Daniel Shaver shooting

[Perplexed]

I can only imagine how ugly things could get if the person being yelled at was deaf. Had it been me, I would have remained prone, arms out, and done NOTHING until cuffed or pulled up. Had they shot me, it would have been while I was prone and not moving. Can they possibly cover that up??

 

[Foghorn]

The officer giving commands is not the shooter. It was a Sgt. On the scene that was giving the horrible instructions.
The only reason I can fathom for having them crawl towards them would the possibility that there were additional suspects still concealed in the room. The instruction to crawl instead of walk backwards caused some if this. The crawling caused his pants to come down which is what he was reaching for. Unfortunately the officer did not realize that and thought he was reaching for a weapon or just decided to kill him depending on your point of view.. Bad tactics, bad results.....

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[Dave70968]

I hope the prosecution appeals this.

(Yes, an acquittal can be appealed--or, more correctly, the judge's decision to disallow evidence can be appealed. If the appellate court finds that the suppression of the evidence was improper, it can order a new trial with the evidence admitted. That doesn't violate the double-jeopardy rule; it's saying "the original trial was defective, so it didn't count.")

If nothing else, I hope the victim's estate sues the living daylights out of every officer present personally, as well as the city and/or PD (however that jurisdiction handles it) officially. Perhaps the DoJ can bring a criminal action against the officer as in the Rodney King case, too (again, no double jeopardy, this time because it would be different charges brought by a different sovereign).

 

[dennishoddy]

I don't understand why the judge would not allow the body cam footage to be presented in evidence?
I read about a lot of acquittals and appeals that overturn convictions because judges didn't allow certain evidence into the trial.
Bias on the judge's part?
Agree I'd sue the hell out of everybody involved including the janitor at the PD on this one.

 

[D. Hargrove]

Eye opening for sure, kinda seems the guy was screwed from jump...
On the flip side, his reaching behind his back in a quick manner sent the signal to the Officer to shoot.
Sucks all the way around.

 

[Frederick]

Eye opening for sure, kinda seems the guy was screwed from jump...
On the flip side, his reaching behind his back in a quick manner sent the signal to the Officer to shoot.
Sucks all the way around.

the guy was intoxicated, sobbing and disorientated by confusing and contradictory commands. It is clear towards the end of the video that he has become completely frustrated, because quite frankly i could hardly follow those instructions myself while sober under these stressful circumstances. It appears in the video that he is trying to pull up his pants. Not a great idea by any means, but not an executable offense.

Instead of calming the situation down, the Sgt yelling the commands created a situation where the death of this young man was inevitable.

I think 2nd degree murder is reasonable for the officer, and Involuntary manslaughter for the Sgt.

It seems it might be a good idea to find a better detainment procedure.

 

[dennishoddy]

I don't see it as a good shoot. The early commands to cross the legs and put the hands out front were enough for an officer to advance and detain. None of that happened.
It appeared the one shouting the instructions was intent on being a total a$$ with instructions that were not necessary nor warranted.
The incident could have easily been resolved with no body being killed.
Sue em.

 

[Foghorn]

I can't find any articles referencing the jury not being allowed to view the video? Can someone provide a link? I did find one that referenced them seeing it but didn't explicitly say they did.
I find it difficult to understand why anyone, defence or prosecution would not want the video played for the jury? It would allow each to put their own spin on things with slow motion, stills ect....

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[C_Hallbert]

Eye opening for sure, kinda seems the guy was screwed from jump...
On the flip side, his reaching behind his back in a quick manner sent the signal to the Officer to shoot.
Sucks all the way around.

CLEET Training back in the 80s emphasized that one of the scenarios where it was appropriate to respond with Deadly Force was: if a subject had the Ability and Demonstrated the Intent to Kill or Inflict Major Bodily Harm to Oneself or Any Other Person. It was emphasized that a weapon had to be visible and that the subject had to move the weapon in a direction that posed an immediate threat. Is this changed?


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[deerwhacker444]

I don't understand why the judge would not allow the body cam footage to be presented in evidence?

Video was supposedly given to the jury..

Bias on the judge's part?

Don't imagine Daddy pulled some stings? Just Blue protecting the Blue...

"Brailsford’s father, also named Philip Brailsford, left the Mesa Police Department in 2015 to join a local law firm. He was a lieutenant and had worked in the department’s Internal Affairs Unit."