Video of violent arrest of deaf Black man with cerebral palsy sparks outrage

Phoenix, Arizona — Police body camera video showing the Aug. 19 arrest by Phoenix police of Tyron McAlpin, a Black man who is deaf and has cerebral palsy, is sparking outrage from civil rights and disability activists.

The video shows that, immediately upon pulling up, officer Benjamin Harris jumped out of his vehicle and began punching McAlpin as officer Kyle Sue rushed over. McAlpin was punched at least 10 times and was also tased repeatedly. Sue can be heard on the video claiming McAlpin bit him and, in the police report from the incident, Harris claims McAlpin swung at him. 

McAlpin now faces three felony charges for allegedly assaulting the officers and resisting arrest.

McAlpin’s civil attorney, Jesse Showalter, said the video of his client’s arrest is “really unconscionable.”

“Tyron is just trying to avoid getting hurt by an aggressive, out-of-control police officer,” Showalter said. “He can’t hear any of the commands he’s being given and the assault never lets up and the officers never do anything to de-escalate the situation.”

Police had been called to a nearby convenience store for a complaint about a White man who was loitering. That man claimed he had been assaulted and that his cell phone had been stolen. When police arrived, he pointed to McAlpin as the culprit, but McAlpin is not facing charges related to that man’s claims.

Showalter said McAlpin, “hadn’t done anything wrong, so all the force that they used is excessive, unnecessary and unreasonable.”

Andre Miller, Vice President of the Arizona State Conference NAACP, condemned McAlpin’s arrest, saying in a statement, “This brutal assault was due to the false claims of a white citizen, reminiscent of many falsehoods like Emmit Till that have claimed the lives of black citizens in America. Tyron was not a suspect in an actual crime, he had not done anything wrong, and he also has communication challenges, his assault happened seconds after the police vehicle was put in park. No true communication in this encounter was present.”

McAlpin spent 24 days in jail before making bond. He’s pleaded not guilty. The officers didn’t learn he was deaf until after the arrest and, as of Tuesday, remain on the job. 

The Arizona Commission for the Deaf and Hard of Hearing said in a statement it was “disheartened by this incident. We provided POST training for officers to communicate with Deaf, Hard of Hearing, and DeafBlind Arizonans, yet these modules are not currently being used. Cultural and language knowledge and awareness is vital for the safety of all.”

The Phoenix Police Department declined a CBS News request for an interview, but said in a statement it is investigating the officers’ actions.

Maricopa County Attorney Rachel Mitchell, the county’s top prosecutor, has also promised to review the case.

“Because of the attention on this case, I will personally review the entire file, as well as the totality of the video. I may reach a different conclusion, or I may not, but I believe this case merits additional scrutiny,” Mitchell said in a statement.

Phoenix Councilman Kevin Robinson said Tuesday in a statement, “While I cannot comment on the specific details of the incident at this time, I look forward to a thorough investigation that will be conducted in a timely manner.”  

The incident came just two months after a damning Department of Justice report found Phoenix police engaged in a pattern of discrimination and excessive force. The Justice Department is aware of the McAlpin arrest.

ACLU Arizona Policy Director Darrell Hill said the video showed “another devastating example of Phoenix Police Department’s racial bias and use of excessive force against people who do not pose a threat to them, including those with disabilities.”

“Extreme and disproportionate reactions like this are well documented in the Department of Justice’s investigation and report. Clearly, the report’s findings are not being taken seriously, critical changes are not being implemented by police or city leaders, and federal oversight is gravely needed.”

Showalter noted that everything seen in the video “post-dates the DOJ report. It just runs counter to everything the city of Phoenix claims that it’s doing.”