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Moments before a Mesa, Arizona, police officer killed Daniel Shaver with five shots from an AR-15, Shaver was on all fours, pleading with officers not to shoot him, according to a newly released police report from the incident. Shaver, a twenty-six-year-old from Texas, was killed on January 18. Philip Brailsford, the two-year Mesa Police Department officer who allegedly killed him, was fired from the department and charged with second-degree murder.
Shaver was staying at a Mesa La Quinta Inn on a work-related trip when he was killed, according to a local ABC affiliate. The police report (viewable in full here) alleges that officers received a call about a man pointing a rifle out Shaver’s fifth-floor hotel window. According to the police report, the officers who responded asked Shaver and a woman he was with to exit the room. Shaver exited, then raised his hands and dropped to his knees. An officer told him to lay on the ground, and he did. He was “obviously compliant and offered no resistance at that point,” the report reads. Then, Shaver was ordered to put his hands behind his head, cross his legs, and not move. If he moved, the officer told him, he would be considered a threat, and “may not survive it.”
The night of his death, Shaver had invited a man and woman at the hotel to his room for drinks, according to the report. After some shots of rum, the man asked Shaver about a case that appeared to hold a musical instrument. Shaver opened it to reveal a pellet gun and dead sparrow inside. Shaver told them he was on a business trip with Wal-Mart and “his job is to kill all of the birds that get inside the buildings,” according to the report. Shaver then briefly pointed the pellet gun out the window. When police found Shaver, they warned him that he “may not survive” if he did anything that could be considered a threat, the report says. Brailsford’s body cam shows Shaver appeared to making small jerking motions while he had his hands behind his back, according to the report.
An officer yelled at him, “If you do that again, we are shooting you. Do you understand?”
“No, please don’t shoot me,” Shaver said.
The footage shows Shaver complying with all other orders, including a demand to crawl toward the officers, as he is “audibly heard sobbing.”
At one point, Shaver’s hand appeared to move toward his waist. An officer was heard yelling, “Don’t,” before Brailsford fired.
Shaver was not armed. His hand motion appeared to be him “attempting to pull his shorts up as they were falling off,” the report says.
Previous reports have indicated Shaver may have been drunk at the time of the shooting — despite telling officers he was not — and possibly did not understand police orders. Shaver’s autopsy report has not been released.
Brailsford was charged with second-degree murder and fired from the department. The new report reveals Brailsford had etched on his rifle: “You’re F---ed.”
On 3.14.16 I met with the County Attorney Bill Montgomery, after I was informed just hours beforehand on the phone that they had previously decided, without consulting me, to offer (former) Officer Philip Brailsford a plea deal of negligent homicide, reduced down from second degree murder. I had not been given the opportunity to even view the body cam footage, nor had my (now former) attorneys. Once we got a meeting with the CA, I quickly realized that by watching the footage I was going to be silenced. I was told what I could and could not say. Ultimately, I was not allowed to watch the video. The CA made it very clear to me he would not allow the evidence/footage to be released publicly. Last Friday Bill Montgomery and the defense attorney filed a motion in court to seal the body cam footage from being released. We must demand that it be made public and get this plea deal stopped. #JusticeForDaniel #DanielShaver #FreeTheFootage #ReleaseTheBodyCam #PhilipBrailsford #BillMontgomery #MesaPD
originally posted by: IslandOfMisfitToys
originally posted by: Cobaltic1978
The cop looks about 16.
And looks more the criminal than the guy he murdered in cold blood.
How could this ever be allowed to happen?
Police state USA.
originally posted by: Deny Arrogance
Where are the protests?
Taking a life even if it's a criminal isn't something you make light of.
originally posted by: theantediluvian
originally posted by: Deny Arrogance
Where are the protests?
Why don't you go start one?
Maybe we shouldn't talk about unarmed white people being killed by police until white people stop killing white people. Right?
Possible Punishment for Negligent Homicide
If convicted of a Negligent Homicide that did not involve the use of a dangerous instrument or deadly weapon, then the crime is classified as a “non-dangerous” class four (4) felony. A first offense carries a potential punishment of probation with zero (0) days in jail to one (1) year in jail, or prison of one (1) year to three and three-quarters (3.75) years in custody. However, if this is not the defendant’s first offense and he has one (1) historical allegeable prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable prior convictions, then the “prison only” range is six (6) to fifteen (15) years.
If the jury determines there was a dangerous instrument or deadly weapon used, then the crime is categorized as class four (4) “dangerous” felony. A first offense carries a minimum of four (4) years in prison, six (6) years presumptive in prison, and eight (8) years maximum in prison. If the defendant has one (1) allegeable historical prior conviction, the minimum is eight (8) years, presumptive is ten (10) years, and maximum is twelve (12) years incarceration. If the defendant has two (2) allegeable historical prior convictions, the minimum sentence is twelve (12) years, presumptive is fourteen (14), and maximum is sixteen (16) years incarceration.