Arizona prosecutors charged a Mesa, Ariz., police officer Friday in the fatal shooting of a Granbury man in January at a Mesa hotel.
The officer, Philip Mitchell Brailsford, was charged with second-degree murder in the death of Daniel Shaver, 26, according to a news release from Maricopa County attorney’s office.
The shooting occurred on Jan. 18 after Mesa police responded to a report of a person pointing a rifle from the fifth-story window of the La Quinta Inn & Suites on East Superstition Springs Boulevard.
Officers went to the fifth floor, took positions outside room No. 502, and called for the occupants to leave the room, the news release said.
A woman and a man, later identified as Shaver, came out and were ordered to get on the floor in the hallway. They complied, and the woman was instructed 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.
“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.
Brailsford’s initial court appearance is set for March 15.
In a statement on his website, Marc J. Victor, a Chandler, Ariz., attorney representing Shaver’s wife, Laney Sweet, and two daughters, said: “Today’s announcement of second degree murder charges against Mesa Police Officer Brailsford is the first step towards justice for Daniel and his family. We commend Maricopa County Attorney Bill Montgomery for his decision to bring these criminal charges, and we fully expect justice will be served.”