however, he was not charged in relation to that accusation. His attorney maintains that McAlpin was never involved in any confrontation with the caller.
This incident remains under investigation, with the internal affairs unit of the department assigned to review the circumstances. The Phoenix Police Department is currently facing scrutiny from the U.S. Justice Department for various allegations, including discrimination against Black, Hispanic, and Native American populations, unlawful detainment of homeless individuals, and excessive force alongside unjustified lethal force.
While the city has affirmed its dedication to reforming its police practices, it has shown hesitance towards entering a consent decree with the Justice Department, which may enforce stricter oversight and accountability measures.