Arizona high court won't review ruling in case of ex-officer

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Former Officer Philip Mitchell Brailsford (Source: 3TV/CBS 5) Former Officer Philip Mitchell Brailsford (Source: 3TV/CBS 5)
Police said Daniel Shaver was not fully complying with officers' commands. (Source: 3TV/CBS 5) Police said Daniel Shaver was not fully complying with officers' commands. (Source: 3TV/CBS 5)
PHOENIX (AP) -

The Arizona Supreme Court won't review a lower court's ruling that found probable cause exists for a former Mesa police officer to be tried on a murder charge in the fatal shooting of a hotel guest.

The state high court order Tuesday lets stand a Court of Appeals ruling that Philip Brailsford's argument that he was denied a fair preliminary hearing.

[RELATED: Ex-Mesa officer charged with murder loses pretrial appeal]

Brailsford is scheduled to stand trial Oct. 23 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.

[RELATED: Walk-through interview with Officer Philip Brailsford]

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.

[SPECIAL SECTION: Mesa officers shoots, kills unarmed man]

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