Phoenix, Arizona Police Officers Strike Repeatedly, Taser Black, Deaf Man With Cerebral Palsy, Tyron McAlpin | VIDEO

PHOENIX — A black man who is deaf and has cerebral palsy is charged with aggravated assault and resisting arrest after he was repeatedly punched and tasered by two Phoenix police officers.

The violent and swift arrest of Tyron McAlpin raises serious questions and could serve as a test case for Phoenix and the Justice Department as the two argue over whether the police department in America’s fifth-largest city needs federal oversight, KNXV reported.

Based on false claims from a white man under investigation, body camera video shows officers unexpectedly chasing McAlpin, hitting him in the head at least 10 times, throwing a Taser at him four times and wrapping their arms around his neck.

“I find it difficult to imagine how the city can say with a straight face that it is directly following the Department of Justice report when this man is charged with assaulting police officers over this incident,” said Jesse Showalter , one of McAlpin’s attorneys .

Phoenix police officials did not answer specific questions about the arrest but confirmed an internal investigation is ongoing.

A spokesperson emailed the following statement:

“This incident is the subject of an ongoing investigation and was referred to the Professional Standards Bureau on August 30, 2024.”

However, Phoenix police and the Maricopa County District Attorney’s Office continue to pursue a criminal case against McAlpin. During a recent preliminary hearing, Maricopa County Superior Court Commissioner Nick Saccone determined there was probable cause for his arrest on August 19, 2024.

McAlpin was arrested by Officers Benjamin Harris and Kyle Sue.

In their police reports and court statements, the two officers said McAlpin would run away, adopt a fighting stance, throw repeated punches and fail to follow commands.

McAlpin’s lawyers said body camera videos and surveillance footage showed the officers’ claims were false and said there was an obvious explanation as to why he couldn’t comply.

“The answer is simple. He is deaf. He couldn’t understand what they were doing. And he hadn’t done anything wrong,” Showalter said. “All I see in this video is that Tyron is just trying to avoid these officers from harming him, and that just causes them to just increase the escalation and the force that they’re using.”

The arrest came two months after the Justice Department released a historic and serious report outlining a long list of systemic failures within the Phoenix Police Department.

Among the issues cited by the DOJ, McAlpin’s arrest also raises the following issues: racial bias, excessive force, dangerous use of Tasers and chokeholds, and violations of the rights of people with disabilities.

The violent arrest stemmed from a morning call from Circle K employees who reported that a white man was causing problems and wouldn’t leave the store, records show.

During the domestic disturbance, the man claimed he was attacked by a black man and pointed across the street at McAlpin.

Officers Harris and Sue took the man’s claims at face value and left him to pursue McAlpin. (The man’s assault claim was later refuted by store employees and surveillance video, records show.)

After handcuffing McAlpin, his girlfriend appeared at the arrest and told officers that he was deaf and had cerebral palsy, according to body camera footage. None of the officers at the scene provided information about McAplin’s disabilities in their reports.

Both Harris and Sue were ordered to testify during a preliminary hearing on October 1, 2024.

Harris testified that within a second he immediately turned to McAlpin because he thought he was going to run and fight.

SEE ALSO: Husband Arrested in Connection with Missing Texas Woman Suzanne Simpson; The rumor mill is working overtime

“He raised (his hands) in a way that made him want to hit me,” Harris said during cross-examination. “It showed me that I was about to be attacked, not that anyone was going to give up.”

Harris also testified that he did not know whether it was possible that McAlpin raised his hands to protect himself from Harris’ sudden punches. In response to a question from the prosecution, Harris said everything could have been avoided if McAlpin had just suggested that he was deaf.

“I would have made him sit down, made motions with my hand to get him to sit down, and then I would get a pen,” Harris testified.

As for Officer Sue, he also testified that he saw McAlpin throw punches and claimed that he was bitten on the wrist during the arrest.

Officer Sue’s body camera fell off at the start of the arrest and only shows the ground. When asked to pinpoint the moment on Officer Harris’ body camera footage when the bite occurred, Sue paused as the camera was pointed upward and McAlpin was out of frame.

Defense attorneys asked Sue if it was possible he had grazed his wrist on the ground or McAlpin’s open mouth when they beat, choked and Tasered him.

But Sue said no and denied using a chokehold on McAlpin.

In a bizarre moment to refute the defense’s claim about the cause of the scratch on Sue’s wrist, the prosecution asked him to put his hand in his mouth and rub it over his teeth.

When Commissioner Saccone determined that he had found probable cause to pursue the criminal charges, he made no statement.

Phoenix Law Enforcement Association (PLEA) President Darrell Kriplean issued the following statement regarding the incident:

“We are aware of an incident that occurred on August 19, 2024, in which an individual resisted arrest after immediately becoming involved in an argument with our officers who sought to question him regarding his involvement in a previous attack on a community member .

“While some media outlets are making this incident about race and discrimination, it is really about two police officers in full Phoenix police uniform driving fully marked police cars and being immediately attacked by someone who allegedly committed a crime. Our officers have done so.” the right to defend oneself against attack by the use of reasonable and necessary force based on the circumstances.

“After reviewing all of the evidence presented, Maricopa County Superior Court Commissioner Nick Saccone concluded that there was sufficient evidence to charge the suspect with a felony based on his actions against the officers. We stand behind our officers and want to warn the community as they assess the incident until all evidence is reviewed and not just a snippet of bodycam footage.”

The CNN Wire & 2024 Cable News Network, Inc., a Time Warner Company. All rights reserved.