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On 18 January 2016, [[Mesa, Arizona|Mesa]] Police Department officer Philip Brailsford, age 26, |
On 18 January 2016, [[Mesa, Arizona|Mesa]] Police Department officer Philip Brailsford, age 26, shot 26-year-old '''Daniel Shaver''' of Granbury, Texas. Shaver was allegedly in possession of an [[air rifle]] while he was staying at a [[La Quinta Inns & Suites]] hotel. Hotel guests near the pool notified the front desk that someone was pointing a rifle out a fifth floor window. The hotel immediately notified the police. Following an investigation, Brailsford was charged with [[second-degree murder]] and later found not guilty.<ref>{{cite news|last1=Friedersdorf|first1=Conor|title=Footage of a Police Shooting That Jurors Chose Not to Punish|url=https://www.theatlantic.com/politics/archive/2017/12/footage-of-a-police-killing-that-jurors-didnt-punish/547868/#article-comments|accessdate=8 December 2017|work=The Atlantic}}</ref> Controversy emerged surrounding the release of [[Body worn video|body camera]] footage of the event. |
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== Incident == |
== Incident == |
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According to a police report, Daniel Shaver, a pest-control worker and resident of Granbury, Texas, had been staying at a Mesa [[La Quinta Inns & Suites|La Quinta Inn]] on business. He invited two acquaintances to his room for drinks. There he showed them a scoped air rifle he was using to exterminate birds inside grocery stores. At one point the gun was pointed outside his hotel window, prompting a witness to notify the front desk; the police were immediately called. Upon arrival, police gave Shaver and his acquaintances detailed orders for several minutes, with frequent admonitions that failing to comply with them would get them shot. Shaver was |
According to a police report, Daniel Shaver, a pest-control worker and resident of Granbury, Texas, had been staying at a Mesa [[La Quinta Inns & Suites|La Quinta Inn]] on business. He invited two acquaintances to his room for drinks. There he showed them a scoped air rifle he was using to exterminate birds inside grocery stores. At one point the gun was pointed outside his hotel window, prompting a witness to notify the front desk; the police were immediately called. Upon arrival, police gave Shaver and his acquaintances detailed orders for several minutes, with frequent admonitions that failing to comply with them would get them shot. Eventually, Shaver was ordered to crawl on the floor towards them. While complying with their request, Shaver, who was intoxicated and could be heard sobbing, begging officers, "Please don't shoot," made a single hand motion, notably distant from his waist. Brailsford yelled at Shaver that if Shaver did anything whatsoever that deviated from his instructions he would shoot him and he probably wouldn’t survive. Shaver then reached his right hand back towards his waistband, at which point Brailsford can be heard yelling "Don't-" before immediately opening fire with his [[AR-15]] rifle, striking Shaver 5 times and killing him almost instantly. Shaver was unarmed.<ref name="NY_Daily1">{{cite news |last=Bult|first=Laura|date=3 April 2016|title=Widow of Daniel Shaver, Texas man fatally shot by Ariz. cop as he cried and pleaded for his life, is demanding body cam footage be released|url=http://www.nydailynews.com/news/national/daniel-shaver-widow-demans-release-body-cam-footage-article-1.2587032|newspaper=[[New York Daily News]]|location= |access-date=25 April 2016}}</ref><ref name="Observer1">{{cite news |last=Benell|first=Evelyn|date=1 April 2016|title=Daniel Shaver, unarmed, cried and begged for his life before cop gunned him down|newspaper=[[New York Observer]]|location= |access-date=25 April 2016}}</ref> |
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==Aftermath== |
==Aftermath== |
Revision as of 09:37, 9 December 2017
Date | January 18, 2016 |
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Location | La Quinta Inns & Suites, Mesa, Arizona, United States |
Type | Death |
Cause | Shooting |
Casualties | |
Daniel Shaver | |
Accused | Philip Brailsford |
Charges | Second degree murder |
Verdict | Not guilty |
On 18 January 2016, Mesa Police Department officer Philip Brailsford, age 26, shot 26-year-old Daniel Shaver of Granbury, Texas. Shaver was allegedly in possession of an air rifle while he was staying at a La Quinta Inns & Suites hotel. Hotel guests near the pool notified the front desk that someone was pointing a rifle out a fifth floor window. The hotel immediately notified the police. Following an investigation, Brailsford was charged with second-degree murder and later found not guilty.[1] Controversy emerged surrounding the release of body camera footage of the event.
Incident
According to a police report, Daniel Shaver, a pest-control worker and resident of Granbury, Texas, had been staying at a Mesa La Quinta Inn on business. He invited two acquaintances to his room for drinks. There he showed them a scoped air rifle he was using to exterminate birds inside grocery stores. At one point the gun was pointed outside his hotel window, prompting a witness to notify the front desk; the police were immediately called. Upon arrival, police gave Shaver and his acquaintances detailed orders for several minutes, with frequent admonitions that failing to comply with them would get them shot. Eventually, Shaver was ordered to crawl on the floor towards them. While complying with their request, Shaver, who was intoxicated and could be heard sobbing, begging officers, "Please don't shoot," made a single hand motion, notably distant from his waist. Brailsford yelled at Shaver that if Shaver did anything whatsoever that deviated from his instructions he would shoot him and he probably wouldn’t survive. Shaver then reached his right hand back towards his waistband, at which point Brailsford can be heard yelling "Don't-" before immediately opening fire with his AR-15 rifle, striking Shaver 5 times and killing him almost instantly. Shaver was unarmed.[2][3]
Aftermath
In early March 2016, Brailsford was charged with second-degree murder in relation to the incident.[4] Later that month, the Mesa police department, citing several policy violations that included the profane language "YOU'RE FUCKED" custom engraved into his rifle dust cover[5] and unsatisfactory performance, fired Brailsford.[6][7][8] Brailsford pleaded not guilty.[9]
The prosecution and defense have interviewed 34 witnesses, but key witness Monique Portillo has not cooperated with any requests for interviews. Portillo, who had been drinking in Shaver's room with Shaver and a co-worker, exited the hotel room with Shaver when commanded by police to enter the hallway.[10]
Body camera footage
Shaver's wife, Laney Sweet, and her lawyer requested that the Mesa Police Department release body-cam footage of the event.[3] The request for the body-cam footage was initially refused. In a recording released by Sweet, purportedly of a meeting between her and Maricopa County prosecutors, Sweet was told that she could watch the video only if she agreed not to discuss its contents with the press.[2] Prosecutors and defense attorneys in Brailsford's murder trial asked that the body-cam footage be sealed. Maricopa County Superior Court Judge Sam Myers accepted the motion to seal the footage.[11]
On 25 May 2016, Myers ordered portions of the video released. The released video omits the shooting itself. The edited version includes footage from Brailsford's body camera up to the time when someone exits Shaver's hotel room and footage from another officer's camera while he escorts a woman from the hotel. In accordance with arguments from Brailsford, prosecutors, and Shaver's parents, the court order had barred the public release of the encounter between officers and Shaver until Brailsford's case is resolved in order to protect Brailsford's right to a fair trial.[12]
Trial
Brailsford's trial for second degree murder was originally scheduled for February 2017. A defense motion challenging the state's probable cause to send the case to trial, and appeals to the Arizona Supreme Court over the release of controversially redacted footage from Brailsford's body camera, made a February trial unrealistic. On 10 February 2017, Maricopa County Superior Court Judge George Foster rescheduled the trial for 23 October 2017. Brailsford faced up to 25 years in prison if found guilty of second degree murder.
On December 7, 2017, after a 6-week trial, a jury acquitted Brailsford of all charges.[13][10]
References
- ^ Friedersdorf, Conor. "Footage of a Police Shooting That Jurors Chose Not to Punish". The Atlantic. Retrieved 8 December 2017.
- ^ a b Bult, Laura (3 April 2016). "Widow of Daniel Shaver, Texas man fatally shot by Ariz. cop as he cried and pleaded for his life, is demanding body cam footage be released". New York Daily News. Retrieved 25 April 2016.
- ^ a b Benell, Evelyn (1 April 2016). "Daniel Shaver, unarmed, cried and begged for his life before cop gunned him down". New York Observer.
{{cite news}}
:|access-date=
requires|url=
(help) - ^ Enea, Joe. "Both parties seek to seal body camera video in murder case involving Mesa Officer Philip Brailsford". ABC News. Retrieved 25 April 2016.
- ^ "Questions over assault weapon used by Mesa officer facing murder charge". Tucson News Now. 15 March 2016. Retrieved 27 August 2017.
- ^ Mitchell, Mitchell (30 March 2016). "Texas man fatally shot by Mesa officer begged for life". The Arizona Republic. Retrieved 25 April 2016.
- ^ Siegel, Dan (21 March 2016). "Mesa officer charged with 2nd-degree murder fired Monday". NBC News. Retrieved 25 April 2016.
- ^ Billeaud, Jacques (9 April 2016). "News Agencies Seek to Unseal Video of Fatal Police Shooting". Washington Times. Retrieved 25 April 2016.
- ^ Bever, Lindsey (31 March 2016). "'Please don't shoot me': Man pleads for life moments before being killed by police officer". Washington Post. Retrieved 25 April 2016.
- ^ a b Mitchell, Garrett; Morganroth, April (10 February 2017). "New October trial date set in Daniel Shaver murder case". The Arizona Republic. Retrieved 1 July 2017.
- ^ Kiefer, Michael (30 March 2016). "Judge: Body-camera videos of Texas man's shooting by Mesa police officer won't be released". The Arizona Republic. Retrieved 25 April 2016.
- ^ "Unsealed Arizona police video omits shooting of unarmed man". CBS News. 25 May 2016. Retrieved 1 July 2017.
- ^ https://www.nbcnews.com/news/us-news/daniel-shaver-shooting-ex-arizona-police-officer-not-guilty-murder-n827641