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 of a former Mesa police officer who killed a   
   Texas man in an on-duty shooting last year has been set for Oct.   
   23.   
      
   Police say Philip "Mitch" Brailsford, 26, shot Daniel Shaver   
   five times with an AR-15 as Shaver was on his knees outside his   
   hotel room and begging police, “Please don’t shoot me.”   
   According to a Mesa police report, Shaver had made a movement   
   with his hands near his waistband.   
      
   Police had gone to a Mesa La Quinta Inn & Suites on Jan. 18,   
   2016, after receiving a call about a man waving a weapon outside   
   a hotel window. Brailsford was charged with second-degree murder   
   and subsequently fired from the Police Department.   
      
   Judge George Foster rescheduled the trial, which had originally   
   been slated for this month, during a hearing Friday in Maricopa   
   County Superior Court.   
      
   A February trial became unrealistic after the defense's   
   unsuccessful motion challenging the state's 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.   
      
   Both the prosecution and defense have interviewed 34 witnesses,   
   but key witness Monique Portillo has not cooperated with   
   requests, according to a joint-management report filed this   
   month. Prosecutor Susie Charbel reiterated Portillo's refusal to   
   be deposed in Friday's hearing.   
      
   Portillo, who told police that Shaver had invited her and a co-   
   worker to his hotel room for drinks, exited the hotel room with   
   Shaver when commanded by police to enter the hallway. She   
   complied with police commands and was placed into custody   
   without incident as Brailsford fired the five shots at Shaver.   
      
   "Ms. Portillo is a percipient witness to events that occurred   
   before, during, and after the shooting of Mr. Shaver. Ms.   
   Portillo is obviously a very important witness and her refusal   
   to submit to a personal interview has inhibited the ability of   
   the parties to fully investigate the circumstances of the   
   incident," a motion by Mike Piccareta, Brailsford's attorney,   
   stated.   
      
   Body-camera footage in the wake of the shooting shows Portillo   
   being escorted from the hotel where she talks to a police   
   officer about what occurred.   
      
   “I’m just shocked. This is my first time away from home, ever,”   
   an emotional Portillo said in the video.   
      
   “(Police) told me to crawl on my knees with my hands up towards   
   them. Then they shot him … I don’t know why. I was just trying   
   to pay attention to what I had to do. I didn’t want to get shot.”   
      
   During some discussion between the attorneys and Foster, they   
   decided to move forward with obtaining a subpoena to compel   
   Portillo to cooperate.   
      
   Also Friday, an outburst from Shaver's widow, Laney Sweet,   
   prompted her attorney to apologize to the court.   
      
   Sweet yelled out from the gallery that Brailsford was an "ex-   
   officer" when one of the attorney's referred to him as "Officer   
   Brailsford."   
      
   "I think it's important that he knows that he is a former police   
   officer," Sweet said later. "When you're an officer, you're   
   entitled to privilege and he lost that privilege when he   
   murdered my husband."   
      
   Brailsford's next court appearance is set for April 14.   
      
   http://www.azcentral.com/story/news/local/mesa/2017/02/10/new-   
   trial-date-set-daniel-shaver-murder-case-philp-mitch-   
   brailsford/92427438/   
       
      
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