DROP THE CHARGES!
County Attorney Rachel Mitchell
On August 19th, 2024, Phoenix Police responded to a trespassing call at a local convenience store. "While being trespassed, the man claimed he was assaulted by another man and pointed across the street at 34-year-old Tyron McAlpin. Officers Ben Harris and Kyle Sue took the man’s claims at face value and left him to go after McAlpin. The man’s assault claim was later refuted by store employees and surveillance video, records show.
The two officers testified that McAlpin was the aggressor and that he threw repeated punches at them during the arrest and bit one of them. Maricopa County is now charging Mr. McAlpin with two counts of aggravated assault and one count of resisting arrest, all felonies.
Mr. McAlpin is a deaf person who also has cerebral palsy. During a preliminary hearing, the officer also testified that they have essentially no training on how to deal with people who are deaf or hard of hearing. Yet, they claim that their excessive force was justified because Mr. McAlpin did not “tell us he was deaf”. But even though bodycam video shows they clearly attacked Tyron without giving him time to explain himself — as they did with the white man — officers claimed to be victims as well.
And County Attorney Rachel Mitchell agrees! DEMAND that shed drop the charges now!
McAlpin was arrested two months after the United States Department of Justice issued a scathing 126-page report against the Phoenix Police Department stating the following:
The Department of Justice has reasonable cause to believe that the City of Phoenix and the Phoenix Police Department engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law:
PhxPD uses excessive force, including unjustified deadly force and other types of force.
PhxPD and the City unlawfully detain, cite, and arrest people experiencing homelessness and unlawfully dispose of their belongings.
PhxPD discriminates against Black, Hispanic, and Native American people when enforcing the law.
PhxPD violates the rights of people engaged in protected speech and expression.
PhxPD and the City discriminate against people with behavioral health disabilities when dispatching calls for assistance and responding to people in crisis.
Choosing to continue to prosecute Mr. McAlpin is a gross miscarriage of justice. We demand that all charges be dropped and invite you to take responsibility for upholding Mr. McAlpin’s constitutional rights.
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To:
County Attorney Rachel Mitchell
From:
[Your Name]
Dear Rachel Mitchell,
I am writing to demand the immediate dismissal of all charges against Tyron McAlpin, who was wrongfully arrested and assaulted by Phoenix, PD on August 19th, 2024. The facts of this case have made it abundantly clear that the charges are baseless, and continuing to prosecute this case is an affront to justice.
Tyron McAlpin has been unfairly targeted and is suffering needlessly due to the brutal and unconstitutional treatment by Phoenix law enforcement. Allowing this case to proceed would only compound the harm done to him, and it is your duty as the elected representative of justice to right this wrong immediately.
The community is watching this case closely, and there is a growing concern over the misuse of legal resources in prosecuting innocent people. We expect swift action to correct this mistake, as any further delay in dropping these charges will only damage the public’s trust in the legal system.
Sincerely,
[Your Full Name]
[Your Contact Information]