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Video: Arizona Officer Charged with Murder Over January Shooting

March 07, 2016  | 

VIDEO: Arizona Officer Charged with Murder Over January Shooting

A Mesa, AZ, police officer who shot and killed a Texas man at an East Valley hotel in January has been charged with second-degree murder.

The Maricopa County Attorney’s Office filed the direct complaint against the officer late Friday, KNXV TV reports.

The complaint alleges that Officer Phillip Mitchell Brailsford's use of deadly force was not justified when he shot 26-year-old Daniel Shaver at the La Quinta Inn near U.S. 60 and Superstition Boulevard.

Officers responded to the hotel just after 9 p.m. on Jan. 18 after guests at the pool reported seeing a man pointing a rifle outside a window above.

Officer Brailsford found Shaver and a woman inside a hotel room on the fifth floor, according to police. The officers ordered Shaver and the woman out of the room and into the hallway. Both complied, and the woman was detained by police without incident.

Montgomery said Shaver was ordered to his hands and knees, and as he moved towards officers, he made a motion with his hand toward his waist. Officer Brailsford, reportedly feeling threatened, then fired five shots, striking Shaver throughout his body and killing him.

Police have said that Shaver was unarmed before he was shot. A pellet rifle was found in the hotel room. His wife says her husband used the gun for his pest control job. She has filed a $35 million lawsuit against the Mesa Police Department.


Comments (7)

Displaying 1 - 7 of 7

Doc @ 3/8/2016 2:18 AM

Really! The courts have already ruled on this! It's called a furtive move. If you act like your going for a gun then you have a gun wither you actually have one or not!

Robert @ 3/8/2016 8:30 PM

Doc...I guess you know something the rest of us don't
1. The article I saw said he was on hands and knees moving towards officers.
2. The original call was for a rifle...pretty hard to store in pants.
3. The other LEO present didn't even pull his gun.
4. Video exists ...which is the only reason we are here.

I don't know what happened...but it seems the easiest explanation is that while crawling he tried to pull up / adjust his pants his pants and got shot five times.

Maybe we should let the jury of citizens decide

Tetro @ 3/9/2016 8:33 AM

Robert,
So the officer should wait until he shot before he reacts? Unless you were there keep your opinion to yourself. How come I never see you make a positive comment in support of officers when they do something good or save a life or many lives? Get off this website and stop making your dumb ass comments. I had a friend who was shoot because he hesitated when he observed a suspect reaching for his waist (no gun was reported when the incident was called in) when he was told to get down on the ground. He survived but he almost lost his life, so unless you have worked as a LE officer keep your opinions to yourself.

Robert @ 3/9/2016 8:00 PM

Tetro...where to start
1. Let's start with the statements...should he wait to be shot? No...he should wait until he sees a gun/active threat Tetro, should LEO shoot all males who scratch their a_s or grab their junk! Sounds almost as stupid as your analogy.
2. Honest point ...I comment where the taxpayers are going to foot the bill ($35MM lawsuit). I don't see many comments about the stories you mention...so I am not alone
3. My condolences on your friend...but that has no impact on any case, except the one he was shot in....every scenario is different. If you feel everyone has a gun in their pants...you should quit now, because you will kill an unarmed civilian in the future.
4. I am a taxpayer and a member of the public...so you work for me and the rest of the citizens (Despite what your PBA masters say)....so I will comment on what I wish. If you dont like public service and all it entails...find a new job.
The actions of a few LEO have damaged the public trust

Percy @ 3/9/2016 10:48 PM

Could someone please, please explain to me how/why so many unarmed people are reaching for their waistbands. It seem every day I read another story of a person with out a gun, taser, beating stick, chemical weapons, sometimes not even a wallet is being shot and killed. Knowing the hyper aggresive state le is in these days why WHY would someone be reaching for their waist? If someone is told to put their hands behind their back is that considered "reaching for their waistband" and therefore reason to kill them? Is there any movement that is not considered to be reaching for the waistband?

Or is it simply that "I feared for my life" has run it's course and a new get out of jail free card?

I challenge anyone on here to answer this.

Clay @ 3/12/2016 7:01 PM

This "he reached for his waistband" didn't work on this shooting. It sounds like it's played out.

Robert @ 3/17/2016 9:57 AM

So the facts are starting to emerge in this case...and it is complete BS.
1. LEO charged with 2nd degree murder...no time spent in jail.
2. Internal affairs already cleared the shooting...however, after charges filed the PD looking to fire LEO because he had profanity written on his gun (his personal gun...AR15 that he used to shoot the guy 6 times from 20'!!).
This is a complete miscarriage of justice...the LEO should rot in jail...but it appears his dad worked for the internal affairs division for 20 years.
In the end everyone will go home happy..except, the taxpayers will foot the bill and the family of the dead guy will get some money, but still not be happy.
The entire internal affairs division should be fired / re-assigned...and the entire chain of command that signed off on the decision should be fired.
What complete and utter BS.

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