XPost: alt.politics.guns, alt.politics.republican, alt.law-enfor   
   ement.lethal-force   
   XPost: alt.fan.rush-limbaugh   
   From: cop.nuttery@thanks.obama.com   
      
   The murder trial for a former Mesa police officer is expected to   
   be pushed back months from its originally scheduled February   
   date, based on a hearing Friday at Maricopa County Superior   
   Court.   
      
   Philip "Mitch" Brailsford, 26, is charged in the shooting death   
   of Daniel Shaver, 26, a Texas man killed Jan. 18 at a Mesa La   
   Quinta Inn & Suites.   
      
   Friday's conference drew all sides to Judge George Foster's   
   courtroom, where a previous motion by the defense for a new   
   probable-cause hearing was argued in October. That motion,   
   seeking to overturn a decision by Maricopa County Superior Court   
   Judge Sam Myers to send the case to trial, was denied by Foster   
   in late November.   
      
   Present for Friday's hearing were Brailsford; his attorney, Mike   
   Piccarreta; and prosecutor Susie Charbel. In the gallery,   
   Shaver's widow, Laney Sweet, was joined by her mother and her   
   attorneys, William Richards and Mark Geragos, in addition to   
   Sven Budge, the attorney for Shaver's parents.   
      
   Sweet's two young daughters sat in the hallway with an attendant   
   and colored with crayons on index cards.   
      
   A February trial became unrealistic after the defense's   
   challenge on probable cause to send the case to trial, and after   
   appeals rose to the Arizona Supreme Court over the release of   
   controversially redacted footage that Brailsford's body camera   
   captured of Shaver's death.   
      
   Foster, in a nine-page ruling, stated Myers used his discretion   
   in the amount of evidence presented and that additional witness   
   testimony would have been redundant. “The state produced   
   evidence of a shooting and a resulting death caused by the   
   defendant. The state produced evidence suggesting that under the   
   circumstances the shooting was not justified,” the ruling stated.   
      
   Sweet's attorneys filed a petition with the Arizona Supreme   
   Court to release the long-contested footage of the fatal   
   shooting. A previous, similar request to the Arizona Court of   
   Appeals asking for "unobstructed and unconditional access" to   
   the video was denied in September.   
      
   It is anticipated that a new three-week trial window will be set   
   for several months later at the next scheduled pretrial   
   conference, now set for Feb. 10.   
      
   Almost a year ago, police were called to the La Quinta on a   
   report about a man waving a weapon from his hotel window, and   
   officers soon approached Shaver's room on the fifth floor.   
      
   Police reports state an unarmed Shaver was on his knees, begging   
   police, "Please don't shoot me," seconds before Brailsford   
   opened fire, striking Shaver five times after he made a movement   
   with his hands near his waistband.   
      
   Brailsford was charged with second-degree murder and was soon   
   fired from the police department.   
      
   http://www.azcentral.com/story/news/local/mesa/2016/12/02/trial-   
   murder-case-former-mesa-officer-philip-mitch-brailsford/94831522/   
        
      
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    * Origin: you cannot sedate... all the things you hate (1:229/2)