- Associated Press - Monday, May 16, 2016

PHOENIX (AP) - The Latest on a preliminary hearing Monday for an Arizona police officer charged with murder in the fatal shooting of a man at a Mesa hotel (all times local):

4:35 p.m.

A judge has ruled that prosecutors have presented enough evidence to move forward with a murder charge against an Arizona police officer in the shooting death of an unarmed man.

Superior Court Judge Sam Myers ruled Monday that prosecutors established probable cause to believe that Officer Philip Brailsford had committed murder in the Jan. 18 death of Daniel Shaver.

Shaver was killed outside his Mesa hotel after police were called there on a report that someone was pointing a gun out a window.

Brailsford maintains he opened fire out of fear that Shaver was reaching for a gun.

His attorney says the judge’s decision could later be reversed based on the comments of a defense witness who will resume his testimony Tuesday.

2:55 p.m.

A lawyer for an Arizona police officer charged with murder in the shooting death of an unarmed man underscored that the victim had lied to police about being intoxicated.

Attorney Craig Mehrens also said at a court hearing Monday for Officer Philip Brailsford that the Jan. 18 shooting occurred as officers faced a high-risk situation in responding to a report of a man pointing a rifle out a window at a Mesa hotel.

The 25-year-old is undergoing a hearing to determine if he should be held over for trial on a murder charge in the death of Daniel Shaver of Granbury, Texas.

Brailsford has pleaded not guilty.

He has since been fired.

Brailsford maintains he opened fire out of fear that Shaver was reaching for a gun as Shaver was laying on the ground.

12:30 p.m.

An investigator in a fatal police shooting of an unarmed man in Arizona says the victim wasn’t yelling or voicing threats as he was being detained by officers.

Detective Paul Sipe says Daniel Shaver of Granbury, Texas, cried as he pleaded with them not to kill him.

Sipe is the first witness to testify at a hearing Monday to determine if Officer Philip Brailsford should be bound over for trial on a second-degree murder charge in the Jan. 18 shooting death outside a Mesa hotel.

Officers were responding to a report of a man pointing a rifle out a window.

Brailsford has pleaded not guilty.

He previously told investigators that he opened fire out of fear that Shaver was reaching for a gun as Shaver was laying on the ground.


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