Charges against Tyron McAlpin, a deaf Black man with cerebral palsy who was forcibly arrested by Phoenix Police two months ago, have been dropped, Maricopa County Attorney Rachel Mitchell announced Thursday.
McAlpin, 34, had been facing charges of resisting arrest and aggravated assault following the August 19 incident, which was caught on body-worn camera footage and first revealed by ABC15’s reporting. McAlpin had previously pleaded not guilty to the charges.
“I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin,” Mitchell said in a statement. The decision follows her thorough examination of the footage showing the interaction between McAlpin and the officers.
The incident occurred when officers, acting on what later proved to be false information from a white man, confronted McAlpin in a parking lot on Indian School Road near 12th Street. The body camera footage shows officers using a Taser and punching McAlpin multiple times in the head as soon as they exited their vehicle, escalating the situation almost immediately.
One of the arresting officers testified that the confrontation could have been avoided if McAlpin had indicated he was deaf. However, McAlpin’s attorney, Jesse Showalter, argued that the officer failed to deescalate the situation and did not take any steps to understand McAlpin’s condition before resorting to force.
“McAlpin’s inability to communicate should have been recognized and handled differently,” Showalter said. “The use of force was unnecessary, and this case could have been resolved peacefully.”
The Phoenix Police Department stated there was no information or observation that indicated McAlpin was hearing impaired at the time of the arrest. However, the footage showing the rapid escalation has sparked widespread criticism and calls for better deescalation practices by law enforcement.
Phoenix Mayor Kate Gallego expressed her concerns before the charges were dropped, stating she was “deeply troubled” by the interaction. She called for a thorough investigation into the actions of the officers involved, and the city has since been working on implementing reforms within the police department.
McAlpin’s case has become a focal point in the ongoing discussion about police conduct in Phoenix, particularly regarding vulnerable populations and the need for improved communication and deescalation techniques.
The dismissal of the charges brings some relief to McAlpin and his supporters, though the incident continues to raise questions about police practices in the city. Mayor Gallego and the Phoenix City Council have pledged to push for reforms, aiming to prevent similar incidents in the future.
