Tyron McAlpin case in Phoenix draws outcry from disability groups

Graphic video of two Phoenix police officers beating and shocking a deaf Black man who has cerebral palsy has drawn national scrutiny and shined a light on what advocates say is the unjust reality of deaf or disabled people who encounter police.

Police said Tyron McAlpin, 34, did not respond to their verbal orders and assaulted them when they physically apprehended him almost two months ago. Arizona authorities dismissed a criminal case against McAlpin Thursday evening but he initially faced charges of two counts of aggravated assault on an officer and resisting arrest, according to court records.

McAlpin’s arrest occurred in August, but the release of the video footage this week has renewed calls for the Phoenix Police Department to put the officers involved, Benjamin Harris and Kyle Sue, on administrative leave while investigating their conduct.

Disability and civil rights advocates say police used unnecessary force when the man didn’t hear their commands.

McAlpin’s experience is not unique, advocates say. Examples of police use of force – and sometimes, deadly force – against disabled Americans have made headlines across the country. Many say they fear encountering police and facing violence or harassment if they don’t respond to police commands the way police expect them to.

“Unfortunately … these situations are not uncommon,” Nikki Soukup, public policy director for the Arizona Commission for the Deaf and the Hard of Hearing, told USA TODAY by email. “Fears include being misinterpreted – such as if using gestures, which may be mistaken for aggressive actions – or not understanding the officer’s instructions and being accused of not cooperating.”

Maricopa County Attorney Rachel Mitchell announced the dismissal of the charges against McAlpin in a statement.

“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,” said the veteran prosecutor. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”

More:Arizona prosecutors drop charges against deaf Black man beaten by Phoenix police

What happened the day of the arrest?

According to the body camera footage and records, the officers responded to a call made by employees of a Circle K store and gas station that another man, who was white, was trespassing. When the officers arrived and spoke to the other man, whose identity hasn’t been publicly released, the man told them he had just been assaulted, and pointed to McAlpin across the street.

McAlpin’s lawyer has said these accusations were unfounded, and McAlpin was not charged in an assault on that man.

The officers then drove up alongside McAlpin, without speaking to other witnesses or interviewing the man further beforehand. In the video, McAlpin can be seen walking across the Dollar Store parking lot when Sue drives up to him and says, “Hey buddy, stop where you’re at.” 

After a brief moment without a response from McAlpin, the officer reached out and a struggle began as Sue grabbed McAlpin’s arm. McAlpin appeared to push back and raise his arms. The officers brought McAlpin to the ground, repeatedly punched McAlpin and used a Taser on him multiple times while telling him to put his hands behind his back.

McAlpin was eventually put into handcuffs. Though it’s not clearly shown in the video, McAlpin is also accused of biting Harris at some point during the struggle.

The officers in court records and at an initial court appearance that determined probable cause for the arrest said McAlpin took a fighting stance, was going to run from the scene and struck the officers, station KNXV-TV reported.

“This police officer, out of the gate, assaults him, and uses Tyron’s attempts to protect himself to try to justify felony charges,” McAlpin’s attorney, Jesse Showalter, told the outlet. “He’s deaf. He couldn’t understand what they were doing, and he had done nothing wrong.”

Police interactions with deaf and disabled people at issue

When approaching someone who is deaf, Soukup said police should make sure the person is aware of their presence by waving to get their attention or tapping them on the shoulder. If an officer isn’t sure someone is deaf but sees they aren’t responding to a question or verbal command, they should take a moment to ask the person whether they are deaf by using basic American Sign Language or gesturing.

“Having knowledge of even basic ASL to ask if the person is Deaf or hears is an essential and potentially life-saving skill,” Soukup said.

Deaf people have the right to access effective communication under the Americans with Disabilities Act, a federal law. That includes during an arrest, Soukup said. That may include a licensed interpreter, or if it is appropriate for the individual, written communication.

Harris testified during an initial hearing in early October that if the officers were informed that McAlpin was deaf, they would have communicated with him in another way such as writing on a piece of paper.

“At what point did he have an opportunity to even try to communicate with an officer? He did not,” The Rev. Andre Miller, vice president of the Arizona NAACP, told USA TODAY in response.

Miller said that even if McAlpin weren’t deaf, the rapid escalation by the officers was unacceptable and would not have offered anyone the opportunity to respond or comply.

A woman who said McAlpin was her husband told police she was talking to him using American Sign Language through a video call before he was approached by the officers, the body camera footage shows.

“The video shows Tyron walking, seemingly talking to his girlfriend on his phone. As the truck pulled up, he walked away, still focused on the phone. He wasn’t aware of what was happening until the moment he was suddenly jumped upon,” Soukup said.

The Arizona Commission for the Deaf and Hard of Hearing said it has provided training materials for police “specifically designed to equip law enforcement with the tools and knowledge to communicate effectively with those who are Deaf, Hard of Hearing and DeafBlind,” but that the training was not being used enough.

“Efforts toward understanding cultural and disability norms are crucial to preventing unnecessary harm and ensuring equitable treatment for all,” the organization said in a statement.

A long history of ‘police violence and criminalization’

The U.S. has a long history of “police violence and criminalization of Black deaf/disabled people,” according to a statement shared with USA TODAY by the organization HEARD, a group that supports deaf and disabled people in the criminal justice system.

HEARD said police brutality in cases like McAlpin’s shows a need for discussions about the ties between “racism, classism and audism and ableism,” or discrimination against deaf and disabled people, within policing.

“We wish Tyron McAlpin and his family healing and hope to see our communities rally behind them as they navigate the horrific aftermath of this violence,” the organization said.

In 2019, Brady Mistic, who is also deaf, was charged with resisting arrest and assaulting police officers in Idaho Springs, Colorado. Mistic filed a lawsuit for use of excessive force two years later, claiming the officers forced him to the ground and used a stun gun on him when he didn’t respond to commands he couldn’t hear. He spent months in jail and was denied an interpreter, he said.

In Florida, a police officer, Jonathan Aledda, was found guilty of culpable negligence for a 2016 shooting that injured the caregiver of an autistic man. Aledda aimed for the autistic man, who was sitting in the street holding a shiny silver toy truck that police thought was a gun. Charles Kinsey, the man’s caregiver, tried to tell police they both were unarmed.

In 2017, Magdiel Sanchez was fatally shot by Oklahoma City police officers in front of his home when he approached the officers holding a metal pipe and failed to respond to their verbal commands, The Associated Press reported. Witnesses yelled to the officers that Sanchez couldn’t hear them, but police captain Bo Mathews said the officers didn’t hear the warnings and opened fire.

Oklahoma paid $175,000 to settle claims that its highway patrol used excessive force against Pearl Pearson, who sued after being injured during a 2014 traffic stop when he was unable to communicate or follow verbal directions. He was beaten “to a pulp,” his lawyer Derek Burch said.

Advocates call for dropped charges, training for police

Civil rights and disability groups have expressed outrage over McAlpin’s treatment and called for an investigation. The Arizona NAACP also called for police to undergo training on interacting with disabled people. The NAACP’s call for the charges to be dropped prompted the county attorney’s review of the case that led to the dismissal.

Miller told USA TODAY the case is reminiscent of examples of police brutality against Black people all around the country.

“It’s heartbreaking,” Miller said. “(Police) are not listening to the community. They’re not listening to Black and brown communities.”

The training offered by the ACDHH included information about the Americans with Disabilities Act, communication techniques, cultural factors and services in the state for interpreting, Soukup said. The organization has long been “proactive” in providing these materials, and was even invited by Phoenix police to provide training in police academy.

“However, we have recently learned that these modules are not being much utilized, despite their availability,” the organization said in a statement on social media.

“This situation underscores the critical importance of law enforcement receiving thorough training and becoming knowledgeable about the diverse disabilities, languages and cultures throughout our state and the U.S. as a whole,” Soukup said.

The Phoenix Police Department recently came under fire when a Justice Department investigation found it systematically discriminates against people of color and against people with behavioral health disabilities in a manner that “violates the U.S. Constitution and federal law.” The findings came in June, before McAlpin’s violent arrest.

The Phoenix Police Department told USA TODAY in a statement that the August incident is the subject of an ongoing investigation and was assigned Aug. 30 to the Professional Standards Bureau. McAlpin spent 24 days in jail before making bond, according to CBS News, and pleaded not guilty. The officers remained on duty as of Thursday, police department spokesperson Donna Rossi said.

Contributing: Michael Loria, USA TODAY; Miguel Torres and Madeleine Parrish, the Arizona Republic; Reuters