Prosecutors in Arizona have dropped all charges against a deaf black man with cerebral palsy. Beaten by Phoenix Police Authorities made the announcement Thursday after he failed to comply with the order in August.
Maricopa County Attorney Rachel Mitchell dismissed criminal charges against 34-year-old Tyrone McAlpin following outrage from the community, including the local NAACP.
“I have promised to personally review this case, including extensive video recordings, police reports, and other materials sent to my office,” Mitchell said in a statement. “I have now completed my review and have decided to dismiss all remaining charges against Mr. McAlpin.”
Video footage of the encounter showed officers Benjamin Harris and Kyle Hsu punching McAlpin and firing a stun gun after responding to a trespassing call at the Circle K. When Harris and Sue arrived at the store, they were asked to remove a white man. He claimed he had been attacked by McAlpin.
Harris yelled at the man who was crossing the street to stop. Video footage shows officers grabbing McAlpin within seconds.
As the men continued to struggle, Harris used a stun gun on McAlpin four times. Police officers also punched him more than a dozen times. After his arrest, the deaf man was charged with two counts of aggravated assault on a police officer and resisting arrest.
McAlpin's bail was set at $7,500, but he spent 24 days in jail because he couldn't afford it, his attorney Jesse Showalter said.
McAlpin's assault arrest came just months after the Justice Department found “overwhelming statistical evidence” that Phoenix police discriminated against blacks, Hispanics and Native Americans.
The report also concluded that the department illegally detained homeless people and used excessive force, including unreasonable deadly force.
Showalter accused the city of filing the charges with prosecutors to limit the damage to the city.
“I don't think they filed these charges because they believed any crime had been committed, but because they wanted to escape civil liability for the assault on Tyrone McAlpin,” he said.
“So we are very grateful to hear that Rachel Mitchell did the right thing, and we know that she made an independent decision based on the evidence,” the attorney added.
