In a disturbing incident that took place this past summer, Phoenix police officers were captured on body camera footage using excessive force on a Black man with cerebral palsy who is also deaf. Tyrone McAlpin, the individual involved, was repeatedly punched and tasered by the officers. This arrest has raised serious concerns, particularly in light of a recent Department of Justice (DOJ) report that criticized the Phoenix Police Department for various forms of misconduct, including racial bias and excessive use of force.
Incident Overview
The arrest of Tyrone McAlpin occurred a few months after the DOJ released a significant report criticizing the Phoenix Police Department’s handling of various types of arrests, particularly those involving marginalized groups. According to a report by ABC 13’s Chief Investigator Dave Biscobing, Phoenix police officials have acknowledged the incident but have limited their comments, only confirming that the case is currently under internal investigation. This incident is now seen as a “test case” for the Phoenix Police Department as they attempt to demonstrate to the DOJ that they do not require federal oversight. However, cases like McAlpin’s raise serious doubts about the effectiveness of these efforts.
The Arrest and Use of Force
Body camera footage from the incident shows a Phoenix police officer approaching McAlpin, who was standing near a convenience store. As soon as the officer arrived, he quickly engaged with McAlpin, despite McAlpin’s apparent inability to understand the officer due to his deafness. Despite his physical and communication limitations, McAlpin was subjected to at least ten punches and four Taser discharges. McAlpin’s attorney, Walter Showalter, described the arrest as a violent and unjustified assault. Showalter indicated that the repeated violence against McAlpin was uncalled for, especially considering his physical disabilities and his inability to communicate effectively with the officers.
The police justified their actions by alleging that McAlpin had resisted arrest and attempted to walk away from the officers, even claiming that he took a “fighting stance” against them. However, Showalter argued that the footage contradicts these claims, suggesting that McAlpin was simply trying to protect himself from the officers’ aggressive behavior. At one point, police officers claimed McAlpin bit one of them, a charge his attorney refutes, stating that this only could have happened if the officer forced his hand into McAlpin’s mouth while he was restrained.
Details Leading to the Arrest
The incident began when Circle K employees reported an altercation involving a Caucasian man in the convenience store. The employees asked police to remove the individual, who was reportedly behaving aggressively and lying on the floor, refusing to leave. Upon arriving, however, the officers spoke with the man in question, who alleged that he had been assaulted. Rather than investigating further, the officers went directly after McAlpin, who was standing across the street. According to McAlpin’s attorney, the officers assumed that the Black man was at fault without proper inquiry, relying solely on the word of the original suspect.
When officers approached McAlpin, they immediately escalated the situation, initiating physical contact and using a Taser on him multiple times. They later charged McAlpin with aggravated assault and resisting arrest, despite the lack of evidence indicating that he was involved in any altercation with the original suspect. In police reports, there is no indication that officers were made aware of McAlpin’s deafness or cerebral palsy, though it appears to have been evident during the encounter.
Legal and Public Response
This incident has led McAlpin and his attorney to file an excessive force lawsuit against the Phoenix Police Department. The lawsuit will likely argue that the police officers involved in McAlpin’s arrest violated his civil rights and used unnecessary force on a vulnerable individual with disabilities. Additionally, the incident aligns with many of the issues identified in the DOJ’s report, which cited the Phoenix Police Department for having a pattern of racial bias, escalating situations unnecessarily, and not providing people with adequate opportunities to comply before using force.
In August, the DOJ’s findings had already brought attention to the police department’s use of chokeholds, excessive Taser use, and inadequate response to individuals with disabilities. McAlpin’s attorney noted that this incident serves as a glaring example of the concerns raised in the report, and he questions how the city can assert that it is addressing the DOJ’s findings when cases like McAlpin’s continue to emerge. While the officers involved are currently under internal investigation, McAlpin still faces felony charges, and the officers have recently testified against him in court.
Ongoing Investigation and Next Steps
As McAlpin awaits the progression of his case, the Phoenix Police Department faces growing pressure to demonstrate accountability and transparency in their internal review processes. The DOJ will likely scrutinize the outcomes of these investigations closely, as the case could determine whether federal oversight is indeed necessary to ensure proper conduct by Phoenix police officers. This case also highlights ongoing tensions between the police department and community members who are increasingly concerned about the use of force against individuals with disabilities and people of color.
In the meantime, McAlpin’s legal team is preparing to challenge the charges against him, with the hope of dismissing them based on evidence from the body camera footage. They are also planning to move forward with their lawsuit, aiming to seek justice for what they view as a wrongful and aggressive arrest. This incident underscores the urgent need for police reform and serves as a potent reminder of the issues facing individuals with disabilities in encounters with law enforcement.