In the moments before he was shot and killed, Daniel Shaver was trying his best to comply with orders from Mesa police, specifically Sergeant Charles Langley, who was berating and threatening to kill him while barking out a series of confusing orders, according to a chilling transcript from an officer’s body camera released today.
“Occupants of Room 502, this is the Mesa Police. Listen to my instructions or it’s going to become very uncomfortable for you. The female is to step outside of the room,” Langley ordered while Shaver was still inside the room with Monique Portillo, a woman he had met with another man earlier that evening before inviting them both back to his room for drinks.
Mesa police had been called to the hotel after people downstairs reported seeing a man holding a gun through a fifth-floor window, which was just a pellet gun Shaver was showing to his two new friends, one he used for his pest control job.
The man, Luis Nunez, had stepped out to call his wife, however, so it was only Shaver and Portillo inside the room when six Mesa police officers stood in the hallway with their guns drawn, ordering them out.
The transcripts shows that Mesa police officer Philip “Mitch” Brailsford asked another officer for another magazine to keep in his pocket.
Brailsford ended up shooting and killing Shaver with an AR-15 rifle that had the words “You’re Fucked” inscribed on it.
Philip “Mitch” Brailsford the way he looked the night he shot and killed Daniel Shaver.
“Stop. Stop. Get on the ground. Both of you lay down on the ground,” ordered Langley seconds after they both stepped out.
“Fuck,” says Shaver, a 26-year-old man in town from Texas for a pest control job.
“Lay down on the ground,” Langley orders again.
“I did. I did,” Shaver responds.
“Who else is in the room?” Langley asks.
“Nobody,” responds Shaver.
“You’re positive?” Langley asks.
“I’m absolutely positive,” Shaver responds.
While Shaver appears to be understanding and responding to the questions, Langley begins berating him for not following instructions.
“Okay, since apparently we have a failure to comprehend simple instructions, I’m going to go over some of them again, okay,” Langley says.
“Can you both hear and understand me?” Langley asks.
“Yes,” Portilla responds.
“All right, if you make a mistake, another mistake, there’s a severe possibility that you’re both going to get shot. Do you understand that?” Langley says.
“Yes,” says Shaver, who was married with two children.
Daniel Shaver with his two daughters.
“I do,” Portilla says.
“Yes,” Shaver repeats. “What the ….”
“This is … shut up, I’m not here to be tactful and diplomatic with you,” Langley says. “You listen. You obey.”
“For one thing, did I tell you to move, young man? Did I tell you ….” Langley asks.
“No, sir. No, sir. No, sir. No, sir,” Shaver responds.
“Put both of your hands …” Langley orders.
“No, sir. No, sir,” Shaver continues.
“Put both of your hands at the top of your head and interlace your fingers,” Langley orders. “Take your feet and cross your left foot over your right foot.”
Langley again asks if anybody else is in the room an Shaver again reassures him nobody is in the room.
Portillo asks if she can go to her room.
“No, you’re not going to do anything but come towards us,” Langley responds.
“Young man, you are not to move,” Langley says to Shaver. “You are to put your eyes down and look down at the carpet. You are to keep your fingers interlaced behind your head. You are to keep your feet crossed. If you move, we’ re going to consider that a threat and we are going to deal with it and you may not survive it.
“Do you understand me?” Langley asks.
“Yes, sir,” Shaver responds.
“Just let me go,” Portillo says.
“Young lady, just shut up and listen,” Langley responds.
“Okay,” she says.
“All right, you are to keep your feet crossed,” Langley orders, apparently talking to Portilla.
“Take both of your hands, place them flat in front of you. You are to push yourself up to kneeling position. Now put both hands in the air. Okay, crawl towards us.”
“I’m so sorry,” Shaver says, apologizing for something that is not clear in the transcript.
Portilla apparently complies with the orders and she is cuffed and frisked.
Langley then turns his attention to Shaver.
“Okay, young man, listen to my instructions and do not make a mistake,” Langley says.
“You are to keep your legs crossed, do you understand me?” Langley asks.
“Yes, sir,” Shaver responds.
“You are to put both of your hands on down straight out in front of you. Push yourself up to a kneeling position. I said keep your legs crossed.”
“I’m sorry. I just pushed my …” Shaver tries to explain.
“I didn’ t say this was a conversation,” Langley responds. “Put your hands up in the air. Hands up in the air. You do that again and we’re shooting you.”
“No, please do not shoot me,” Shaver pleads.
“Then listen to my instruction,” Langley says.
“Okay, I’m trying to do what you …” Shaver says.
“Don’t talk, listen,” Langley orders.
“Hands straight up in the air. Do not put your hands down for any reason. If you think you’ re going to fall, you’re going to fall on your face. If your hands go back into the small of your back or down, we are going to shoot you.
“Do you understand me?”
“Yes, sir,” Shaver says.
“Crawl towards me,” Langley orders. “Crawl towards me.”
“Yes, sir, please ….” Shaver says.
“Don’t …” Langley orders before Mesa police officer Philip “Mitch” Brailsford opens fire five times, killing Shaver.
The AR-15 Philip “Mitch” Brailsford used to killed Daniel Shaver had the words, “You’re Fucked,” inscribed on the side.
Brailsford later told investigators he found it to be a “terrifying” experience watching Shaver crawl towards him, even though he was standing behind a wall in a door well, which led to second-degree murder charges filed against him.
None of the officers expressed any shock or regret in that Shaver was now dead, mostly being concerned with getting Portillo out of there, then going into Shaver’s room.
But not before turning off the body camera. Footage from the camera was released Tuesday, but the actual shooting was redacted.
UPDATE: 11:40 p.m. EST, May 26, 2016.
The 55 second video below was also just released, showing the moments after Shaver was shot and killed, but not the actual shooting.
Shaver’s wife, Laney Sweet, who has been fighting hard to get all the video released, is left to raise two children on her own, not to mention paying for the legal services to seek justice for her husband, so she has set up a Go Fund Me page here to raise donations.
She has also set up the In Memory of Daniel Shaver memorial Facebook page to post updates as well as the Justice for Daniel Shaver YouTube channel to post video updates.
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