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A deaf man said he tried to communicate with officers before the violent arrest
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A deaf man said he tried to communicate with officers before the violent arrest

A Deaf black with cerebral palsy who was violently arrested by two Phoenix police officers in August said he tried to alert officers that he was deaf before repeatedly punching and punching him for an alleged murder he had been charged with falsely by another suspect.

Records show the incident occurred when officers were dispatched to investigate a report of a man causing trouble and not leaving a Circle K convenience store, according to the ABC affiliate in Phoenix. KNXV-TV.

According to police records, the suspect’s initial description was of a white man who created a disturbance in the store, but that man later claimed he was assaulted by a black man and pointed to Tyron McAlpin — a claim disputed by employees store and surveillance video, KNXV-TV reported.

“The officers took me down … And I told them I was trying to reach their ears to tell them I can’t hear, I can’t hear, pointing to my ears,” McAlpin said through an interpreter as he used sign language , according to KNXV-TV. “I was trying to make gestures and then the police caught me. (I tried) to show, hey, I can’t hear, showing my ears and they grabbed me.”

McAlpin gave his hospital account to a medical worker after his arrest, according to KNXV-TV. Two police officers are seen present in the body camera footage during the medical examination.

The Phoenix man is seen on video telling medical staff that he is having trouble seeing out of his left eye and complaining of neck and chest pain, according to KNXV-TV.

“White male, 20s, gray shirt, blue shorts,” Ben Harris, one of the officers involved in McAlpin’s arrest, could be heard saying to himself repeatedly on the way to the call, according to the footage.

The newly released video appears to show that Harris knew the suspect was a white male.

In body-worn camera footage recorded after the arrest, store employees told law enforcement that the white man had gotten into a physical altercation the night before, according to KNXV-TV. Staff in the footage explain that McAlpin regularly comes to the store, holds the door for people and was trying to help employees get the man out of the store.

Harris initially told another officer at the scene that he thought he broke a bone in his hand after hitting the Phoenix man in the head, according to body camera footage obtained by ABC News in October.

Harris told a different story in court during a hearing in October.

“At one point, when I was trying to regain control of his arm, after the initial swings, the punch, it looks like these fingers were locked into his forearm and down to my palm,” Harris testified, according to KNXV -TV.

The two Phoenix police officers involved in the arrest were placed on paid administrative leave in October amid an investigation into the incident, a Phoenix Police Department spokesman confirmed to ABC News.

ABC News reached out to the Phoenix Law Enforcement Association, a union that represents the officers, but a request for comment was not immediately returned.

Union president Darrell Kriplean previously defended the officers’ actions in a statement to ABC News, saying people should know what to do if uniformed officers approach and that the officers, who now knew McAlpin was deaf at the time, must compel him to comply.

McAlpin was initially charged with felonious assault and resisting arrest following the Aug. 19 encounter with Phoenix police, but the charges were dropped on Oct. 17.

The decision to drop the charges against McAlpin was announced by Maricopa County District Attorney Rachel Mitchell, who said in a statement that she personally reviewed the case after a member of the local NAACP chapter expressed concern about the incident and forwarded “a large volume of video footage, police reports and other materials that have been forwarded to my office.”

“We also convened a large gathering of senior lawyers and community members to hear their views on this case,” Mitchell said. “I have now completed my review and taken the decision to dismiss all remaining charges against Mr McAlpin.”

In the body camera video, police are seen shooting at McAlpin and ordering him to the ground. He doesn’t seem to comply right away. The video then shows the officers hitting him in the head at least 10 times and shocking him with a stun gun at least four times while yelling, “Get your hands behind your back.”

McAlpin’s lawyer said his client, who is deaf, did not know what was happening and could not hear the commands.

“We sincerely hope that the District Attorney’s Office will respond to what is shown in the video and the voices in the community who raised the alarm about what is shown in the video and will dismiss all charges against Tyron,” said McAlpin’s attorney, Jesse Showalter told ABC News in a statement on Oct. 14.

ABC News reached out to Showalter for further comment after the newly released video became available.

Acting Phoenix Police Chief Michael Sullivan said in a statement on October 16, the Professional Standards Bureau (PSB) launched an internal investigation shortly after the incident occurred.

“Their work is important to ensure that all the facts are known before any conclusions are drawn. I ask for the public’s patience during this process,” Sullivan said.

“I admit the video is disturbing and raises a lot of questions. I want to assure the community that we will get answers to those questions,” he added.

According to Sullivan, PSB’s findings will be reviewed by himself as well as the Office of Accountability and Transparency and the Civilian Review Board “to ensure they are thorough and complete.”

When ABC News asked the Phoenix Police Department if the white man who made the allegedly false allegations has been charged, a spokesperson said in a statement that no additional arrests have been made at this time during the investigation.

ABC News’ Sabina Ghebremedhin contributed to this report.

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