Murder trial gets underway for fired Mesa police officer
Prosecutors say shooting of visiting Texan at hotel in 2016 was not justified
Jury selection began Wednesday in the murder trial of a former Mesa police officer who shot and killed an unarmed Texas man after responding to a call at a hotel in 2016.
Philip “Mitch” Brailsford, 26, is charged with second-degree murder in the shooting of Daniel Shaver who was staying at a Mesa La Quinta Inn for work.
The trial, being held in Maricopa County Superior Court, is expected to last 16 days.
Brailsford was fired from the Mesa Police Department in March 2016, shortly after prosecutors concluded the shooting was not justified and he was charged.
On Jan. 18, 2016, Mesa officers responded to a report of a man waving a gun out of a window at a La Quinta Inn.
Shaver, a pest-control worker who was in his hotel room drinking, had shown two visitors a pellet gun he used for work, the police report says.
After police called him out of the room, he was on his hands and knees, saying, “Please don’t shoot me,” according to Mesa police documents. Shaver then made a movement with his hands near his waistband, indicating he may have been armed, police say. Brailsford, who was among several officers at the scene, then fired five times, killing the man.
On Wednesday, Judge George Fos-
ter heard arguments from the prosecutor and defense lawyer about whether to allow the jury during opening statements to see a police onbody camera recording showing the killing. A second issue was whether the jury would be allowed to hear that there was a handgun in Shaver’s work truck.
Foster is expected to rule on both issues before opening statements, scheduled for Oct. 25.
Deputy Maricopa County Attorney Susie Charbel told the judge that Brailsford’s body camera recording is admissible evidence and she should be allowed to show the video in her opening statement.
But Brailsford’s lawyer, Michael Piccarreta, countered that showing the video is prejudicial to his client.
Foster said the law usually doesn’t allow either the prosecution or defense to show evidence during an opening statement. But he added that he may allow Charbel to show an edited version of the video.
The judge also said repeatedly showing the video to the jury could be prejudicial to Brailsford’s right to a fair trial.
“Showing this video over and over again, it’s like showing gory pictures,” he said. “After awhile it becomes prejudicial, and the court is sensitive to that issue.”
Whether the video is shown during an opening statement or during the course of the trial, it will be the first time an unedited version of it will be shown publicly.
The video had been at the center of legal wrangling last year. An edited version of it eventually was released but did not show the actual shooting.
Piccarreta also told the judge that he wants to be allowed to tell the jury that Shaver had a handgun inside of a safe in his work truck when police shot him. He told the judge this was relevant because it supports his argument that Brailsford shot him out of fear that Shaver may have had a gun.
Charbel said the gun belonged to Shaver’s father-in-law, and that Shaver didn’t know the combination number to the safe.