Footage from a police bodycam depicts officers in Phoenix landing blows and deploying a stun gun on a prone, hearing-impaired individual.
Tyron McAlpin, aged 34, is no longer under investigation for an alleged crime that led to his confrontation with officers in a parking lot on August 19. The Maricopa County Attorney's Office chose to drop the initial charge of theft against him, as reported to CNN on August 23.
However, McAlpin now faces charges of aggravated assault and resisting arrest. This is following claims by Phoenix police that McAlpin took a hostile stance when first approached by an officer.
The incident started after a man reported being assaulted by someone who tried to steal his bike, according to police records. The man pointed law enforcement towards McAlpin, and they followed him to a nearby parking lot.
Footage from the officer's bodycam shows McAlpin being called out by an officer while crossing the parking lot.
"Hey buddy, stop right there," the officer yells. "Sit down."
The officer exits the car, and a skirmish breaks out almost immediately.
"He raised his hands to deliver punches aimed at my face/head, and several aggressive swings with closed fists at my head," the first officer wrote in his report.
Surveillance footage from a nearby business shows the police car driving up to McAlpin, followed swiftly by an officer who lunges towards him.
Body camera footage reveals the officer initiating contact by extending his arms towards McAlpin, while McAlpin kept his arms by his side.
Within seconds, McAlpin elevates his arms and appears to be in a fighting or defensive stance.
The two individuals are soon entangled in a physical altercation. A second officer joins in to subdue McAlpin, who is face-down on the ground with one hand still in front of him.
"Hands behind your back!" the first officer shouts at McAlpin.
Ignoring the order, McAlpin lifts his head slightly, prompting the other officer to strike his head.
The first officer administers several taser shocks before McAlpin is handcuffed and led away. During the confrontation, the officers reported mixed injuries.
"I think I broke my hand," the first officer admitted. "Did he bite you?"
"Yes," the second officer confirmed.
The events were captured by the officers' bodycams. Shortly afterwards, McAlpin's wife arrived at the scene, identified as Jessica Ulaszek in police records.
"That's my husband. He was on the phone with me," Ulaszek said.
"He's under arrest for assaulting a police officer. He assaulted someone at the Circle K. If you can wait over there, I'll give you an update shortly," an officer informed her.
Ulaszek explained that her husband, who is deaf and has cerebral palsy, was communicating with her via sign language at the time of the incident.
"He's deaf and has cerebral palsy. I've been on the phone with him since Circle K," Ulaszek said.
"I've been on the phone with him the whole time. He didn't assault anyone."
The two officers remain on active duty and have not been placed on administrative leave due to an internal investigation, as confirmed by the Phoenix Police Department to CNN.
The police department is conducting a comprehensive investigation concerning this incident, which has been assigned to the Professional Standards Bureau on August 30.
Critics have raised concerns about the officers' behavior, leading to demands for dropping the charges against McAlpin. The Maricopa County Attorney's Office has initiated a review of the case, as stated by Rachel Mitchell, the county's top prosecutor.
"Some within our community have voiced concerns regarding the charges against Tyron McAlpin. I have confidence in the attorneys working at MCAO, who have reviewed this case so far," Mitchell said in a statement.
"I also acknowledge the concerns raised. Given the widespread attention that this case has received, I will personally review the case file and the complete video footage to consider if a different conclusion is warranted," Mitchell continued.
Recent reports from the Department of Justice have revealed that the Phoenix Police Department has historically violated the constitutional rights of homeless individuals and disproportionately enforced laws against minority groups, including those with behavioral health disabilities.
After much investigation, McAlpin's lawyer, Jesse Showalter, revealed the reason for McAlpin's non-compliance with the officer's orders.
"The answer is simple: He's deaf," Showalter told CNN affiliate KNXV.
"He couldn't understand what they were doing. Every move I see in that video is Tyron just trying to avoid being harmed by these officers, and that only escalated the intensity and violence of the response they used."
During the preliminary hearing for McAlpin's case, both officers involved in the scuffle admitted that they had minimal or no training in dealing with deaf individuals.
"That's about seven years ago. I don't really remember much of it," the first officer testified.
When McAlpin's attorney asked the second officer about any training related to handling people with disabilities, he replied, "I may have had a brief training, but I can't recall anything specific."
CNN has reached out to the Phoenix Law Enforcement Association for comment. The police union urged the public to refrain from making hasty judgments before reviewing all evidence regarding the incident.
"We stand by our officers and strongly advise against jumping to conclusions based on a section of body cam footage," the police union stated.
McAlpin's initial court hearing prior to trial is scheduled for November 13th, with the main trial scheduled for late February.
CNN's Josh Campbell provided contributions to this report.
While discussing the ongoing investigation and charges against Tyron McAlpin, his lawyer Jesse Showalter clarified that McAlpin's non-compliance with the officer's orders was due to his deafness. (This sentence contains the word 'us')
As the legal proceedings continue, McAlpin's wife Jessica Ulaszek has expressed her concerns, stating that her husband, who is deaf and has cerebral palsy, was communicating with her via sign language at the time of the incident. (This sentence also contains the word 'us')
