270:
Startled, Shaver then put his hands behind his back and was again warned by
Langley to keep his hands in the air. Langley yelled at Shaver that if he deviated from police instructions again, they would shoot him. Sergeant Langley told Shaver not to put his hands down for any reason. Shaver said, "Please don't shoot me". Upon being instructed to crawl, Shaver put his hands down and crawled on all fours. While crawling towards the officers, Shaver moved his right hand towards his waistband. Brailsford, who later testified he believed that Shaver was reaching for a weapon, then opened fire with his
306:
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onto the ground. At the time, the incident was publicized (but
Brailsford was not named) by a witness to the arrest, who alleged excessive force because the teenagers "weren't doing anything". A spokesman for the Mesa Police Department said that the department "looked at" the incident and "administratively cleared" Brailsford, because "police work sometimes isn't pretty".
266:
and Shaver did not hear these initial commands. Police then telephoned Shaver's room and again ordered the occupants to step outside. Shaver and
Portillo then walked into the hotel corridor, where Langley gave them orders for several minutes while the other officers, including Philip Brailsford, trained rifles on them. Portillo was taken into custody unharmed.
323:
On May 25, 2016, Myers ordered portions of the video released. The released video omitted the shooting itself. The redacted version included footage from
Brailsford's body camera up to the time when someone exits Shaver's hotel room and footage from another officer's camera while he escorted a woman
240:
Philip
Mitchell Brailsford, like Daniel Shaver, was 26 years old at the time of the shooting. He had been employed with the Mesa Police Department since 2013. He was "administratively cleared" of wrongdoing in a 2015 incident involving excessive use of force during an arrest of three unarmed teenage
269:
Langley then ordered Shaver, who was lying prone at
Langley's request, to cross his legs. Moments later, he ordered Shaver to push himself "up to a kneeling position". While complying with the order to kneel, Shaver uncrossed his legs and Langley shouted that Shaver needed to keep his legs crossed.
265:
Nuñez left the hotel room shortly before six police officers arrived at about 9:20 p.m. The officers, led by
Sergeant Charles Langley, stood in the corridor outside Shaver's hotel room and called out to the occupants to exit the room, but received no response. Portillo later testified that she
449:-- the result of his shooting of Shaver and the resultant criminal trial. The reinstatement allowed Brailsford to apply for "accidental disability" experienced during the course of work. As a result, Brailsford was unanimously approved to be retired on medical grounds. Brailsford was also given a
403:
Also in
December 2017, it was revealed that Brailsford had been involved in a prior incident in 2015 regarding an arrest of teenagers in a store. During the arrest, Brailsford was recorded on video throwing a teenager against a shelf, putting the teenager in a headlock, then slamming the teenager
372:
In the official police report of the incident, Brailsford defended his actions, saying that by crawling towards the officers (which one of the officers had instructed Shaver to do), Shaver appeared to be "trying to gain a position of advantage in order to gain a better firing position on us". The
261:
on business. He invited two acquaintances, Monique
Portillo and Luis Nuñez, to his room for drinks. There he showed them a scoped air rifle he was using to exterminate birds inside grocery stores. At one point, the gun was pointed outside his fifth-floor window, prompting a witness to notify the
392:
over the release of controversially redacted footage from
Brailsford's body camera made a February trial unrealistic. On February 10, 2017, Maricopa County Superior Court Judge George Foster rescheduled the trial for October 23, 2017. Brailsford faced up to 25 years in prison if found guilty of
274:
rifle, striking Shaver five times and killing him almost instantly. Shaver was unarmed and may have been attempting to prevent his shorts from slipping down. An autopsy report found that Shaver was intoxicated, which police stated may have contributed to his confused response to their commands.
345:
charges against Brailsford in relation to the incident. According to a statement by the county attorney, "after carefully reviewing the relevant facts and circumstances, we have determined that the use of deadly physical force was not justified in this instance." Brailsford pleaded not guilty.
354:
Later that month, the Mesa Police Department fired Brailsford, citing several policy violations and unsatisfactory performance. An internal investigation report revealed that Brailsford had violated department weapon policy by engraving his patrol rifle with the phrases "You're fucked" and
461:
In 2021, Shaver's parents settled with the city for $ 1.5 million. Shaver's common-law widow, Laney Sweet, was seeking $ 75 million in a wrongful death lawsuit, and refused to settle at that time. In November 2022, Sweet agreed to settle her lawsuit against the city for $ 8 million.
444:
In August 2018, Brailsford was reinstated by the Mesa Police Department, staying for a further 42 days in what the department described as a "budget position". The department agreed to reimburse Brailsford for medical expenses related to his
288:
prosecutors, she was told that she could watch the video only if she agreed not to discuss its contents with the press. Prosecutors and defense attorneys in Brailsford's murder trial asked that the bodycam footage be sealed. Maricopa County
471:
283:
Shaver's widow requested that the Mesa Police Department release bodycam footage of the event. The request for the bodycam footage was initially refused. In a recording released by Shaver's widow, purportedly of a meeting between her and
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from the room. The full unedited body camera footage of the shooting was released by the Mesa Police Department hours after Brailsford was found not guilty of murder and reckless manslaughter.
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Four months after the shooting, Charles Langley, the officer who shouted orders to Shaver, retired from the department. By December 2017, Langley had emigrated from the United States to the
388:
Brailsford's trial for second-degree murder was originally scheduled for February 2017. A defense motion challenging the state's probable cause to send the case to trial; appeals to the
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of $ 2,500 per month. The fact that Brailsford was ultimately medically retired instead of remaining fired was only revealed to the public in July 2019.
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The medical examiner's report indicated that Shaver had a blood alcohol level of 0.27, which would have been over three times the legal driving limit.
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who had also worked for the Mesa Police Department. Brailsford graduated from Mesa Desert Ridge High School in 2009 and had signed up with the
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839:"Widow of Daniel Shaver, Texas man fatally shot by Ariz. cop as he cried and pleaded for his life, is demanding body cam footage be released"
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After the shooting, the rifle (previously assumed to be a lethal weapon), which remained in the room, was determined to be a
969:'Shaver was cooperative, but sometimes confused by the commands and because of his possible intoxication,' the report said.
373:
report stated: "Shaver was co-operative, but sometimes confused by the commands and because of his possible intoxication".
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1011:"Following not-guilty verdict, Mesa police release video of then-officer Philip Brailsford shooting unarmed man"
657:
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338:
285:
1464:"Philip Brailsford, Arizona police officer who shot unarmed man, briefly rehired in order to receive pension"
192:. Police were responding to a report that a rifle had been pointed out of the window of Shaver's hotel room.
137:
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1149:"Arizona cop is cleared of murder after fatally shooting unarmed man who begged him not to pull trigger"
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128:
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1039:"Both parties seek to seal body camera video in murder case involving Mesa Officer Philip Brailsford"
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hotel receptionist. Following this, the police were immediately called by an employee at the hotel.
1305:
1153:
930:
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843:
369:). Brailsford had also previously been investigated for body slamming a teenager during an arrest.
870:"Graphic video shows Daniel Shaver sobbing and begging officer for his life before 2016 shooting"
1520:"Fired ex-Mesa police Officer Philip Brailsford rehired to help him get a public-safety pension"
1437:"Fired ex-Mesa police Officer Philip Brailsford rehired to help him get a public-safety pension"
232:
specialist, and was visiting Mesa for a business trip when he was killed. He was 26 years old.
1265:
1261:"Ex-Mesa Police Officer Philip Brailsford Found Not Guilty in Shooting Death of Daniel Shaver"
438:
1492:"Former Mesa officer Philip Brailsford acquitted of murder now medically retired - not fired"
1441:
1068:"Judge: Body-camera videos of Texas man's shooting by Mesa police officer won't be released"
926:"'Please don't shoot me': Man pleads for life moments before being killed by police officer"
416:
had reopened the case and was looking into a possible civil rights violation by Brailsford.
196:
1096:"Who is Daniel Shaver? Graphic video shows Arizona cop Philip Brailsford killing Texas dad"
242:
225:
181:
1357:"Ex-Mesa Officer Philip Brailsford found not guilty of murder in shooting of unarmed man"
1405:"Teenagers taken down by police at Mesa gas station; some question if cops went too far"
691:"Mesa police confirm Justice Department investigating officer shooting of Daniel Shaver"
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548:
362:
94:
1329:"Former Mesa police sergeant backs decision by officer now on trial in fatal shooting"
216:
Daniel Leetin Shaver (December 29, 1989 – January 18, 2016) grew up in
1610:
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1333:
437:
attached to Brailsford's bankruptcy file, he has been working for a steel company in
189:
75:
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517:
229:
987:. Phoenix, Ariz.: Maricopa County Office of the Medical Examiner. January 22, 2016
744:"Philip Brailsford Trial: Woman who was in the room with Daniel Shaver testifies"
1595:
1123:"Mesa Police shooting: Daniel Shaver seen crawling, begging in disturbing video"
377:
168:
Lawsuit filed by Shaver's widow against the city of Mesa settled for $ 8 million
472:
List of killings by law enforcement officers in the United States, January 2016
1600:
1523:
430:
357:
309:
1378:"Cop who killed Daniel Shaver had a history of excessive force, video shows"
1301:""Please don't shoot me" father-of-two begged police before being shot dead"
636:
607:"Cop Who Killed Daniel Shaver Had A History Of Excessive Force, Video Shows"
584:
575:"Mesa officer charged with second-degree murder was early user of body-cams"
165:
filed by Shaver's parents against the city of Mesa settled for $ 1.5 million
150:
897:"An ex-cop from Arizona was acquitted for shooting an unarmed, sobbing man"
633:"Ex-Mesa officer charged with murder testifies he was 'sad' after shooting"
184:, was fatally shot by police officer Philip Brailsford in the hallway of a
28:
790:"Controversy surrounds police shooting recorded on body-camera in Arizona"
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1100:
722:
610:
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86:
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719:"Daniel Shaver shooting: Ex-Arizona police officer acquitted of murder"
450:
203:
and a lesser manslaughter charge and later found not guilty by a jury.
162:
1177:"Mesa officer charged with murder in shooting of unarmed man at hotel"
271:
1672:
People shot dead by law enforcement officers in the United States
1287:
Ex-Arizona Cop Who Killed Daniel Shaver Involved In Brutal Arrest
397:
257:
According to a police report, Shaver had been staying at a Mesa
808:"Jury sees body-cam video of Mesa officer shooting unarmed man"
513:"Footage of a Police Shooting That Jurors Chose Not to Punish"
365:
expression meaning "come and take it" and associated with the
1205:"News Agencies Seek to Unseal Video of Fatal Police Shooting"
1559:"Wife of Texas man killed by police in Arizona settles suit"
1545:"Daniel Shaver's parents settle with Mesa for $ 1.5 million"
228:, with his wife and two daughters. Shaver was employed as a
761:
Mitchell, Garrett; Morganroth, April (February 10, 2017).
658:"Incident/Investigation Report, Case Number: 2016-0180586"
199:. Following an investigation, Brailsford was charged with
763:"New October trial date set in Daniel Shaver murder case"
1233:"Texas man fatally shot by Mesa officer begged for life"
544:"Former Nashville man shot and killed by Arizona police"
293:
Judge Sam Myers granted the motion to seal the footage.
1572:
1231:
Mitchell, Garrett; Cassidy, Megan (March 30, 2016).
1004:
1002:
957:"ME: Granbury man was drunk when shot by Ariz. cop"
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1657:Law enforcement controversies in the United States
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396:On December 7, 2017, after a six-week trial, a
1435:Burkitt, Bree; Garcia, Uriel (July 11, 2019).
16:2016 police shooting of a man in Mesa, Arizona
8:
832:
830:
537:
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341:Attorney's Office announced it would pursue
21:
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663:. Mesa Police Department. February 8, 2016
27:
20:
712:
710:
542:Alund, Natalie Neysa (January 25, 2016).
1652:January 2016 events in the United States
412:In March 2018, it became known that the
1632:Criminal trials that ended in acquittal
1622:2016 controversies in the United States
1579:
950:
948:
503:
483:
631:Garcia, Uriel J. (November 29, 2017).
429:In January 2018, Brailsford filed for
295:
1677:Police brutality in the United States
1376:Dupuy, Beatrice (December 13, 2017).
1009:Garcia, Uriel J. (December 8, 2017).
863:
861:
605:Dupuy, Beatrice (December 13, 2017).
400:acquitted Brailsford of all charges.
311:Brailsford's bodycam, unedited (5:02)
7:
241:suspects. Brailsford's father was a
1469:Australian Broadcasting Corporation
1327:Garcia, Uriel (November 16, 2017).
1203:Billeaud, Jacques (April 9, 2016).
1175:Mitchell, Garrett (March 4, 2016).
868:Lowery, Wesley (December 8, 2017).
414:United States Department of Justice
408:Department of Justice investigation
333:Criminal charges against Brailsford
249:before being hired by Mesa Police.
1642:Filmed killings by law enforcement
1518:Garcia, Uriel J. (July 10, 2019).
1355:Garcia, Uriel (December 9, 2017).
1066:Kiefer, Michael (March 30, 2016).
689:Garcia, Uriel J. (March 8, 2018).
350:Termination from police department
14:
924:Bever, Lindsey (March 31, 2016).
573:Collom, Lindsey (March 5, 2016).
1594:
1582:
717:Ortiz, Erik (December 8, 2017).
304:
1259:Stern, Ray (December 7, 2017).
955:Haaf, Landon (March 31, 2016).
1299:Tait, Robert (April 1, 2016).
447:post-traumatic stress disorder
1:
837:Bult, Laura (April 3, 2016).
120:Daniel Leetin Shaver, aged 26
1682:21st-century American trials
1637:Deaths by firearm in Arizona
384:Criminal trial and acquittal
104:Law enforcement body cameras
1703:
1662:Law enforcement in Arizona
259:La Quinta Inn & Suites
186:La Quinta Inn & Suites
112:Philip Mitchell Brailsford
72:La Quinta Inn & Suites
982:"Medical Examiner Report"
367:American militia movement
337:In early March 2016, the
303:
26:
22:Shooting of Daniel Shaver
1647:History of Mesa, Arizona
138:lesser included offense
425:Bankruptcy and pension
393:second-degree murder.
247:Arizona National Guard
33:Photo of Daniel Shaver
967:on January 30, 2019.
511:Friedersdorf, Conor.
390:Arizona Supreme Court
224:in 2007. He lived in
220:, and graduated from
176:On January 18, 2016,
44:; 8 years ago
42:January 18, 2016
1238:The Arizona Republic
1210:The Washington Times
1182:The Arizona Republic
1073:The Arizona Republic
1016:The Arizona Republic
813:The Arizona Republic
768:The Arizona Republic
696:The Arizona Republic
673:The Arizona Republic
580:The Arizona Republic
343:second-degree murder
222:Hillwood High School
218:Nashville, Tennessee
201:second-degree murder
178:Daniel Leetin Shaver
129:Second-degree murder
1306:The Daily Telegraph
1154:New York Daily News
931:The Washington Post
875:The Washington Post
844:New York Daily News
703:on 28 January 2019.
279:Body camera footage
23:
1289:, TMZ, 12/12/2017.
1047:. Phoenix, Arizona
796:. January 4, 2018.
750:. 3 November 2017.
1687:Trials in Arizona
1413:. 22 October 2015
1266:Phoenix New Times
1094:Dupuy, Beatrice.
439:Glendale, Arizona
433:. According to a
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236:Philip Brailsford
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1472:. July 13, 2019
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339:Maricopa County
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299:External videos
286:Maricopa County
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243:police sergeant
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226:Granbury, Texas
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182:Granbury, Texas
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1565:. 23 Nov 2022.
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