Charges dismissed against deaf black man who police punched and shocked with a Taser

PHOENIX (AP) — All charges have been dismissed against a deaf black man who was repeatedly punched and shocked with a Taser by Phoenix Police officers responding to a call that a man had committed a robbery at a convenience store.

Maricopa County Prosecutor Rachel Mitchell announced Thursday that her office would not pursue criminal charges of resisting arrest and aggravated assault against the man, Tyron Scott McAlpin, 34. The Aug. 19 encounter was first reported late last week on ABC15 Arizona.

Mitchell said in a statement that he began investigating the case last week after the local NAACP chapter shared concerns about McAlpin Prison. She said she reviewed a “large volume” of videos, police reports and other materials.

Police say Officer Benjamin Harris suffered a hand injury when he hit McAlpin, while McAlpin bit Officer Kyle Sue’s hand during the struggle, which was recorded on the officers’ body cameras. The race of none of the officers was revealed in police reports.

In a court hearing, Harris testified that everything could have been avoided if McAlpin had just indicated that he was deaf, ABC15 reported.

Jesse Showalter, an attorney representing McAlpin, said the first officer to make contact with McAlpin was unable to discover that he was deaf because the officer did not take steps to calm the situation and instead immediately began using force.

Darrell Kriplean, president of the Phoenix Law Enforcement Association, said in a statement after Michell’s announcement that the officers were defending themselves.

“At no point did Mr. McAlpin communicate to them that he was hearing impaired or suffered from cerebral palsy,” Kriplean said.

The man who called police said McAlpin, who was walking nearby, punched him in the face.

An officer caught up with McAlpin in a nearby parking lot and immediately placed his hands on him after exiting his patrol vehicle, and the fight began.

McAlpin was arrested on suspicion of assaulting the man who called police, but was not charged with assaulting him.

Showalter said his client was never involved in a fight with the man.

The encounter is under investigation and has been assigned to the agency’s internal affairs unit, the department said.

THE Phoenix Police Department has been accused by the US Department of Justice of discriminating against black, Hispanic and Native American people, of illegally detaining homeless people and of using excessive force, including unjustified deadly force.

The city stated that it is committed to reforms to its police department but resisted efforts to sign a consent decree with the Justice Department.