Bodycam video captures the second Tyron McAlpin, who is deaf and has cerebral palsy, walking down the street while talking on the phone when a police car pulled up next to him and things immediately turned violent.
After a review of body camera footage, as well as security footage overseeing the entire scene from a nearby business, all charges were transferred to Tryon McAlpin, 34, who is deaf and has cerebral palsy.
As of Thursday evening, McAlpin was still dealing with the charges, but after reviewing all available materials surrounding his Aug. 19 arrest, Maricopa County District Attorney Rachel Mitchell decided to dismiss them.
The main robbery charge was the robbery charge, which preceded the stunning police confrontation captured on several videos. On Thursday night, Mitchell dropped extra charges of aggravated assault and resisting arrest.
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Conflicting tales
According to the local police union, the officers involved acknowledged that they were “under rapid fire” in their first contact with McAlpin, for CNNand that he adopted a “preventative stance”.
The footage reveals a different story, with McAlpin walking alongside him while talking on the phone as the police car pulled up alongside him. He turned to walk through the vehicle, at which point one of the officers said, “Hey, buddy, stop where you are. Sit down.
Within seconds, the officer exited the car and became involved in a physical altercation with McAlpin. In the incident report, the officer wrote, “His fingers came up to deliver targeted punches to my face/head and several closed fist strikes to my head.”
Once again, the footage confirmed a distinct story. Surveillance footage from a nearby business showed the officer exit the car and immediately attack McAlpin, whose arms remained at his side until he was physically engaged.
Trouble immediately escalated with the arrival of a second officer, who helped the first officer push McAlpin to the ground, with one arm pinned beneath him. The officers’ body camera footage shows them repeatedly yelling at McAlpin to “put your hands behind your back!”
However, as he couldn’t hear them and was face down on the sidewalk, he didn’t obey. When he raised his head and tried to look back, it appears he was punched by the police officer. The motion was repeated several times.
“I struck the suspect with my closed right fist in the heart of his back and gave him the opportunity to show his right arm,” the officer wrote in an incident report, according to CNN. “When there was no response, I hit the suspect once with a closed fist, on the exact side of his face.”
The second officer, who was not actively restraining McAlpin on the ground, began hitting him multiple times as he continued to fail to obey orders he could not hear to put his hands behind his back. McAlpin could be heard moaning and screaming as he was repeatedly electrocuted.
After many shocks with the Taser, McAlpin was finally handcuffed and taken away, with an officer observing, “I believe I broke my hand,” asking in reverse whether McAlpin had bitten him.
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McAlpin’s wife arrives
Shortly after the altercation, a girl approached the scene and recognized herself as McAlpin’s wife, Jessica Ulaszek, as seen in the body camera footage. “This is my husband, he was on the phone with me,” she tells officers in the video.
“Well, he’s under arrest for assaulting a police officer,” an officer told her, also noting, “He assaulted someone in the Okay Circle. When you can hang in there, I’ll tell you about it in a bit.
At that point, Ulaszek told officers that her husband was disabled and that they spoke using sign language on the phone.
“He is deaf and has cerebral palsy. And I’ve been on the phone with him since Circle Ok,” she said. “I was on the phone with him the whole time. He didn’t attack anyone.”
“Very well, he did it now,” one of the officers said to Ulaszek, for Individuals.
According to analysis of body camera footage, it took less than two seconds for the first officer to make contact with McAlpin before he exited the car and placed his hands on his alleged suspect. According to CNN, he later admitted that he had already decided to detain McAlpin before he even got out of the car.
“Tyron did nothing to warrant any type of police contact,” McAlpin’s attorney, Jesse Showalter, told CNN, saying what happened in the footage was a violation of his Fourth Modification rights against unreasonable search and seizure.
Showalter said his client’s fingers were “twitched throughout” the encounter because of his cerebral palsy, which was misinterpreted by police as assault, even though he did not respond to orders he did not hear.
According to the possible cause, police were responding to a white man who claimed McAlpin punched him in the face and brought his phone to or near the Circle K. No workers witnessed the alleged incident.
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Reduced costs
Following the altercation, Disability Rights Arizona CEO JJ Rico instructed KNXV“Continuous calls to conform and carry out instructions were not being heeded. So now, to withdraw the allegations that he was not complying, you have to consider incapacity.”
As the audience continued to scream, Arizona NAACP convention president Sarah Tyree told the station, “It’s just another stark reminder of where we are.”
The outcry led Mitchell to delve deeper into McAlpin’s case and all the written and video materials associated with it. She released a statement where she noted that after meeting with an NAACP leader: “I promised that I would personally review the case, along with a large amount of video recordings, police reports and other materials that were sent to my office. ”
She said she followed this up by organizing “a large meeting of senior lawyers and community members to hear their views as it relates to this case”.
After completing her review, Mitchell revealed in her statement that she “made the decision to dismiss all remaining charges for Mr. McAlpin.” She did not specify what led her to that conclusion. The previous cost of the theft had already been eliminated because there was no evidence to prove it.
Additionally, CNN reported that the officers involved were questioned about the incident, considering McAlpin’s disabilities, during a preliminary hearing into his case.
“That was about seven years ago. I actually don’t remember much about it,” one said, while the other said he received training, “maybe briefly, but nothing that I remember.”
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