Phoenix, Ariz. — Police body camera video showing the Aug. 19 arrest by Phoenix police of Tyron McAlpin, a Black man who is deaf and has cerebral palsy, is sparking outrage among civil rights and disability activists.
The video shows that immediately after pulling away, Officer Benjamin Harris jumped out of his vehicle and began punching McAlpin as Officer Kyle Sue rushed toward him. McAlpin was punched at least ten times and was also tased repeatedly. Sue can be heard on the video claiming that McAlpin bit him, and in the police report of the incident, Harris claims that McAlpin waved at him.
McAlpin now faces three charges for allegedly assaulting the officers and resisting arrest.
McAlpin’s attorney, Jesse Showalter, said the video of his client’s arrest is “truly unconscionable.”
“Tyron is just trying to avoid getting hurt by an aggressive, out-of-control police officer,” Showalter said. “He cannot hear any commands he receives, the attack never stops and the officers never do anything to de-escalate the situation.”
Police had been called to a nearby convenience store for a complaint about a white man loitering. The man claimed he was attacked and his mobile phone stolen. When police arrived, he identified McAlpin as the perpetrator, but McAlpin has not been charged in connection with that man’s claims.
Showalter said McAlpin “did nothing wrong, so whatever force they used is excessive, unnecessary and unreasonable.”
Andre Miller, vice president of the Arizona State Conference NAACP, condemned McAlpin’s arrest, saying in a statement: “This brutal attack was due to the false claims of a white citizen, reminiscent of many falsehoods such as Emmit Till have claimed the lives of black citizens. citizens in America Tyron was not a suspect in an actual crime, he had done nothing wrong, and he also has communication problems. His attack happened seconds after the police vehicle was put into park. There was no real communication present at this meeting. “
McAlpin spent 24 days in jail before posting bond. He has pleaded not guilty. Officers only found out he was deaf after the arrest and will continue to work as of Tuesday.
The Arizona Commission for the Deaf and Hard of Hearing said in a statement it was “disheartened by this incident. We have provided POST training for officers to communicate with deaf, hard of hearing, and deafblind Arizonans, but these modules are not currently being used. Cultural and language knowledge and awareness are vital for the safety of everyone.”
Phoenix police declined a request from CBS News for an interview, but said in a statement they are investigating the officers’ actions.
Maricopa County Attorney Rachel Mitchell, the county’s top prosecutor, has also promised to review the case.
“Because of the attention on this case, I will personally review the entire file, as well as the entirety of the video. I may come to a different conclusion, or I may not, but I believe this case deserves additional investigation,” Mitchell said. in a statement.
Phoenix Councilman Kevin Robinson said in a statement Tuesday, “While I cannot comment on the specific details of the incident at this time, I look forward to a thorough investigation that will be conducted in a timely manner.”
The incident took place just two months after damning report from the Ministry of Justice found that the Phoenix Police Department engaged in a pattern of discrimination and excessive force. The Department of Justice is aware of McAlpin’s arrest.
ACLU Arizona Policy Director Darrell Hill said the video showed “yet another devastating example of the Phoenix Police Department’s racial bias and use of excessive force against people who pose no threat to them, including people with disabilities.”
“These types of extreme and disproportionate responses are well documented in the Department of Justice investigation and report. It is clear that the report’s findings are not being taken seriously, that no critical changes are being made by police or city leaders, and that federal oversight is urgently needed.”
Showalter noted that everything seen in the video “postdates the DOJ report. It just goes against everything the city of Phoenix claims to be doing.”
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