Mesa police officer charged in fatal shootingPosted: Updated:
A Mesa police officer has been charged with second-degree murder for shooting and killing a suspect during an incident that occurred in January at a hotel.
Maricopa County prosecutors filed a direct complaint in the case on Friday charging Philip Mitchell Brailsford.
"The use of deadly physical force by law enforcement is governed by Arizona law and is always a tragedy when the loss of life results. After carefully reviewing the relevant facts and circumstances, we have determined that the use of deadly physical force was not justified in this instance," said Maricopa County Bill Montgomery.
On January 18, 2016, Mesa police officers responded to a report of a subject pointing a rifle outside the fifth floor window of the La Quinta Inn & Suites on East Superstition Springs Boulevard.
Officers went to the fifth floor and took positions outside room #502.
Multiple verbal commands were issued for the occupants to exit the room.
A female and a male subject, later identified as Daniel Shaver, exited the room and were ordered to get on the floor in the hallway. After the two complied with the commands, the female was instructed to crawl toward the officers and was taken into custody without incident.
Daniel Shaver was then ordered to crawl towards the officers. As he moved toward the officers on his hands and knees, Shaver made a motion with his right hand toward his waistline. Officer Brailsford then fired five shots, striking Shaver throughout his body and killing him.
"This office will prosecute this case with the same degree of professionalism as we do any other, recognizing the due process rights of the defendant, the rights of the victim and the victim’s family in pursuit of a just result for all," Montgomery said.
Brailsford has been summoned to answer the complaint at an initial court appearance scheduled for 9:00 a.m. on March 15, 2016.
STATEMENT FROM MESA POLICE DEPARTMENT:
"Today the Maricopa County Attorney’s Office filed a Direct Complaint with the charge of second degree murder to Mesa Police Officer Phillip Mitchell Brailsford stemming from the officer-involved shooting on January 18, 2016.
The Maricopa County Justice Court issued a summons ordering Officer Brailsford to appear on the charge.
Mesa Police completed the investigation on February 9, 2016. At that time the case was turned over to the MCAO for review.
Our Department respects the criminal process and continues our full and complete cooperation with the Maricopa County Attorney’s Office as this case moves forward through the judicial system. All inquiries should be referred to the MCAO."
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