The parents of a Granbury man who was killed by a police officer at an Arizona hotel last year have sued the city of Mesa and the officer.
Norma and Grady Shaver filed a wrongful-death and gross-negligence lawsuit in Maricopa County Superior Court on Tuesday, seeking unspecified punitive damages, the Arizona Republic reported.
Daniel Shaver, 26, was fatally shot by officer Philip Brailsford on Jan. 18 at a La Quinta Inn & Suites in Mesa, a suburb of Phoenix.
The Shavers’ lawsuit alleges that Brailsford and his supervisor, Sgt. Charles Langley, intended to cause Daniel Shaver harm, according to the Republic.
Brailsford was fired after the shooting and charged with second-degree murder. His case has not gone to trial.
Shaver was unarmed and had been staying at the hotel on a business trip.
Mesa police said they had responded to a report of a person pointing a rifle from a fifth-story window of the hotel.
Officers went to the fifth floor, took positions outside Room 502 and called for the occupants to leave the room, police said in a news release.
A woman and a man who was later identified as Shaver came out and were ordered to get on the floor in the hallway. They complied, and the woman was told to crawl toward the officers, which she did. She was arrested without incident, the news release said.
Shaver was then ordered to crawl toward the officers. As he moved toward them on his hands and knees, Shaver made a motion with his right hand toward his waistline, the statement said. Brailsford fired five shots, killing him.
According to a transcription of Brailsford’s body-cam footage, Shaver begged for his life, the Republic reported.
“Please don’t shoot me,” he said to police officers.
“After carefully reviewing the relevant facts and circumstances, we have determined that the use of deadly physical force was not justified in this instance,” Maricopa County Attorney Bill Montgomery said after Brailsford was charged.