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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 an assault at a convenience store.
Maricopa County Attorney Rachel Mitchell announced late Thursday that her office would not pursue felony charges of resisting arrest and aggravated assault against the man, Tyron Scott McAlpin, 34. The Aug. 19 encounter was first reported late last week by ABC15 Arizona.
Mitchell said in a statement that she began looking into the case last week after the local NAACP chapter shared concerns about McAlpin's arrest. She said she reviewed a “large volume” of videos, police reports and other materials.
Police say Officer Benjamin Harris suffered a hand injury when hitting McAlpin, while McAlpin bit the hand of Officer Kyle Sue during the struggle, which was recorded on the officers' body cameras. Neither officer’s race was revealed in police reports.
At a court hearing, Harris testified that everything could have been avoided if McAlpin had just indicated he was deaf, ABC15 reported.
Jesse Showalter, an attorney representing McAlpin, said the first officer to make contact with McAlpin wasn’t able to figure out he was deaf because the officer took no steps to de-escalate the situation and instead immediately started 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 time did Mr. McAlpin convey to them that he was hearing impaired or suffered from cerebral palsy,” Kriplean said.
The man who called the police told them that McAlpin, who was walking nearby, punched him in the face.
An officer caught up with McAlpin in a nearby parking lot and immediately put his hands on him after stepping out of his patrol vehicle, and the struggle began.
McAlpin was arrested on suspicion of assaulting the man who called the police but wasn't charged with assaulting him.
Showalter said his client was never involved in a fight with the man.
The encounter is under investigation and was assigned to the agency's internal affairs unit, the department said.
The Phoenix Police Department has been accused by the U.S. Justice Department of discriminating against Black, Hispanic and Native American people, unlawfully detaining homeless people and using excessive force, including unjustified deadly force.
The city has said it is committed to reforms in its police department but has resisted efforts to enter a consent decree with the Justice Department.
