Family of Texas man killed in Mesa Police shooting at odds with state over treatment of defendant

The family of a Texas father who was fatally shot by a Mesa police officer in January is demanding a federal investigation into what they are calling an "outrageous police cover-up" by the Mesa Police Department and county prosecutors as they await the release of vital information related to the man's death.

Maricopa County Attorney Bill Montgomery dismissed the concerns and said his office is treating the murder case like any other.

Philip "Mitch" Brailsford is accused of using unnecessary force against 26-year-old Daniel Shaver of Texas, who was visiting the Valley for business.

Brailsford shot at an unarmed Shaver five times with an AR-15 at a La Quinta Inn and Suites in Mesa after responding to a call about a man seen with a gun through the hotel's fifth-story window.

Court documents indicate Shaver may have been intoxicated and didn't understand police demands to get on his knees before he was killed. The incident was recorded on body-camera equipment Brailsford was wearing.

Brailsford, a 2 1/2-year veteran on the force, was charged with second-degree murder earlier this month and was dismissed from the Mesa Police Department on March 21 following a review by Police Chief John Meza. His dismissal, effective immediately, was announced Monday.

Attorneys: Release body-cam footage

Geragos & Geragos, a Los Angeles-based law firm, is representing Shaver's family and widow Laney Sweet in an effort to demand transparency from police and the Maricopa County Attorney's Office in the case.

They said Brailsford's firing was not a coincidence but a calculated announcement that came at the heels of a secret plea deal made by prosecutors to Brailsford last week.

"We are informed that this deal was for no jail time," the law firm said in a statement. "This sweetheart offer was made without consulting Ms. Sweet and her family and over her vehement protests."

Sweet and her family said last week that Brailsford was receiving an unfair advantage for someone charged with second-degree murder. She said it was unacceptable that he was not being "held to the same regard that the public would have been."

The law firm also takes issue with refusals by the Maricopa County Attorney's Office and Mesa police to release body-cam footage to the family. Sweet has not watched the footage but said she has spoken to people who have, and her attorneys speculate that prosecutors are afraid of a public outcry if it is released.

"We will leave no stone unturned, and spare no expense, to seek justice for Daniel Shaver," said attorney Mark Geragos. "We are demanding the federal Department of Justice immediately intervene and initiate an investigation into the murder of Daniel Shaver and into the Mesa Police Department."

Sweet was formerly represented by Valley attorney Marc Victor in a $35 million wrongful-death lawsuit against the city of Mesa. Geragos will now represent Sweet in all matters, she said.

County Attorney: Consistent standards with public, police

During a March 23 press conference, Montgomery dismissed the claim that Brailsford is receiving preferential treatment as an "ignorant conclusion."

Montgomery said a 2 1/2-hour long meeting was held before the initial court appearance last week that delved into the entire scope of the case with communication to the victims' representatives.

The option of a resolving the case before it reaches trial was discussed, he said.

"Short of capital cases where there really isn't anything to negotiate over, we almost always will seek a resolution short of trial with the defense in order to receive a just result," Montgomery said. "We filed a charge of second-degree murder. Seeking to resolve the case in as just a manner as we can is what we do in virtually every case we handle."

Montgomery said he does not fault the victim's family for what they feel as emotions run high and the pain is raw.

"The best we can try to do is to achieve a measure of justice that's going to be imperfect," Montgomery said. "This is a human system and perfect justice would be restoring and returning their lost loved one. And we can't do that."

Regardless of what uniform someone wears, they will be held accountable when they break the law, Montgomery said.

Mesa police union stands by Brailsford

Brailsford's criminal defense attorney, Craig Mehrens, said Tuesday that his client's dismissal wasn't unexpected "with the way everything is proceeding."

The Mesa Police Association said in a written statement Monday night that it was disappointed by the decision to fire Brailsford. They argued it has allowed the case to be "tried in the court of public opinion before being heard in the court of law" and denied Brailsford due process.

Maricopa County Attorney Bill Montgomery said March 9 that the unreleased video footage demonstrated force that was "not justified" on Brailsford's part. Montgomery's office has not released the footage from the scene.

"I wholly agree with their decision to not release the video," Mehrens said. 'It is in no one's interest."

The association stated that probable cause has not been established and that firing Brailsford prior to a preliminary hearing has adversely affected his chances at receiving a fair trial.

Mehrens said he would not comment on any allegation of a plea agreement for his client.

"I'm preparing for a preliminary hearing, not a plea agreement," he said.

Brailsford is scheduled for another court appearance May 16.