Ex-Mesa officer charged with murder loses pretrial appeal

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Former Officer Philip Mitchell Brailsford (Source: 3TV/CBS 5) Former Officer Philip Mitchell Brailsford (Source: 3TV/CBS 5)
PHOENIX (AP) -

A former Mesa police officer has lost his appeal of a ruling that found there's enough probable cause for him to be tried on a murder charge in the fatal shooting of a man at a hotel.

The Arizona Court of Appeals on Tuesday rejected arguments that Philip Brailsford was denied a fair preliminary hearing.

Brailsford has pleaded not guilty to the charge in the 2016 death of Daniel Shaver.

Shaver was shot as he lay on the ground outside his room.

Officers say they believed Shaver, who pleaded with officers not to kill him, was reaching for a gun.

Shaver wasn't armed but had pellet guns in his room as part of his pest-control job.

Brailsford was later fired for policy violations.

His trial is set for Oct. 23.

[READ MORE: Reports shed light on fatal Mesa police shooting]

[READ MORE: Parents of unarmed man killed by police sue Mesa, police officers]

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