AZ - Daniel Shaver, 26, fatally shot by LE, Mesa, 18 Jan 2016

DNA Solves
DNA Solves
DNA Solves
Profane etching on gun inadmissible in ex-Mesa officer's murder trial

http://www.azcentral.com/story/news/local/mesa/2017/09/08/profane-etching-ex-mesa-officer-phillip-mitch-brailsford-gun-inadmissible-daniel-shaver-murder-trial/648709001/

A Mesa Police Department internal report found that the words “You’re f--ked” were inscribed on the on the dust cover of the AR-15 patrol rifle Philip “Mitch” Brailsford used to shoot 26-year-old Daniel Shaver.

State prosecutors argued that the words were a testament to Brailsford’s mindset at the time of the incident, but Maricopa County Superior Court Judge George Foster found the evidence “totally prejudicial” and ruled it inadmissible.

Foster said although the inscription may have violated department policy, the issue was ancillary.

What mattered, Foster said, was “in those eight to nine minutes, were the actions of the defendant reasonable under the circumstances?”
 
Jury selection starts in former Mesa police officer's murder trial

http://www.azcentral.com/story/news/local/mesa/2017/10/18/jury-selection-starts-trial-amid-concerns-video-hotel-shootingfor-former-mesa-police-officer-charged/777933001/

Jury selection began Wednesday in the murder trial of a former Mesa police officer who shot and killed an unarmed Texas man after responding to a call at a hotel in 2016.

Philip "Mitch" Brailsford, 26, is charged with second-degree murder in the shooting of Daniel Shaver who was staying at a Mesa La Quinta Inn for work.

The trial, being held in Maricopa County Superior Court, is expected to last 16 days.
 
Jury sees body-cam video of ex-Mesa officer shooting unarmed man

During her opening statement on Thursday, Deputy Maricopa County Attorney Susie Charbel showed the Superior Court jury a few minutes of the 18-minute video that depicts the killing.

“The state will show the defendant wasn't acting like a reasonable officer, he was acting like a killer,” Charbel said.

But Brailsford's lawyer, Michael Piccarreta said the officer had to make a split-second decision to protect himself and his fellow officers. When Shaver tried to raise his right hand, Brailsford took this as a threat because Shaver could have been reaching for a gun, Piccarreta said.

http://www.abc15.com/news/region-phoenix-metro/central-phoenix/philip-brailsford-update-jurors-see-video-of-officer-shooting-unarmed-man

A police supervisor can be heard shouting commands at Shaver, who disobeys some of the orders but doesn't voice any threats toward officers.

"Please do not shoot me," Shaver said.

Brailsford opened fire when Shaver, who had been ordered to crawl toward officers, reached toward the waistband of his shorts. The officer believed Shaver was reaching for a gun.

Authorities have said it looked as though Shaver was pulling up his loose-fitting basketball shorts that had fallen down as he crawled.
 
More testimonies heard, in 2nd day of Philip Brailsford's murder trial

http://www.fox10phoenix.com/news/arizona-news/more-testimonies-heard-in-2nd-day-of-philip-brailsfords-murder-trail

A Mesa Police officer who responded to the January shooting, along with Brailsford, took the stand. The prosecution played officer Christopher Doane's body-cam video.

Doane testified that he did not see any weapons in their hands.

<snipped>

The Medical Examiner who performed Shaver's autopsy testified Shaver was shot five times, from about 6 feet away.
 
Witness: Man shot by Mesa police officer had cried for his life

http://www.azcentral.com/story/news/local/mesa/2017/11/02/witness-man-shot-ex-mesa-police-officer-cried-his-life/826430001/

Shaver's room phone rang once and he picked it up. Shaver looked confused and said, "Mesa police wants you to step out," Portillo testified.

She was surprised to see what she remembered as eight police officers, four on their knees and four standing up, in the hallway with their guns pointed at her, she said.

She said she remembered being told by an officer to get on her knees, with her hands up in the air and eventually crawled toward the officers on her hands and knees. A police video depicting the shooting that was played for the jury early in the trial showed her crawling toward the officers with her hands up in the air.

After being handcuffed and put on her knees by a police officer, she saw Shaver on his knees. As he crawled toward officers, she said, Shaver tried to pull his shorts up with his right hand because they were falling down. That's when Brailsford fired five rounds, killing Shaver.
 
Witness says he never felt threatened by man later killed by Mesa police

http://www.azcentral.com/story/news/local/mesa/2017/11/06/witness-says-he-never-felt-threatened-man-later-killed-mesa-police/836753001/

Luis Nuñez and a colleague agreed to have a drink with Daniel Shaver in his hotel room, but it soon became clear Shaver was drunk. He had also invited Nuñez to try out his pellet gun from his fifth-floor window.

“It’s a stupid idea," Nuñez recalled telling Shaver, during testimony in Maricopa County Superior Court on Monday.

Despite the unease, he says he didn't feel threatened by Shaver and left a female colleague behind to make a phone call.

Mesa officer Brian Elmore, who was among the six officers who responded to the scene and had his rifle pointed at Shaver, also testified Monday.

He said that as part of his training he would not shoot a person who made a draw stroke, similar to what Shaver did with his right hand when Brailsford shot him. He would consider other factors, too, he said.

“I wouldn’t shoot unless I saw a threat,” Elmore said.
 
Mesa officer testifies he didn't think fatally shot man was a threat

Brailsford's defense lawyer has argued the shooting was justified because it appeared Shaver had been reaching for a weapon.

Deputy County Attorney Susie Charbel asked Elmore if he saw a threat shortly before Brailsford shot Shaver.

"At that moment, no," said Elmore, one of six Mesa police officers who responded to the hotel.

Mesa police officer wants to take stand in Brailsford murder trial to change his testimony

During redirect, when a lawyer questions his or her witness for the second time, Deputy County Attorney Susie Charbel noted that Elmore didn't fire his AR-15 and asked Elmore if he saw an "imminent threat."

"At that moment, no," Elmore responded.

But earlier in his testimony, when Brailsford's defense lawyer questioned him, Elmore said it was "possible" he may have shot Shaver, who was on his knees sobbing, begging not to be shot, if he saw the same threat Brailsford saw.

On Wednesday, Elmore's lawyer, Robert Jarvis, told the judge that his client misunderstood Charbel's question and thought Charbel had asked if Elmore needed to shoot, not whether he saw a threat.

Jarvis said Elmore read a news article on Wednesday morning and realized he answered Charbel's question incorrectly and wanted to get back on the stand to correct his answer.
 
Former Mesa police sergeant backs decision by officer now on trial in fatal shooting

The officer in charge during a police situation at a Mesa hotel last year testified Tuesday that he, too, would have shot the unarmed suspect, Daniel Shaver of Texas, when the man did not obey orders to put his hands up.

Langley told the 11-member jury Tuesday that he would have shot Shaver if Brailsford wasn’t in his line of fire.

“I thought we were going to get shot,” Langley said. “I thought I was going to get shot.”

Langley said because Shaver put his hand down twice and once behind his back, he thought Shaver may have been reaching for a gun.

Mesa officer revokes request to change testimony in Brailsford's trial

A Mesa police officer who asked to retake the stand to change his testimony in the murder trial of a former colleague has taken back his request.

Mesa police Officer Brian Elmore changed his mind over the weekend about taking the stand again, Maricopa County Superior Judge George Foster said Monday in court.
 
Daniel Shaver - you will not be forgotten, even by those who never knew you. You will not have died in vain.
 
This case just proves that actions have consequences. It all started, when Mr. Shaver made the horrible decision to point his riffle out his Hotel window.
 
https://www.theatlantic.com/politic...lice-killing-without-a-hint-of-racism/546983/
A Police Killing Without a Hint of Racism
Daniel Shaver begged officers not to shoot him. What role will his death play in the push for law-enforcement reforms?
12/3/2017
[...]
And here is an excerpt from the incident report produced by a Mesa police officer, who watched the body-cam footage of the encounter and described what happened from beginning to end. Throughout the events about to be described, Daniel Shaver is totally unarmed, and wearing basketball shorts and a t-shirt:

[FONT=&amp]Shaver could be partially seen walking from the alcove into the hallway a split second after Sgt. Langley shouted for them to stop. Shaver raised his hands in the air prior to any further command, round the alcove into the hallway and immediately dropped to his knees with his hands in the air facing the officers ... Sgt. Lanley shouted for both of them to get on the ground. Shaver placed his hands in front of him and laid down on the ground on the south side of the hallway with his hands extended above his head. In the video, Shaver appeared to be wearing a dark colored shirt and dark shorts. No weapon was visible in the video, but also it was not clear Shaver did not have a weapon from the camera view. Shaver was, however, obviously compliant and offered no resistance at that point.[/FONT]
[FONT=&amp]Sgt. Langley asked Shaver if there was anyone else in the room and Shaver answered that there was no one else in the room ... Sgt. Langley then calmly asked if both of them could understand him ... Sgt. Langley then stated, "Alright, if you make another mistake, there is a very severe possibility you are both going to get shot, do you understand?"[/FONT]
[FONT=&amp]Shaver responded "Yes" to this question ... Sgt. Langley then began to talk when Shaver started to ask a question by saying "what's&#8211;&#8211;". Sgt. Langley told Shaver to shut up and stated that he was not there to be tactful and diplomatic with Shaver and they need to obey his commands. At that point, Shaver's outstretched arms had both palms facing up so the officers could see his hands. As Sgt. Langley was saying they needed to obey his commands. Shaver moved both his arms in front of his face in a similar manner to what would occur when someone is lying on their stomach and intending to rest their head in their crossed arms. Sgt. Langley took note of this and asked Shaver if he had told Shaver to move. Shaver immediately moved his hand back out in front of him with his palms facing up and said, "I'm sorry. No, sir."[/FONT]
[FONT=&amp]Sgt. Langley then ordered Shaver to place his hands on the back of his head and interlace his fingers. Shaver was again compliant. Sgt. Langley then told Shaver to cross his left foot over his right foot. Shaver complied with this but appeared confused as to which foot Sgt. Langley had ordered him to cross. He crossed his feet both ways before finally crossing his feet as Sgt. Langley had instructed. Sgt. Langley then asked again who else was in the room and Shaver responded with "nobody."[/FONT]
[FONT=&amp]Sgt. Langley then asked if both of them were drunk and they both responded that they were not ... He then told Shaver that he turn his eyes down and look at the carpet and not move. He further instructed that Shaver needed to keep his fingers interlaced on his head and his legs crossed. Sgt. Langley then told Shaver that if he moved, it would be considered a threat and the officers would have to deal with that and Shaver "may not survive it." Shaver acknowledged with &#8220;yes sir&#8221; when asked if he understood this.[/FONT]

[...]
 
the jury is deliberating and a verdict may come in this week. Such a very sad case, all the way around...
 
https://www.azcentral.com/story/new...ford-verdict-daniel-shaver-killing/927052001/
[FONT=&amp]Mesa officer-shooting: Photos from the scene[/FONT]
Mesa police Officer Philip "Mitch" Brailsford's AR-15 service weapon, which was used in the Jan. 18, 2016, shooting of Daniel Shaver, was etched with the phrase "You're F---ed." Mesa Police Department


635948868275123494-G1K1K5PV.jpg
 
I did a search but didn't find a thread on this. Warning, the video is VERY disturbing.

https://www.cbsnews.com/news/mesa-p...er-seen-crawling-begging-in-disturbing-video/

Mesa Police shooting: Daniel Shaver seen crawling, begging in disturbing video

MESA -- Police in Mesa, Arizona released disturbing body camera video on Thursday hours after a former officer was acquitted of a murder charge in the fatal shooting of an unarmed man.

--
Video here

https://www.facebook.com/270687966432613/videos/865496006951803/

and here

https://www.washingtonpost.com/news...-before-2016-shooting/?utm_term=.4666a8d0cc4d
 
Murderers. Out of control, brutal murderers. "You're ****ed", indeed.
 

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