Criminal charges dropped for deaf Black man beaten by Phoenix cops

Tyron McAlpin, the deaf Black man with cerebral palsy whose brutal beating and tasing at the hands of Phoenix police caused an international outcry for the past week, will no longer face criminal assault charges related to the incident.

On Thursday, Maricopa County Attorney Rachel Mitchell announced she had completed a review of the case and decided to “dismiss all remaining charges against Mr. McAlpin.”

McAlpin was arrested for resisting arrest and aggravated assault on Aug. 19. Last week, ABC 15 investigative reporter Dave Biscobing unveiled body-camera and security footage that showed Phoenix police officers Ben Harris and Kyle Sue pouncing on McAlpin in a parking lot within one second of exiting their police vehicle.

Lola N'sangou, the executive director of the social justice organization Mass Liberation Arizona, called the charges against McAlpin "absurd and unjustifiable" in a statement to Phoenix New Times, adding the charges "should never have been filed."

"Let’s be clear: This decision wasn’t made because Mitchell values accountability or is capable of making sound decisions. It happened because the public and the media had to rise up, call her out and demonstrate outrage," N'sangou's statement added. "This is a politically opportunistic move meant to save face, not serve the community.

"Rachel Mitchell’s incompetence is glaring. Her office should have immediately seen this case for what it was: a racist attack on a Black man who was a victim of police violence."

The officers stopped McAlpin while responding to a baseless assault accusation made by a white man they’d been called to trespass from a nearby convenience store. The arrest of McAlpin remains under internal police department review, although Biscobing reported that McAlpin’s defense attorneys were not made aware of that fact at the start of his criminal trial.

In her statement announcing that charges would be dropped, Mitchell said “a leader of the local chapter of the NAACP shared his concern with me regarding the prosecution of Mr. Tyron McAlpin” soon after the video was publicized. She added that her review included examining “a large volume of video recordings, police reports and other materials that have been forwarded to my office.”

“I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case,” Mitchell’s statement said.

In her statement, N'sangou took issue with Mitchell "invoking the NAACP to justify a decision she should have made long ago."

"That it took so long to drop (the charges) is not just a miscarriage of justice, it’s a reflection of how deep systemic racism runs in her office," N'sangou said. "Rachel Mitchell should be held fully accountable for enabling this grotesque abuse of power.

Mitchell’s statement did not address whether Harris or Sue — neither of whom mentioned McAlpin’s disabilities in their arrest reports, despite being told about them at the time — will face criminal charges. The police department’s internal investigation is ongoing.

The violent arrest came as trust between the public and Phoenix police is particularly low. In June, the U.S. Department of Justice issued a damning 126-page report on the department. Among other issues, it outlined a pattern by Phoenix police of using unnecessary force and discriminating against people of color. Additionally, the report noted that Phoenix police officers who commit such constitutional violations rarely face discipline.

As Biscobing reported on social media, one of the prosecutors in the case also was involved in a "bogus" case against a public defender and Black Lives Matter organizer in 2019. In 2020, the Maricopa County Attorney's Office also was caught falsely charging a group of protesters as a made-up criminal street gang.