Deaf Black man assaulted by police after being falsely identified as suspect

The police were originally called due to a disturbance caused by a white man
Police
Photo credit: Shutterstock.com / ArtOlympic

In a shocking incident that underscores ongoing issues of police misconduct and systemic racism, Phoenix police responded to a disturbance call at a Circle K convenience store, only to assault and arrest a 34-year-old Black man, Tyron McAlpin, instead of the actual suspect. This incident raises serious questions about law enforcement practices and the treatment of individuals with disabilities.


The incident

On Aug. 19, 2023, police were called to the scene regarding a white man, Derek Stevens, who was reportedly causing a disturbance. However, upon arrival, officers confronted McAlpin, who is deaf and has cerebral palsy. Body camera footage reveals that police attacked him within seconds of their arrival, without giving him a chance to comply with their commands, which he could not hear due to his disability.


While Stevens claimed to be the victim, alleging that McAlpin had stolen his phone, the reality was quite different. Store clerks informed the police that Stevens was the one creating the disturbance, having laid on the floor and refused to leave when asked. They also indicated that McAlpin was trying to assist them in getting Stevens to exit the store.

Misplaced blame and police violence

Despite the evidence presented by the store clerks and security footage showing McAlpin entering the store with a black phone, police officers chose to believe Stevens’ account. The arrest report inaccurately described Stevens as the victim and McAlpin as the suspect. This mischaracterization not only reflects a bias against Black individuals but also highlights a troubling pattern of police behavior.


McAlpin’s wife, who was on the phone with him during the incident, arrived at the scene and confronted the officers. Her presence and insistence on justice were met with further aggression from the police, who claimed to be victims of McAlpin’s supposed resistance.

The aftermath

As a result of this encounter, McAlpin faces three felony charges, including two counts of aggravated assault on a police officer and one count of resisting arrest. These charges could lead to significant prison time, despite the lack of evidence against him. In contrast, Stevens has not faced any charges for his role in the incident, including making a false report to the police.

Interestingly, court records reveal that Stevens has a history of felony arrests, including charges related to endangerment and disorderly conduct. Yet, he was granted early termination from probation just months before this incident, raising further questions about the accountability of individuals who engage in such behavior.

Legal representation and future actions

McAlpin’s attorney, Jesse Showalter, is preparing a lawsuit against the Phoenix police. He argues that McAlpin’s deafness and disability were not taken into account by the officers, who escalated the situation rather than de-escalating it. This highlights the urgent need for police training on how to interact with individuals who have disabilities.

Broader implications

This incident occurred shortly after the U.S. Department of Justice released a report detailing a pattern of misconduct within the Phoenix Police Department, including excessive force and discrimination against marginalized communities. The report indicated that the department often violates the rights of individuals, particularly those who are Black, Hispanic or Native American.

In light of these findings, the treatment of McAlpin raises serious concerns about the effectiveness of reforms within the Phoenix Police Department. Showalter expressed disbelief that the city could claim to be addressing the DOJ’s findings while simultaneously prosecuting McAlpin for actions that were clearly a response to police aggression.

The case of Tyron McAlpin is a stark reminder of the systemic issues that persist within law enforcement, particularly regarding the treatment of Black individuals and those with disabilities. As this case unfolds, it is crucial for the community to remain vigilant and advocate for justice, accountability and meaningful reform within the police force.

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