Citizen Report No. 1675885900 - 182077892

This Case Involves:

Abuse of Authority

By fatal officer involved shooting

Deprivation of Rights

By fatal officer involved shooting

Lethal Force

By fatal officer involved shooting

Criminal Charges

Second-degree Murder or Reckless Manslaughter

---

Summary of the Incident

On January 18 at about 9 p.m Mesa Police officers were called to the the La Quinta Inn in response to a report that a man was pointing a gun out of a window. (1)

Brailsford was one of six officers called to the hotel. (3)

He and the other officers took up positions around the fifth-floor room occupied by Daniel Shaver, 26, a pest-control technician from Nashville, Tennessee.(4)

As the jury learned, Shaver had invited a man and woman up to his room for drinks before police got there, and was showing them an air rifle he sometimes used to kill birds. The other man eventually left, leaving just Shaver and the woman in the room.(5)

One of the officers called loudly down a hallway for the "female to step out," warning that he might send in a dog. (6)

Brailsford and other officers had instructed Shaver to crawl toward them with his hands in the air, according to police reports. They said he reached behind his back he would be shot. Brailsford said he opened fire after Shaver reached toward his waistline, possibly to pull up his shorts, according to police reports. 

Brailsford fired his AR-15 five times, killing Shaver instantly. Brailsford told investigators he had felt threatened by the man. He testified during trial proceedings last month that he was just doing what he was trained to do. 

Two pellet guns were later found in Shaver’s room, and police said they were related to his pest control job. 

Criminal Charges

March 4, 2016  Maricopa County prosecutors filed a Direct Complaint today charging a Mesa Police Officer with second degree murder for fatally shooting a suspect during an incident that occurred last January at a local hotel. (Charge 1)

Internal Investigations

C. On or around February 25, 2016, an internal investigation of the Incident was initiated in IA2016-046 wherein Brailsford was alleged to have violated Mesa Police Department's Policies. Specifically, 1) DPM 1.4.5.43, Discourtesy, using disrespectful vulgar or obscene language, 2) DPM 1.4.5.50, Willful disobedience of Department rules or orders, 3) DPM 1.4.5.53, Failure to obey City Management Policies or Personnel Rules, 4) DPM 1.4.5.73, Conduct Unbecoming Officer/Employee, and 5) DPM 1.4.5.74, Unsatisfactory Performance. 

D. On or around March 14, 2016, an internal investigation of the Incident was initiated in IA2016-017 wherein Brailsford was alleged to have violated Mesa Police Department's Policies. Specifically, 1) DPM 1.4.5.53, Failure to obey City Management Policies or Personnel Rules, 2) DPM 1.4.5.73, Conduct Unbecoming Officer/Employee, and 3) DPM 1.4.5.76, Arrested for any offense.  

Termination

March 21, 2016 Brailsford was served with Notice of Dismissal terminating his employment from the Mesa Police Department. 

Parents Lawsuit filed

January 2017, the lawsuit was filed in U.S. District Court in Phoenix, a year after the shooting, by attorneys for Daniel Shaver’s widow and parents. 

Spouse Lawsuit Filed

January 2017, the lawsuit was filed in U.S. District Court in Phoenix, a year after the shooting, by attorneys for Daniel Shaver’s widow and parents. 

Criminal Verdict

December 8 2017, Former Mesa, Arizona, police officer Philip Brailsford was found not guilty of murder and manslaughter. 

DOJ Investigation Launched

In March 2018, Mesa police confirmed the U.S. Department of Justice had launched a civil-rights violation investigation of Brailsford. The results of the investigation have not been announced. 

Brailsford reinstated by City with pension

August 2018, Brailsford reached an agreement with Mesa that allowed him to be reinstated to an "unfunded budget position with no pay or duties," according to Wright.  

Mesa Public Safety Personnel Retirement System show Brailsford was reinstated on Aug. 27 [2018] for 42 days.  )

The temporary reinstatement was primarily procedural, as officers need to be employed in order to file for disability.

Commander Ed Wessing, a Mesa police spokesman, clarified that Brailsford "was not in any way fulfilling a capacity as a police officer" during the 42-day period. 

Parents Lawsuit Settled

June 2021, Daniel Shaver's parents settle with Mesa for $1.5 million 

Spouse Lawsuit Settled

November 2022, the City of Mesa has reached an $8 million settlement with Laney Sweet, the widow of Daniel Shaver, and his two children.