The man, Tyron Scott McAlpin, 34, has been charged with felony
resisting arrest and aggravated assault stemming from the Aug.
19 encounter with the officers. McAlpin’s arrest was first
reported late last week by ABC15 Arizona. He has pleaded not
guilty to the charges.
Police say Officer Benjamin Harris suffered a hand injury when
hitting McAlpin, while McAlpin bit the hand of Officer Kyle Sue
during the struggle, which was recorded on the officers' body
cameras. Neither officers' race was revealed in police reports.
At a court hearing, Harris testified that everything could have
been avoided if McAlpin just indicated he was deaf, ABC15
reported.
Jesse Showalter, an attorney representing McAlpin, said the
first officer to make contact with McAlpin wasn’t able to figure
out he was deaf because the officer took no steps to deescalate
the situation and instead immediately starting using force.
Phoenix police said in statement Tuesday, “There was nothing
that the officers were told or witnessed to indicate Mr. McAlpin
was hearing impaired.”
The man who called the police, who is white, told them that
McAlpin, who was walking nearby, punched him in the face.
An officer caught up with McAlpin in a nearby parking lot and
immediately put his hands on him after stepping out of his
patrol vehicle, and the struggle began.
McAlpin was arrested on suspicion of assaulting the man who
called the police but hasn’t been charged with assaulting him.
Showalter said his client was never involved in a fight with the
man.
The encounter is under investigation and was assigned to the
agency's internal affairs unit, the department said.
The Phoenix Police Department has been accused by the U.S.
Justice Department of discriminating against Black, Hispanic and
Native American people, unlawfully detaining homeless people and
using excessive force, including unjustified deadly force.
The city has said it is committed to reforms in its police
department but has resisted efforts to enter a consent decree
with the Justice Department.
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