A former Arizona police officer has been acquitted by a jury of second degree murder and reckless manslaughter for the January 2016 shooting death of 26 year old David Shaver. The incident occurred after a call from a La Quinta Inn that someone was pointing a gun outside a window of a fifth floor room.
Responding officers believed David Shaver was the person with the gun and ordered him out of his room. A nearly 5 minute video has been made public of the incident, in which Mr. Shaver can be seen on his knees with his hands behind his head - following all of the commands of the shouting officer. Shaver can be heard begging for his life and appeared to be sobbing and confused as he followed instructions to crawl down the hallway towards the officers.
Former officer Philip "Mitch" Brailsford shot David Shaver 5 times as he inched forward (as commanded to) towards him. His reason for the shooting was that Shaver was allegedly reaching for something in his waistband - another officer reviewing the video said it appeared Shaver was pulling his pants up. Either way, in the video the officer seems very angry and aggressive. If he perceived Shaver had a gun and was reaching for it, why did he have to shoot him 5 times? Wouldn't once had been enough to disarm him? Shaver did not have any weapons found on his body.
I understand officers have a difficult job and have to make split second decisions but after hearing and viewing this video, the shooting seems excessive and unnecessary. Watch it for yourself and see what you think.
The acquittal on all charges was surprising. David Shaver's widow plans to file a $75,000,000 lawsuit against the police for excessive force. Mr. Shaver also leaves behind 2 children. Two pellet rifles were discovered in Shaver's hotel room - it seems likely he may have been the one seen at the 5th floor window. If I hadn't watched the video and heard David Shaver begging the officers not to shoot him, I may have a different opinion of this shooting but it's disturbing that this former officer fired an assault rifle 5 times at a man crawling on the hallway floor and following the instructions of law enforcement. The officer's voice is also concerning - quite frankly he sounds pissed off. Maybe something happened before the body camera began recording but I didn't see or hear anything to justify the seemingly angry officers commands.
David Shaver seemed clearly confused and the man was sobbing. He seemed to be in emotional distress but not dangerous! Another senseless shooting. Do police just get a pass when they kill someone in this manner? I believe his widow would win an excessive force suit because it doesn't seem like it was necessary to fire 5 shots into this man. Officer Brailsford was terminated immediately by Mesa Police Chief John Meza after he reviewed the case and video footage. Smart move. My condolences to the family of David Shaver. I don't believe the police had to shoot him and I hope you prevail in your civil suit.
David Shaver seemed clearly confused and the man was sobbing. He seemed to be in emotional distress but not dangerous! Another senseless shooting. Do police just get a pass when they kill someone in this manner? I believe his widow would win an excessive force suit because it doesn't seem like it was necessary to fire 5 shots into this man. Officer Brailsford was terminated immediately by Mesa Police Chief John Meza after he reviewed the case and video footage. Smart move. My condolences to the family of David Shaver. I don't believe the police had to shoot him and I hope you prevail in your civil suit.