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Tyron McAlpin, a Black man who is deaf and has cerebral palsy, faces charges of aggravated assault and resisting arrest following an incident in August, during which he was reportedly punched and tased by two Phoenix police officers. McAlpin’s attorneys argue that the charges are baseless and assert that the officers should be held accountable for their unlawful use of force.
According to a police incident report obtained by ABC 15 Arizona, McAlpin was arrested on August 19, 2024, after he allegedly attempted to steal a bike from a white man named Derek Stevens at a Circle-K gas station and fled the scene. Officers Benjamin Harris and Kyle Sue, responding to the incident, located McAlpin at a nearby Dollar Tree store based on Stevens’ description. The report claimed that McAlpin “engaged in active aggression,” swinging punches at the officers with closed fists.
However, body camera footage from Dollar Tree contradicts this account, showing one of the officers exiting their vehicle and rushing toward McAlpin before striking him multiple times.
McAlpin was punched and tased during his arrest.
McAlpin’s lawyers assert that he was punched in the head at least ten times and tasered four times before the officers wrapped their arms around his neck. In their report, officers Sue and Harris claimed that McAlpin failed to comply with their demands. However, McAlpin’s attorneys contend that body camera footage and surveillance video contradict the officers’ statements, pointing out a clear reason for his inability to comply.
“It’s hard for me to see how the city can come out and say with [a] straight face that it is meeting the DOJ report head-on when this man is being charged with assault on police officers for this incident,” said Jesse Showalter, one of McAlpin’s attorneys.
“The answer is easy. He’s deaf. He couldn’t understand what they were doing. And he had done nothing wrong,” Showalter continued. “Everything I see in that video is Tyron just trying to avoid being harmed by these officers and that only makes them increase the escalation and the violence that they’re using.”
Stevens may have lied on McAlpin, lawyers say.
McAlpin’s attorneys are urging Phoenix and the Department of Justice to assess the need for federal oversight of the police department. They contend that issues such as racial bias, excessive force, inappropriate use of tasers and chokeholds, and violations of the rights of individuals with disabilities must be addressed.
There are also concerns regarding the veracity of Stevens’ allegations against McAlpin. According to ABC 15 Arizona, Circle K employees reported that Stevens was causing disturbances and refused to leave the store prior to McAlpin’s arrest in August. During the incident, Stevens claimed he was assaulted by a Black man and pointed to McAlpin across the street. His “assault claim was later refuted by store employees and surveillance video, records show,” the outlet noted.
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