A prosecutor in Arizona announced this week that she had dropped charges against a deaf Black man who has cerebral palsy after she reviewed details of his arrest, during which police officers repeatedly punched him and shocked him with a Taser.
The man, Tyron Scott McAlpin, 34, was arrested on Aug. 19 by two officers of the Phoenix Police Department on charges of assault and resisting arrest. The officers believed that Mr. McAlpin had punched a man at a nearby convenience store and stolen his phone.
Video of the arrest, which was recently released, shows the two officers interviewing the man who claimed that he had been robbed at the convenience store. The officers then spotted Mr. McAlpin in a nearby parking lot, where they immediately shoved him to the ground, punched him repeatedly and shocked him with a Taser.
The release of the video drew an outcry from local and state leaders, with some calling on the Maricopa County attorney, Rachel Mitchell, to review Mr. McAlpin’s case. The arrest records said that Mr. McAlpin is deaf and has cerebral palsy.
Ms. Mitchell said in a statement on Thursday that after reviewing the case, she had made the decision to drop the charges against Mr. McAlpin.
Jesse Showalter, a lawyer for Mr. McAlpin, said in a statement on Friday that Mr. McAlpin and his family were grateful to Ms. Mitchell and the Maricopa County Attorney’s Office for its investigation.
“It is unfortunate that the City of Phoenix Police Department still refuses to acknowledge the harms to Tyron caused by their officers and their systemic failures in training and supervision that led to these abuses,” Mr. Showalter said. “We look forward to obtaining justice and accountability from the City of Phoenix.”
The Phoenix Police Department said in a statement on Friday that its investigation of the episode was continuing. The officers, which the Police Department did not name, are still assigned to their precinct.
“We appreciate the important job of the Maricopa County Attorney in making decisions related to prosecution,” the Police Department said. “We respect her decision and the process she went through in reaching her conclusion.”
Concerns over the officers actions came after the Phoenix Police Department faced scrutiny from the U.S. Justice Department, which released the findings of an investigation into systemic problems in the Police Department in June. The Justice Department said that it had found a pattern of misconduct by Phoenix police, including use of excessive force and discrimination against people of color.
The Arizona State Conference N.A.A.C.P., which had called on Ms. Mitchell to review Mr. McAlpin’s case, said on Thursday that the decision to drop the charges against Mr. McAlpin was a “major victory.”
Andre Miller, the vice president of the state conference, said that the “victory demonstrates the power of collective action.”
He added: “When we come together as a community to fight against injustice, we make a lasting impact. Tyron’s case is a reminder that we must continue to advocate for those who cannot always advocate for themselves.”
On the day of the arrest, the Phoenix police were called around 7:40 a.m. about a fight at a Circle K convenience store. When the officers arrived, a man told them that he had been punched in the face and that his phone had been stolen by Mr. McAlpin, who was walking down the street, according to court documents.
The man identified in police reports as the man who said he had been assaulted could not immediately be reached for comment on Friday. A worker at the Circle K had called on the man’s behalf, reporting a fight, but workers at the store had not witnessed a fight, court documents state.
In video of the arrest, an officer is seen approaching Mr. McAlpin in a vehicle, saying to him: “Hey, buddy. Stop where you’re at.”
Within seconds of exiting the vehicle, the officer who was driving and another officer shove Mr. McAlpin to the ground.
“Tase him, tase him, tase him,” one officer is heard saying.
The officers tell Mr. McAlpin to put his hands behind his back before punching him repeatedly and shocking him with a Taser multiple times.
Mr. McAlpin is heard yelling as he appears to writhe in pain from the shocks.
Moments later, a woman approaches and tells the officers that she is Mr. McAlpin’s wife. The woman tells the officers that Mr. McAlpin is deaf and has cerebral palsy, and that she has been on the phone with Mr. McAlpin the whole time.
The woman tells the officers that the man at the Circle K had bothered Mr. McAlpin.
“You guys have the wrong guy,” she says to them.
It was unclear whether the other man faced any charges in the case.
Mr. McAlpin was initially charged with theft, assault and resisting arrest, according to court records. The theft charge was dismissed in September.
In a statement issued on Wednesday, before the charges against Mr. McAlpin were dropped, Michael Sullivan, the interim chief of the Phoenix Police Department, said that he recognized that the video of the arrest was “disturbing and raises a lot of questions.”
Chief Sullivan asked for the public’s patience while the Police Department completed its investigation of the arrest.
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