Widow of Texas man shot by Mesa officer asks court to release body-camera video
Apr 15, 2016, 2:34 PM
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PHOENIX — The widow of an unarmed Texas man fatally shot by a Mesa police officer has asked a judge to force prosecutors to release the body-camera video of her husband’s death.
Attorneys for Laney Sweet are asking a judge in a criminal case against Mesa Officer Philip Brailsford to force prosecutors to give her body-camera video of the officer shooting her husband, Daniel Shaver.
Sweet is accusing Maricopa County Attorney Bill Montgomery of violating her rights as a victim by refusing to let her see the video. She originally filed a motion to unseal the video in March.
“She has not asked to be spared the trauma (though it certainly will be traumatic) of watching her husband’s killing and its aftermath,” wrote William A. Richards, one of her attorneys.
Sweet claimed the officer is receiving preferential treatment from prosecutors.
Several news organizations, including The Associated Press, Arizona Republic and 12 News, have also petitioned for the court to release the video.
Montgomery has argued there is no benefit to airing the tape and a judge barred its release, stating it could harm the trial if posted publicly.
The prosecutor belittled reporters for seeking the video and said the footage needs to be withheld because media outlets wanted to use the footage to portray the Mesa Police Department as evil.
She posted a YouTube video in March, which included an audio recording between her and two men who she identified as Montgomery and her former attorney.
In the recording, the man identified as Montgomery told Sweet she could watch the video as long as she did not speak out about it.
Police said Brailsford allegedly shot Shaver after responding to a call of a man pointing a rifle outside of a hotel room window. When confronted by officers, Shaver reportedly made a move toward his waistband.
Brailsford then allegedly opened fire, hitting Shaver five times and killing him.
Authorities released an extensive account of the shooting last month that included police reports, 911 calls and other records, but kept the video sealed.
According to the police report, Shaver pleaded for his life before the shooting, saying “please don’t shoot me,” sobbing and appearing panicked.
No weapons were recovered from Shaver’s body, but officers found two pellet rifles in the hotel room, which they later determined were related to his pest control job, police said.
Prosecutors said in March they were considering a plea deal for Brailsford before the case heads to trial.
It’s rare for the survivors of a fatal shooting to publicly accuse prosecutors of violating their rights as victims, which are enshrined in the Arizona Constitution.
Montgomery’s office declined to comment on Sweet’s filing.
The Associated Press contributed to this report.