UPDATE

Judge orders release of portions of body cam video in Mesa police shooting

Posted: Updated:
Former Mesa Police Officer Philip Brailsford. (Source: KPHO/KTVK) Former Mesa Police Officer Philip Brailsford. (Source: KPHO/KTVK)
Former Officer Philip Mitchell Brailsford (left) is facing a murder charge in the shooting death of Daniel Shaver (right) during an incident at a Mesa hotel in January. (Source: KPHO/KTVK) Former Officer Philip Mitchell Brailsford (left) is facing a murder charge in the shooting death of Daniel Shaver (right) during an incident at a Mesa hotel in January. (Source: KPHO/KTVK)
A preliminary hearing in the case continued in Maricopa County Superior Court Tuesday morning. (Sourfce: KPHO/KTVK) A preliminary hearing in the case continued in Maricopa County Superior Court Tuesday morning. (Sourfce: KPHO/KTVK)
Judge Sam Myers. (Source: KPHO/KTVK) Judge Sam Myers. (Source: KPHO/KTVK)
MESA, AZ (3TV/CBS 5) -

A judge on Tuesday ordered the release of portions of police body-camera videos capturing a Mesa police officer’s shooting of an unarmed man at a hotel.

Judge Sam Myers will now consider which portions will be released and that could take some time. He heard arguments from both sides during the second day of a preliminary hearing.

“Because there is a change in circumstance, that is the court’s finding of probable cause, the motion is well-taken and reconsideration is appropriate based on that change in circumstance,” Myers said.

[RELATED: Judge finds probable cause in deadly Mesa police shooting]

The judge's ruling was more restrictive than his original decision to have the whole video unredacted and released after this preliminary hearing.

Myers on Tuesday ruled parts of the video will be redacted.

“There are portions of the video that should remain sealed until the trial is completed,” Myers said. "I will enter a written order in regard to which portions of the video will remain sealed and which portions can be made public."

Defense attorney Craig Mehrens called on the court to err on the side of caution.

"The video going viral to the media and the social network, however it goes out, will seriously impact on the defendant’s right to receive a fair trial in Maricopa County and would impact on its right to select a fair and impartial jury," he said.

 Prosecutor Susie Charbel said the rights of the victim and family members should prevail over the rights of the media to have access to the video.

“We continue to say there’s nothing to be gained any further, especially now that the defendant is actually facing trial for second-degree murder, by having this video go viral and we only expect negative things to come out of that," Charbel said. "It would be one thing if he hadn’t been charged, if there were some kind of accusation of a coverup or things of that nature where we really need to see what your government is up to but frankly, he’s been charged. This is a temporary request, just to protect the case and to protect the integrity of the system and the integrity of the individual who was killed as well as his family members."

Earlier Tuesday morning, Myers upheld his previous finding of probable cause to move forward with a second-degree murder charge against Philip Mitchell Brailsford.

He is accused of shooting Daniel Shaver, 26, five times at a La Quinta Inn after responding to a call about a man with a gun in the window.

The Mesa Police Department fired Brailsford in March following a review of the January shooting.

The Mesa Police Association is unhappy about Brailsford's firing since that action was taken before probable cause had been established.

Brailsford was arraigned at Tuesday's preliminary hearing. He pleaded not guilty.

His next court date is set for June 30.

He previously told investigators that he opened fire out of fear that Shaver was reaching for a gun as Shaver was lying on the ground.

Brailsford’s attorney said Monday the judge's decision could later be reversed based on the comments of a defense witness.

[RELATED: Investigator: Police shooting victim pleaded for his life]

[RELATED: Reports shed light on fatal Mesa police shooting]

[RELATED: Mesa officer charged in fatal shooting fired]

[RELATED: Mesa officer pleads not guilty in shooting death of Texas man]

[RELATED: Mesa police officer charged in fatal shooting]

Copyright 2016 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this story.

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