Phoenix police caught on video beating a deaf black man

After widespread outrage over videos showing two police officers beating a deaf black man, the police union again responded by saying the officers were defending themselves – and claimed media coverage of the incident amounted to a “smear campaign.”

Tyron McAlpin, a 34-year-old who also has cerebral palsy, was hit with a Taser and shocked by two Phoenix Police Department officers on Aug. 19 as they attempted to stop him in connection with a reported assault. But McAlpin had nothing to do with an attack, his lawyer told HuffPost, adding that witnesses described the white man who accused him as bizarre. Then this week, the release of surveillance and body camera footage prompted renewed scrutiny of officers’ actions The Maricopa District Attorney made the announcement that all charges against McAlpin would be dismissed based on what was shown in the videos.

He had spent 24 days in prison.

Despite the prosecutor’s decision, the Phoenix Law Enforcement Association told the union that represents around 2,200 civil servants, continues to defend the actions of officers Benjamin Harris and Kyle Sue.

“It is unfortunate that a narrative has been created accusing these officers of targeting Mr. McAlpin because of his race and disability,” the police union said in a statement to the Arizona’s Family station group. “This is completely false and an inaccurate representation of what happened in real time when officers met Mr. McAlpin.”

McAlpin’s beating comes close Months after the Justice Department’s determination “overwhelming statistical evidence” that Phoenix police discriminate against blacks, Hispanics and Native Americans and use excessive force. In a letter, Phoenix city officials denied they need federal oversight but said they are committed to continuing to do so Police reform.

On August 19, McAlpin went to a Circle K convenience store to pick up a drink for his partner while she was working from home and caring for their young son, McAlpin’s attorney, Jesse Showalter, told HuffPost.

A white man entered the Circle K and said he had been involved in a fight and told employees to call the police, Showalter said. Several store employees told a law firm investigator that the man was behaving “bizarrely” in the store, Showalter said, describing him as a “troubled person.”

Showalter said employees said the man was aggressive toward their customers, refused to leave and at one point was lying on the floor.

Officers were then called to the store and the man told them that he had been punched in the face after trying to stop a thief from stealing a bicycle, according to a police report.

According to the report, the accuser was wearing a gray T-shirt and shorts that appeared to be covered in “old dark blood stains.” When officers asked if he could describe the person who attacked him, the man reportedly said he was black and pointed at McAlpin.

Surveillance footage from a nearby Dollar Tree store shows McAlpin walking on the sidewalk and looking at his phone as Officer Harris quickly pulls up in front of him in a police car and blocks his path. Harris’ police lights were not on at the time. McAlpin’s partner later told officers that they were video chatting and using sign language when police tried to stop McAlpin.

“Hey buddy, stop where you are,” Harris said while still sitting in the truck, seconds before coming out and grabbing McAlpin with both hands, according to body camera footage reviewed by HuffPost.

Showalter said it was unclear whether anyone in the police car could have heard the officer’s command.

In his police report, Harris wrote that McAlpin “adopted a fighting stance” and “exercised active aggression by throwing punches at Harris.”

“He did not simply attack me to escape, but he attacked me with the intent to cause me harm and injury,” Harris wrote.

Showalter told HuffPost that police tactics like the ones Harris used during the McAlpin stop only escalated the situation. He added that there was no way for McAlpin to respond that didn’t result in officers claiming more force was justified, describing the situation as “a pop quiz that no one can pass.”

“When your hands go up, they say you are in a fighting stance. When your hands fall, they claim you are reaching for a weapon. “It’s a lose-lose situation and the suggestion that Tyrone has taken a fighting stance is just outrageous,” Showalter said.

The police union did not immediately respond to HuffPost’s request for comment, but said in the statement to Arizona’s family that “Mr. McAlpin never said anything.” [the officers] that he was hearing impaired or suffered from cerebral palsy. Our officers resisted Mr. McAlpin’s attack.”

The statement added that the union was appalled by the district attorney’s decision to drop charges against McAlpin.

But what officers described as a “fighting stance” was actually McAlpin’s “surprised gesture,” Showalter said, possibly pointing to his ears to show officers he was deaf. Showalter added that McAlpin dodged the punches thrown at him. A review of Harris’ body camera footage shows McAlpin ducking several times.

Officer Sue then arrived at the scene and helped Harris force McAlpin to the ground, the video shows. Harris can be heard telling the deaf man several times to put his hands behind his back as both officers grab him.

McAlpin doesn’t say a word because Harris’ bodycam video shows both officers hitting him multiple times, including in the back of his head, before Harris pulls out his Taser and gives McAlpin electric shocks as he lies on the ground. McAlpin can be heard screaming as Sue continues to beat him and Harris throws more punches.

McAlpin’s partner arrived at the scene about three minutes after the beating began and told officers that McAlpin was deaf and had cerebral palsy, according to bodycam footage. Police did not mention McAlpin’s disabilities in their report.

“How can he be deaf when he was on the phone,” Harris can be heard asking McAlpin’s partner in the video. She replies that they communicated using sign language and that she has been on the phone with him since he left Circle K. She told officers that someone had harassed McAlpin at the supermarket before he left.

A black cellphone, which police said in their report belonged to the man who accused McAlpin of assault, fell to the floor during the beating. However, according to Showalter, the phone belonged to McAlpin, which his partner told officers at the scene by pointing to their son’s lock screen photo and showing that it was logged into McAlpin’s Facebook account. Nevertheless, he was accused of theft.

McAlpin was also charged with malicious wounding, two counts of aggravated assault on a public servant and resisting arrest.

Showalter told HuffPost that McAlpin still hadn’t gotten his phone back as of Thursday, even though the charges were dismissed.

McAlpin’s arrest drew national attention to the need to train police in dealing with people who are deaf or hard of hearing. The police union said in its statement Thursday that officers are receiving that training.

“The Phoenix Police Department provides training on how to interact with community members, victims and suspects who are hearing impaired and/or disabled. However, we are also trained in how to defend ourselves when confronted with a violent person who wants to hurt us. “, says the statement.

During a preliminary hearing earlier this week ABC affiliate KNXV-TV in Phoenix reported that both officers stated that they did not recall extensive training on how to interact with people with hearing impairments.

“That was about seven years ago. I don’t really remember much of it,” one of the officers said.