Begging not to be killed as he was forced to crawl towards cops in a hotel hallway was sued this week.
Philip “Mitch” Brailsford, who was fired from the Mesa Police Department after killing Daniel Shaver last year, is still awaiting trial for second-degree murder.
The lawsuit was filed by his parents, Norma and Grady Shaver, on Tuesday. Also mentioned in the lawsuit is Brailsford’s commanding officer, Sergeant Charles Langley, and the city of Mesa, according to the Arizona Republic.
His wife, Laney Sweet, has filed a $35 notice of claim against the city of Mesa, which is an intent to sue, but she has not yet filed the lawsuit. Brailsford is expected to go to trial towards the end of the year.
Body cam footage of the shooting has been partially released, meaning the actual shooting was not included in the video released.
The incident took place in January 18, 2016 as Shaver was inside a fifth-floor hotel room with a couple of acquaintances showing them a pellet gun he used in his pest control business.
At one point, one of the men in the room pointed the pellet gun out the window, which led to people downstairs calling police, who arrived with guns drawn, ordering people out of the room.
Shaver, who was barefoot and wearing shorts and a t-shirt, was ordered to come crawling towards the officers, who all had their guns trained on him.
“Please don’t shoot me,” Shaver said according to a witness, who was also ordered to crawl towards police.
But Mesa Police Sergeant Charles Langley never gave him that assurance.
“There is a very severe possibility that if you make another mistake you are going to get shot,” Langley said according to prosecutor Susie Charbel as she read the transcript of the body cam footage in court.
Shaver then tried to ask a question.
“Shut up. I’m not here to be tactful and diplomatic with you. You listen, you obey.”
But as he kept crawling towards the officers, his shorts kept slipping off, which is what made Brailsford fear for his life and open fire.
The son of an internal affairs cop, who shot and killed Shaver with an AR-15 with the words, “You’re Fucked,” inscribed on it, described it as a “terrifying” experience, watching Shaver crawling towards him, tugging his shorts.