The officers did not know the man was deaf, the police union chief said.
Two Phoenix police officers who were involved in the violent arrest of a deaf Black man with cerebral palsy in August were placed on paid administrative leave amid an investigation into the incident, a spokesperson for the Phoenix Police Department confirmed to ABC News on Tuesday.
Officers Ben Harris and Kyle Sue were placed on leave on Monday, police said, after body camera footage showed the pair punching and shocking Tyron McAlpin with a stun gun.
ABC News reached out to the Phoenix Law Enforcement Association, a union representing the officers, but a request for comment was not immediately returned.
The union’s president, Darrell Kriplean, previously defended the officers’ actions in a statement to ABC News, saying that people should know what to do if uniformed officers approach and that the officers, who did now know McAlpin was deaf at the time, had to force him to comply.
The incident was captured on both surveillance video and police body-worn camera.
Records show that the incident occurred when officers were dispatched to investigate an assault at a nearby Circle K convenience store, according to ABC affiliate in Phoenix, KNXV-TV. According to records, the original description of the suspect was for a white man who had been creating a disturbance in the store, but a man later claimed he was assaulted by a Black man and pointed at McAlpin – a claim that was disputed by store employees and surveillance video, KNXV-TV reported.
McAlpin was initially charged with felony assault and resisting arrest following the Aug. 19 encounter with Phoenix police, but the charges were dropped on Oct. 17.
The decision to drop the charges against McAlpin was announced by Maricopa County Attorney Rachel Mitchell, who said in a statement that she personally reviewed the case after a member of the local chapter of the NAACP expressed concern over the incident and poured through “a large volume of video recordings, police reports, and other materials that have been forwarded to my office.”
“I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case,” Mitchell said. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
In the body camera video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him 10 times in the head and shocking him with a stun gun four times while yelling: “Get your hands behind your back.”
McAlpin’s attorney said that his client, who is deaf, didn’t know what was going on and could not hear the commands.
“It is our sincere hope that the County Attorney’s Office will respond to what is shown in the video and to the voices in the community who have raised alarms about what is shown in the video and will dismiss all charges against Tyron,” McAlpin’s attorney, Jesse Showalter, told ABC News in a statement on Oct. 14.
ABC News reached out to Showalter for additional comment after the charges against his client were dropped.
Interim Phoenix Police Chief Michael Sullivan said in a statement on Oct. 16 that the Professional Standard Bureau (PSB) launched an internal investigation shortly after the incident took place.
“Their work is important to ensure all facts are known before drawing any conclusions. I ask for the public’s patience during that process,” Sullivan said.
“I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions,” he added.
According to Sullivan, the findings of the PSB will be reviewed by himself, as well as by the Office of Accountability and Transparency and the Civilian Review Board ”to ensure it is thorough and complete.”
Asked if there are any updates in the investigation, a spokesperson for the Phoenix Police Department did not immediately respond to ABC News’ inquiry.
