All legal charges against Tyron McAlpin, a deaf Black man with cerebral palsy, were dropped by authorities on Thursday, following a violent incident with Phoenix police who beat him after he did not respond to their commands, according to an Arizona prosecutor.

County Attorney Rachel Mitchell announced the dismissal of charges against McAlpin, 34, amidst public outrage over the brutal treatment he endured at the hands of law enforcement.

Footage from the incident shows two officers from the Phoenix police force assaulting McAlpin and using a Taser multiple times after he didn’t comply with their orders. McAlpin had been charged with two counts of aggravated assault against an officer and resisting arrest, according to court documents.

Mitchell stated that she made the decision to drop the charges after thoroughly reviewing the evidence and consulting with senior lawyers and community members. Her investigation was initiated after concerns were raised by a leader of the local NAACP regarding McAlpin’s prosecution.

“After completing my review, I have decided to dismiss all remaining charges against Mr. McAlpin,” said the experienced prosecutor in her statement.

In light of newly released body camera footage that sparked a national discussion, numerous public officials and community figures had called on Mitchell to drop the charges. McAlpin’s incident occurred in August.

Arizona Senator Anna Hernandez and State Representative Analise Ortiz, both Democrats, issued a joint statement on Wednesday regarding the arrest, labeling it as reflective of broader systemic issues within the Phoenix Police Department.

“Tyron is deaf and has cerebral palsy, and should never have faced such a violent assault from officers,” the statement emphasized. “Worse still, Tyron, who committed no wrongdoing, was facing charges of resisting arrest.”

The two lawmakers noted that the U.S. Department of Justice had investigated the Phoenix Police Department, concluding in June that the department systematically employed illegal excessive force, particularly against people of color.

Advocates argue that the incident highlights the challenges faced by deaf or disabled individuals when interacting with police.

“Sadly, these situations are not unusual,” Nikki Soukup, the public policy director for the Arizona Commission for the Deaf and the Hard of Hearing, conveyed to YSL News via email. “Concerns include the risk of being misunderstood—like gestures being perceived as aggressive—or not comprehending the officer’s commands and being accused of non-compliance.”

Concerns over police use of force

The incident involving McAlpin’s violent treatment is part of a larger pattern where police react aggressively toward individuals who do not immediately comply with commands.

Similar cases involving deaf individuals and problematic police encounters include:

• In 2019, Brady Mistic, who is also deaf, was charged with resisting arrest and assaulting officers in Idaho Springs, Colorado. Mistic later sued for excessive force, alleging that officers forced him to the ground and used a stun gun when he failed to respond to commands he could not hear. He spent months in jail without access to an interpreter.
• In 2017, Magdiel Sanchez was shot and killed by Oklahoma City police outside his home while holding a metal pipe and failing to heed verbal commands, according to the Associated Press. Witnesses alerted officers that Sanchez was deaf, but the police claimed they did not hear those warnings before firing.
• Oklahoma settled a lawsuit for $175,000 after Pearl Pearson claimed excessive force was used against him during a 2014 traffic stop when he couldn’t communicate effectively or follow verbal instructions. His injuries were described as severe.

McAlpin survived the assault; however, many who fail to promptly heed police orders tragically lose their lives, particularly disabled individuals who struggle to understand officers’ directions.

Reports indicate that a quarter of those killed by police have a mental illness, according to the Treatment Advocacy Center, which advocates for better treatment options for individuals experiencing mental health issues.

Additional examples include:

• Yong Yang, a 40-year-old man facing a mental health crisis, was shot and killed by police on May 2 in his parents’ Los Angeles apartment where he had barricaded himself. Following the release of video footage, Yang’s family demanded the involved officer be fired and prosecuted.
• In December 2023, officers from the Village of Elk Grove police department fatally shot Jack Murray outside his family’s suburban Chicago home after he summoned them. Footage depicted the 24-year-old approaching police while holding a knife prior to being shot.
• In March, Ryan Gainer, a Black teen with autism, was shot dead by San Bernardino County sheriff’s deputies after they responded to a report of him assaulting family members. Body camera footage showed deputies opened fire when Gainer ran toward them wielding a garden tool.

Will the officers face consequences?

The release of video footage has reignited calls for the Phoenix Police Department to place the involved officers, Benjamin Harris and Kyle Sue, on administrative leave while their actions are reviewed.

The use of force by police, including deadly force, remains a significant issue. Research indicates that the overwhelming majority of law enforcement officials do not face prosecution for fatal incidents occurring during their duties, and the procedures for internal disciplinary actions differ widely among the 18,000 police departments across the United States.

One notable case is Sean Grayson, a former sheriff’s deputy in Illinois, who shot and killed Sonya Massey in her kitchen after she picked up a cooking pot. He was swiftly terminated just days after the incident and was charged with murder.

In contrast, it took authorities one year to charge Connor Grubb, a police officer from Blendon Township, after he fatally shot Ta’Kiya Young inside her vehicle during an encounter in Ohio.

Data from Mapping Police Violence reveals that many police shootings are initiated during routine activities such as traffic stops, mental health checks, or disturbances, often related to minor, non-violent offenses, or situations where no crime was reported.

In 2023, police killed over 1,200 individuals, a figure that the Mapping Police Violence project highlighted has been increasing consistently over the past decade.

As the number of deaths has increased, the incidence of police being charged with violent on-duty offenses—like murder, manslaughter, and assault—has also risen. However, such charges are still uncommon, with less than 2% resulting in an officer being charged and only about 1% leading to a conviction, according to the Mapping Police Violence data.