PHOENIX, AZ — Before a preliminary hearing to cement charges against a deaf man with cerebral palsy, the Phoenix Police Department and Maricopa County Attorney’s Office did not disclose that the violent arrest was under internal investigation.
On October 1, 2024, two officers testified that Tyron McAlpin repeatedly attacked them, leading a court commission to find there was probable cause to support charges of aggravated assault and resisting arrest.
But attorneys for McAlpin said no one from the prosecution informed them that the officers’ arrest had been referred to the Phoenix police Public Standards Bureau more than a month earlier.
“It’s the height of hypocrisy and just very, very troubling,” said Jared Keenan, an attorney with ACLU Arizona, who’s not connected to the case. “Again, this man has to defend himself against charges that never should have been brought against him.”
Had McAlpin’s defense attorneys been aware of the ongoing internal investigation launched on August 30, 2024, it’s likely that Officers Benjamin Harris and Kyle Sue would have been questioned about the probe under oath.
On the stand, Harris was only asked if he had ever been disciplined for excessive force.
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He replied, “Not that I’m aware of.”
The Maricopa County Attorney’s Office said it didn’t immediately know if the main prosecutor on the case had been informed about the internal investigation ahead of the hearing.
But a spokesperson said, “It wouldn’t have made a difference in the way we handled the case.”
County Attorney Rachel Mitchell has also promised to personally review the case and charging decision.
Phoenix police and county prosecutors have been repeatedly rebuked by judges for failing to disclose information about officers’ histories of misconduct.
Exculpatory information is often referred to as “Brady” material and the Constitution requires its disclosure in criminal cases.
“There’s a long history of delay and outright refusal to turn over exculpatory information which prosecutors are required to do,” Keenan said.
Last year, ABC15 exposed a Phoenix homicide detective’s mistakes were kept hidden in dozens of murder cases, leading to at least one conviction being overturned. The station also investigated a case where an innocent woman was convicted based on the testimony of a Phoenix officer, who was under investigation for dishonesty history during her case.
News of McAlpin’s arrest is now making international headlines, and body camera video from the case has been watched by millions of people.
The publicity and pressure have led several top Phoenix officials to release statements, including Mayor Kate Gallego, Vice Mayor Debra Stark, and several city council members.
Many of their statements have called for and promised the need for “accountability and transparency.”
Phoenix has an independent police oversight body called the Office of Accountability and Transparency (OAT). But OAT confirmed that it learned about McAlpin’s arrest after watching ABC15’s report last week and has opened a monitoring case.
On Wednesday, Phoneix Interim Police Chief Michael Sullivan sent ABC15 the following statement:
"Since I took the job as Interim Chief of the Phoenix Police Department, I have talked a lot about striving to be a self-assessing, self-correcting agency. That means taking a serious look at cases that may call into question the actions of our officers. There are many who are concerned after seeing the video of officers’ interaction with a man they later learned was disabled. I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions.
Shortly after this incident, the Professional Standard Bureau launched an internal investigation into this incident. Their work is important to ensure all facts are known before drawing any conclusions. I ask for the public’s patience during that process. Once the investigation is complete, I will personally review the findings and take appropriate action. The PSB investigation will also be reviewed by the Office of Accountability and Transparency as well as the Civilian Review Board to ensure it is thorough and complete.
Accountability for our actions as a Police Department is paramount as we work every day to build and maintain the trust of the community we serve."
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.