A Texas man – fatally shot by police – begged the cops on all fours not to shoot him before an officer fired five shots at him.
Daniel Shaver was staying at La Quinta Inn on business in Mesa, Arizona on January 18 when he was allegedly killed by Philip Brailsford, a Mesa Police Department officer who was subsequently fired and charged with second-degree murder. However, prosecutors have disclosed to Shaver’s widow that they will offer Brailsford a plea deal for negligent homicide — a lesser charge.
According to the police report, the officers responded to a man pointing a rifle out of the fifth-floor window of Shaver’s hotel. When they arrived at the scene, the officers had Shaver and the woman in his room, Monique Portillo, exit the room and stand in the hallway. The two were ordered to get on the ground and threatened that if they did not comply with Sgt. Langley’s commands then “there is a very severe possibility you are both going to get shot.”
In an interview with Portillo following the shooting, it was revealed that Shaver had invited Portillo and her co-worker, Luis Nunez, to take shots with him in his hotel room. In his room, he showed them his rifle which Nunez and Shaver began playing with and pointing outside his window.
The report’s description of the shooting was based largely off of body camera footage, which prosecutors and Brailsford’s attorneys are arguing to keep private.
During the confrontation with officers, Langley instructed Shaver to keep his hands interlaced behind his head, his legs crossed, and his eyes down and warned that if he moved, “he may not survive it.”
Langley then instructed Shaver into a kneeling position with his hands extended out in front of him, but as Shaver pushed his body up, he put his hands behind his back. Langley then screamed loudly at Shaver about his hands and ordered he place them in the air. The 26-year-old immediately complied and put his hands above his head.
“If you do that again, we’re shooting you. Do you understand?” Langley asked.
“No, please don’t shoot me,” Shaver responded, clearly panicked.
Langley shouted that if Shaver put his hands behind the small of his back, the officers will shoot him. At this point, Shaver could be heard “audibly sobbing.”
Shaver was then instructed to crawl forward but as he did, he moved his hand behind his back. Officers were heard saying “Don’t” as Shaver moved his hand back to the front of his body. In that moment, Brailsford fired at him.
“The movement of SHAVER’s right arm in the recording was a very similar motion to someone drawing a pistol from their waist band,” the report read.
Yet it also acknowledged a very telling detail:
“SHAVER’s underwear were clearly visible and it appeared his shorts had fallen partially down his leg at that point. SHAVER’s motion was also consistent with attempting to pull his shorts up as they were falling off.”
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