Disturbing footage showing two Phoenix police officers assaulting and using a Taser on a deaf Black man with cerebral palsy has triggered national outrage, highlighting the challenging experiences faced by deaf and disabled individuals in encounters with law enforcement.

Authorities reported that Tyron McAlpin, 34, allegedly did not comply with their verbal orders and resisted when officers attempted to detain him nearly two months ago. He is currently being charged with two counts of aggravated assault against an officer and resisting arrest, charges he has pleaded not guilty to.

Although McAlpin’s incident took place in August, the release of the video this week has reignited demands for the Phoenix Police Department to place officers Benjamin Harris and Kyle Sue on administrative leave during the ongoing investigation and to dismiss the charges against McAlpin.

Advocates for disability and civil rights argue that excessive force was used by police when the man was unable to hear their demands.

Advocates emphasize that McAlpin’s ordeal is not an isolated case. Incidents involving police violence—sometimes fatal—against disabled Americans have become common news stories. Many express fear of confronting law enforcement due to potential violence or mistreatment if they cannot follow police instructions.

“Sadly, these occurrences are not rare,” Nikki Soukup, public policy director for the Arizona Commission for the Deaf and the Hard of Hearing, shared via email with YSL News. “Concerns arise about being misinterpreted—like gestures being seen as aggressive—or not grasping the officers’ commands, which can lead to accusations of non-compliance.”

What transpired on the day of the arrest?

Based on body cam footage and reports, the officers were called to a Circle K store and gas station regarding a white man suspected of trespassing. Upon arrival and following a conversation with this unnamed individual—who claimed he had been assaulted—the man directed the officers to McAlpin, who was situated across the street.

McAlpin’s attorney contended these claims were groundless, and he was not implicated in any assault on the man.

The officers proceeded to approach McAlpin without consulting any other witnesses or conducting further inquiry into the initial complaint. In the video, McAlpin is seen walking across the Dollar Store parking lot when Officer Sue calls out, “Hey buddy, stop where you’re at.”

After a brief pause without a reply from McAlpin, Officer Sue lunged towards him, initiating a struggle as he grabbed McAlpin’s arm. McAlpin appeared to brace himself and raise his arms. The officers then tackled McAlpin to the ground, delivering multiple punches and deploying a Taser while instructing him to place his hands behind his back.

Ultimately, McAlpin was restrained with handcuffs, although the video does not clearly show it, he is also accused of having bitten Officer Harris during the altercation.

The officers later stated in court documents and an initial hearing related to the probable cause of the arrest that McAlpin assumed a fighting stance, appeared ready to flee the scene, and struck the officers, according to reports from KNXV-TV.

“Right from the start, this officer assaults him and uses Tyron’s instinct to defend himself as a rationale for felony charges,” McAlpin’s lawyer, Jesse Showalter, said. “He’s deaf. He couldn’t comprehend what was happening and had done nothing wrong.”

Concerns over police interactions with deaf and disabled individuals

When officers engage with someone who is deaf, Soukup advises that they should make their presence known by waving for attention or lightly tapping the individual on the shoulder. If there is uncertainty about whether someone can hear, officers should pause and inquire if the person is deaf through basic American Sign Language or simple gestures.

“Understanding even basic ASL to confirm if an individual is Deaf or hearing is an important and potentially life-saving ability,” Soukup emphasized.

Under the Americans with Disabilities Act, deaf individuals have the right to effective communication, including during arrests, Soukup explained. This might involve the use of a licensed interpreter or, if appropriate, written communication.

During an initial hearing in early October, Officer Harris stated that had the officers known McAlpin was deaf, they would have communicated differently, perhaps using written notes.

“When did he even get a chance to try to communicate with the officers? He didn’t,” Rev. Andre Miller, vice president of the Arizona NAACP, remarked to YSL News in response.

Miller pointed out that even if McAlpin were not deaf, the officers’ quick escalation of force was unacceptable and would have left anyone little room to respond or comply.

A woman identifying herself as McAlpin’s wife informed police that she was using American Sign Language to communicate with him via video call right before the interaction with the officers, as shown in the body camera footage.

As he was walking and seemingly engaged in a phone conversation with his girlfriend, he remained unaware of his surroundings until he was suddenly tackled by the approaching truck, noted Soukup.

The Arizona Commission for the Deaf and Hard of Hearing stated that it has developed specialized training materials for law enforcement to help them communicate effectively with individuals who are Deaf, Hard of Hearing, or DeafBlind. However, they emphasized that this training is not being utilized to its full potential.

“Understanding cultural and disability norms is vital for preventing unnecessary harm and ensuring fair treatment for everyone,” the organization remarked in a statement.

A Long History of Police Violence and Criminalization

In a statement shared with YSL News by the organization HEARD, which advocates for deaf and disabled individuals within the criminal justice system, it was highlighted that the U.S. has a troubling history of “police violence and criminalization against Black deaf and disabled individuals.”

HEARD stressed that incidents like McAlpin’s illustrate the urgent need to address the intersections of “racism, classism, audism, and ableism”—discriminatory practices against deaf and disabled individuals—in policing.

“We extend our well wishes for healing to Tyron McAlpin and his family, hoping to see our communities support them through the devastating aftermath of this violence,” the organization conveyed.

In a separate case from 2019, Brady Mistic, who is deaf, faced charges for resisting arrest and assaulting officers in Idaho Springs, Colorado. He later filed a lawsuit alleging excessive force, claiming that officers pinned him to the ground and used a stun gun when he did not react to commands he could not hear. He stated that he spent several months behind bars without access to an interpreter.

In another incident in Florida, Officer Jonathan Aledda was convicted of culpable negligence following a 2016 shooting that injured the caregiver of an autistic man. Aledda fired at the autistic man, who was sitting on the street with a shiny toy truck, mistaking it for a weapon, while the caregiver, Charles Kinsey, attempted to inform police that they were both unarmed.

Oklahoma City police officers fatally shot Magdiel Sanchez in 2017 when he approached them with a metal pipe, unable to hear their verbal commands. Although witnesses shouted that Sanchez was deaf, the officers did not heed the warnings before firing, as reported by the Associated Press.

Oklahoma also paid $175,000 to settle a lawsuit from Pearl Pearson, who alleged he was subjected to excessive force during a 2014 traffic stop when he struggled to communicate and follow verbal instructions. His attorney described the incident as Pearson being “beaten to a pulp.”

Advocates Demand Dismissal of Charges and Police Training

Civil rights and disability advocacy groups have expressed outrage regarding McAlpin’s treatment and are demanding an investigation. The Arizona NAACP has additionally called for the dismissal of charges against McAlpin while urging police to receive training on how to interact appropriately with individuals who have disabilities.

Miller shared with YSL News that this case reflects examples of police brutality against Black individuals nationwide.

“It’s truly heartbreaking,” Miller expressed. “(Police) are not paying attention to the community. They are not listening to Black and brown individuals.”

The training program provided by the ACDHH included information about the Americans with Disabilities Act, communication strategies, cultural considerations, and available interpreting services within the state, according to Soukup. The organization has actively provided these resources and was even invited by the Phoenix police for training in their academy.

However, the organization revealed that these training modules have not been widely implemented, despite their existence, in a statement shared on social media.

“This incident highlights the urgent need for law enforcement to undergo comprehensive training to better understand diverse disabilities, languages, and cultures within our state and across the U.S.,” Soukup said.

The Phoenix Police Department faced criticism after a Justice Department investigation indicated systematic discrimination against people of color and those with behavioral health issues, violating the U.S. Constitution and federal law. These findings were released in June, prior to McAlpin’s violent encounter with police.

In a statement to YSL News, the Phoenix Police Department acknowledged that the incident from August is still under investigation and has been assigned to the Professional Standards Bureau. McAlpin reportedly spent 24 days in jail before making bail and entered a not guilty plea. As of Thursday, the involved officers were still on duty, according to police spokesperson Donna Rossi.

Moreover, Maricopa County prosecutor Rachel Mitchell announced on Tuesday that her office would review both McAlpin’s case and the pending charges against him.

“I may arrive at a different conclusion or I may not, but I believe this case deserves further examination,” Mitchell stated.