Tyron McAlpin, a black man who is deaf and has cerebral palsy, was acquitted of all charges against him following the release of body cam footage on Thursday, where two Phoenix cops can be seen punching and tackling him at a parking lot. One officer can also be seen issuing orders at him as he lay face-down on the ground, and the other one tased him repeatedly.
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The officers involved, Benjamin Harris and Kyle Sue, contended that McAlpin took a “fighting stance” when they first approached him, having driven up there in separate vehicles. They also contended that they came “under immediate attack.” Regardless, USA Today reported that the two have since been forced into administrative leave as investigations into the incident are underway.
Footage shows Tyron McAlpin pinned down as the officers punching and tasing him
On August 19, the cops arrived at the scene after responding to a call by employees of Circle K claiming that a white was trespassing. When the two police officers got to the location and spoke to a man whose identity has yet to be made public, the man claimed to have been assaulted and his phone stolen.
According to CBS News, the man identified Tyron McAlpin as the wrongdoer, prompting the officers to take charge. In the video, one of the cops can be heard saying,
"Hey buddy, stop where you’re at. Have a seat.”
In recanting the incident in a report, per CNN, the confronting officer wrote,
"His hands raised to deliver targeted punches at my face/head, and multiple swings with closed fists at my head."
Per the footage, the officer was the first to initiate contact, as he can be seen charging at him while McAlpin's arms were pinned to his sides. In response, his arms went up, and a fight broke out within minutes. Not long after, the other officer comes up to his brother-in-blue's defense.
"Put your hands behind your back! Hand behind your back, now!”
However, when Tyron McAlpin didn't obey and instead raised his head, the officer pushed his head down. It was then that a woman came up to the cops, identifying herself as his wife. The woman, Jessica Ulaszek, then informed the officers of his disability. The officer retorted:
"Well, he’s under arrest for assault on a police officer. He assaulted somebody at the Circle K. If you can wait over there, I’ll tell you right about it, in a little bit.”
However, Ulaszek was in disbelief:
"I’ve been on the phone with him the whole time. He didn’t assault nobody.”
At one point, per CNN, the footage depicts the two men discussing their injuries. As one claimed he "broke" his hand, the other alleged Tyron McAlpin bit him. While the latter was not charged with thievery, he was charged with three counts of felony for allegedly assaulting the two arresting officers and resisting arrest.
Tyron McAlpin’s attorney says his family is "overjoyed" at having his charges dropped
Phoenix Police revealed in a statement that the case had been turned over to the Professional Standards Bureau on August 30, 2024, CNN revealed. According to the outlet, the Maricopa County Attorney’s Office opted against charging McAlpin with theft, as his lawyers contended that it was a wrongful accusation.
Furthermore, a criminal case against the same was also dismissed on Thursday evening. A statement released by Maricopa County Attorney Rachel Mitchell reads:
"Last Friday, a leader of the local chapter of the NAACP shared his concern with me regarding the prosecution of Mr. Tyron McAlpin. 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."
The statement continued:
"On Tuesday of this week, I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case. I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
In speaking of his acquittal, Tyron McAlpin’s attorney, Jesse Showalter, told CNN,
"On behalf of Tyron and his family, we are overjoyed. Rachel Mitchell has done the right and just thing after an independent review. These were unjust charges brought against Tyron and we are deeply saddened that the City of Phoenix and its officers allowed the case to progress as far as it did.”
He continued, reflecting on the racist undertones of the case:
"This case highlights continuing issues with the city of Phoenix, Phoenix police and its police culture. We look forward to obtaining accountability and justice from the City of Phoenix."
Showalter also told CNN that Tyron McAlpin was undeserving of the "police contact" he dealt with and contended that the officers violated his client's Fourth Amendment rights: protection against unreasonable search and seizure.
His attorney also revealed that Tyron's "cerebral palsy affects his ability to control his limbs and his fine motor skills,” prompting the officer to misinterpret his body movements. Regarding the footage, he pointed out that "a careful review of the video shows that his hands are contracted throughout and that he was not making fists at any point."
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