PHOENIX — A Mesa, Arizona, police officer facing a second-degree murder charge in relation to the death of a North Texas man faced a judge for the first time on Tuesday morning.
Officer Philip “Mitch” Brailsford was recently charged for the killing of Daniel Shaver on January 19 at a hotel in Mesa.
On Tuesday a judge decided that Brailsford poses little risk for not showing up to his next hearing, so he was granted a pre-trial release.
Shaver and his wife, Laney Sweet, lived in Granbury with their children. She is currently eight months pregnant.
Sweet spoke to News 8 on Monday night from outside the Maricopa County Attorney's Office after meeting personally with County Attorney Bill Montgomery.
"It's been really devastating. We just want answers and to find some type of healing and peace from the situation," she said.
Her attorney, Marc Victor, echoed those thoughts. He was actually shown body camera footage from the incident on Monday afternoon.
“I don’t want to get into specifics,” he said. “But there is a lot I will say when we get the chance.”
Mesa police initially defended their officer and said he felt threatened when he approached Shaver and another woman in a hotel room. Police said that someone had reported seeing a man with a gun at the hotel.
Shaver was shot five times and died.
But in only a few short weeks, the county attorney reviewed the evidence. Earlier this month, his office pushed ahead with a murder charge against Brailsford.
“This office will prosecute this case with the same degree of professionalism as we do any other, recognizing the due process rights of the defendant, the rights of the victim and the victim’s family, in pursuit of a just result for all,” Montgomery said in a news release.
Montgomery’s office said a closer review of the evidence indicated that Shaver and another woman were ordered out of the hotel room into the hallway by law enforcement. They were then ordered to crawl toward officers. Shaver then reached for his waistline with his hand, and was shot.
Sweet said she is in Arizona to try and get justice for Daniel.
“I feel like it’s just the right thing to do,” she said.
Police later found two pellet rifles in Shaver’s room. They were used as part of a pest control business he worked for, according to Victor.
He has already filed a multi-million-dollar lawsuit on behalf of Sweet for her husband’s death.