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We are officially living in a police state (Shaver case update)

SDG

By SDG
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SDG

SDG 3319

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Posted (edited)

This is why our policing continues to deteriorate..... he gets $30k a year for life because he got PTSD from a situation he caused. 

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Police officer who lost his job after shooting an unarmed man is ‘rehired to collect lifetime pension’

A police officer who was charged with murder for shooting an unarmed man in a hotel hallway was reportedly rehired temporarily so he could collect a pension, local media reports.

Philip Brailsford, who killed Daniel Shaver at La Quinta hotel in Arizona in 2016, reportedly came to the agreement last year with the Mesa city manager's office.

This allowed him to apply for a disability pension on the basis of a medical retirement in a reversal of his firing by the department after the shooting.

He will receive a lifetime pension of around $30,000 per year.

The agreement was first reported by local news outlets in Arizona, which obtained the settlement agreement that the city reached with Mr Brailsford last August.

Mr Shaver's shooting captured media attention across the US when it happened in 2016, and again after Mr Brailsford's trial when his body camera video was released.

Police were called to the hotel in January 2016 following a complaint about a man with a rifle in one of the rooms. Mr Shaver, 26, had been showing a legal pellet gun that he used in his job in pest control, to a woman in the room with him.

Body camera footage begins with the confrontation between Mr Brailsford, other officers, and Mr Shaver and the woman. Mr Shaver complies with a series of confusing commands from the responding officers, putting his hands up and lying down on the ground.

They threaten to kill him multiple times for not complying with their orders.

"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," one officer says.

"Please do not shoot me," Mr Shaver says at one point, his hands in the air. But Mr Brailsford opened fire after Mr Shaver appeared to reach behind himself while crawling towards the officers. He was struck five times.

Mr Brailsford, who was carrying an AR-15 rifle with the phrase "You're F****d" etched into the weapon, according to a police report, was charged with murder for the shooting and fired from his job soon after.

He testified in court that he believed Mr Shaver was reaching for a gun and would have done the same thing again.

He was acquitted in November 2017 after a six-week trial on both second-degree murder and reckless manslaughter charges.

The settlement notes that Mr Brailsford has been treated for post-traumatic stress disorder. Michael Piccarreta, his lawyer, told ABC 15 his PTSD stemmed from the shooting incident and criminal prosecution.

Mesa City manager Chris Brady told ABC 15 that Mr Brailsford's PTSD claim dates to before his trial.

"So in fairness he was given the opportunity to make that appeal to the board," he said.

The shooting prompted a multimillion-dollar lawsuit filed by Mr Shaver's family, which is still pending.

https://news.yahoo.com/police-officer-lost-job-shooting-120824546.html

 

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wood

wood 11225

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Fuck me.

What was it that this guy was supposed to have done that justified being given that treatment, even before the shooting?

Here's the body cam footage if you dare watch it. The result of the shooting at the end is pixelated, but it's pretty fucking intense.

 

 

 

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wood

wood 11225

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Dude reminds me of that sawed-off little pos fuck playing overtime cop at the Salt Lick parking lot years ago ... tried to bait me into a fight (which, of course, would have resulted in my arrest, or worse).

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Cajun

Cajun 11705

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1 hour ago, Anastasis said:

fuck that piece of shit motherfucker. 

Fuck almost all of them.  They’re all sitting around right now silently celebrating this result, with few exceptions.

Tax funded organized crime, plain & simple.

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Neonmoon

Neonmoon 38129

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That is the most fucked up video I’ve ever seen. The cop murdered an unarmed man because of his little dick syndrome. He was displaying behavior that would have only been appropriate while arresting the Joker. Did this person just mass murder 50 people? Did he have a known history of killing cops? 

Wow 

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tx 3 putt

tx 3 putt 76869

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According to Brailsford's agreement with the city, he will also receive a "neutral reference" if a future employer calls. Through its insurance provider, Mesa will also spend up to $3 million for Brailsford to defend himself and pay settlements in lawsuits related to the Shaver shooting.

 

According to the PSPRS, Brailsford currently receives $2,569 a month, which is nearly $31,000 a year. If he lives to the average life expectancy, 78 years old, he could get 50 years of pension payments. PSPRS has a maximum annual 2 percent cost of living increase. With the yearly maximum COLA, Brailsford could receive more than $2.5 million in pension money in his lifetime.

 

 

100% he'll be a cop again, and very soon is my guess 

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TwiceHorn

TwiceHorn 31438

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4 minutes ago, tx 3 putt said:

According to Brailsford's agreement with the city, he will also receive a "neutral reference" if a future employer calls. Through its insurance provider, Mesa will also spend up to $3 million for Brailsford to defend himself and pay settlements in lawsuits related to the Shaver shooting.

 

According to the PSPRS, Brailsford currently receives $2,569 a month, which is nearly $31,000 a year. If he lives to the average life expectancy, 78 years old, he could get 50 years of pension payments. PSPRS has a maximum annual 2 percent cost of living increase. With the yearly maximum COLA, Brailsford could receive more than $2.5 million in pension money in his lifetime.

 

 

100% he'll be a cop again, and very soon is my guess 

I wonder if the bolded means that's Mesa's deductible or coverage limit?

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SDG

SDG 3319

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Posted (edited)
7 minutes ago, Cajun said:

Nauseating. 

Hero

Well he made it home to his family that night (I believe he was single at the time), meanwhile Danial leaves behind a wife and a couple kids who get to grow up without a father...

 

edit to add that if a “future employer” cant figure out how to google when they get a “neutral” indicator, we are properly fucked.   

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Helobious

Helobious 9450

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Posted

I’m anti-death penalty, but that video makes me think twice about it. What a worthless POS that cop is. He went to the hotel hell-bent on killing someone. He created an extremely stressful & confusing situation in hopes that the guy or girl would fuck up. 

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futureman

futureman 22444

Posted
Posted
2 hours ago, Neonmoon said:

That is the most fucked up video I’ve ever seen. 

yeah, that one is special.  truly unbelievable what happened there. usually people get shot for acting funny.  that guy was terrified and compliant and begging for his life.  unreal. 

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Guest Lobo

Guest Lobo

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1 hour ago, futureman said:

Brailsford.jpg

Well I’ll be dammed, Watson and Crick were correct—-the Trisomy 21 gene is thin, blue, and shaped like a line.  

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Guest Lobo

Guest Lobo

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As dumb as this guy is, at least he knows how to work a body-cam...more than I can say for 3/4ths of the police officers in this country.

He had to do what he did to make it home to his family at the end of the day. 

725,000 sworn police officers in this country.  144 died in the line of duty.  Obviously that's 144 too many, they all deserve to make it home.  But that's .0002% mortality rate, far less than nearly every other occupation in this country.  A .0002% mortality rate doesn't justify how many innocent people they murder every single fucking year with no recourse whatsoever.  

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Guest Lobo

Guest Lobo

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You're right.  I guess I was trying to give him one benefit of the doubt before God condemns him to hell.  

I'm guessing the Mesa La Quinta Inn has a tacit policy of no guests darker than Edgar Winter, so he probably kept it on thinking, "What's the worst that could happen up there?"  

1,200 Americans have to die every single year in this country.  Because poor decision makers are given automatic weapons to deescalate situations.  

I still maintain most police are good people with a tough job.  The problem they need to help the rest of us address is the bad eggs among them keep getting bigger guns, broken bodycams, and pay increases.  

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RPM

RPM 26316

Posted
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7 hours ago, TwiceHorn said:

I wonder if the bolded means that's Mesa's deductible or coverage limit?

I read it as coverage limit. I also think any award over that would be on the murderer and come out of his pension (I hope). 100% chance he's hired somewhere. Cops hate unions and lawyers right up to the point their ass is in a sling.

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Onboard 2.0

Onboard 2.0 9083

Posted
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12 hours ago, Nivek said:

Lobo, you have that backwards. The other cops were smart enough to know they were crooked and create a myth of camera failures. This cunt couldn’t even figure that out.

Scarier than that would be he actually thought he was in the right in his snuff film footage.

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TwiceHorn

TwiceHorn 31438

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36 minutes ago, Nivek said:

I am guessing the prosecutor decided to leave out a ton of evidence to get the verdict they wanted so they could maintain a cozy relationship with the PD.    

Being Arizona it's conceivable that they got a bunch of blue hairs on the jury that clutched their pearls or something. But he was white, wasn't acting up, and presumably didn't have a lengthy criminal history. 

But yeah you gotta figure the prosecution sandbagged it somehow. 

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Helobious

Helobious 9450

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Posted (edited)
10 minutes ago, SDG said:

White on white doesn’t have anything to do with racism.  

The officer getting acquitted has a lot to do with the public seemingly being fine with giving police free reign to do whatever they want (authoritarian). The vicious backlash & public support the police union had against the new police chief’s attempts to reform a fucked up culture says a lot as well. So yes, I stand by my shithole vote.

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Guest Lobo

Guest Lobo

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Smoking or non-smoking room, sir?  

Non-Smoking please. 

Any other requests, sir?

Away from the elevator.  Non-shooting floor please.  

Some lawyer explain to me the true meaning of case precedent.  I mean there's tomes on levels of acceptable police violence.  I get that, but at what point does somebody point to this dipshit's case for their own defense and say, "Well, in Mesa...a guy with his legs crossed behind him, his hands on the ground, pleading for his life with no visible weapons...he was considered to be a clear and immediate threat to the life of not one, but two police officers.  In our case, ladies and gentlemen of the jury, the officer shot a man who was standing straight up and had a criminal background.  A much more blatant case of clear and immediate threat."  I mean can people point to other rulings where a much lower degree of threat was met with lethal and terminal force to justify their own actions in situations where a reasonable person could kinda look at the video and say, "Yeah, he was running towards you or looked like he had a knife."  ???

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Brisketexan

Brisketexan 105061

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Smoking or non-smoking room, sir?  
Non-Smoking please. 
Any other requests, sir?
Away from the elevator.  Non-shooting floor please.  
Some lawyer explain to me the true meaning of case precedent.  I mean there's tomes on levels of acceptable police violence.  I get that, but at what point does somebody point to this dipshit's case for their own defense and say, "Well, in Mesa...a guy with his legs crossed behind him, his hands on the ground, pleading for his life with no visible weapons...he was considered to be a clear and immediate threat to the life of not one, but two police officers.  In our case, ladies and gentlemen of the jury, the officer shot a man who was standing straight up and had a criminal background.  A much more blatant case of clear and immediate threat."  I mean can people point to other rulings where a much lower degree of threat was met with lethal and terminal force to justify their own actions in situations where a reasonable person could kinda look at the video and say, "Yeah, he was running towards you or looked like he had a knife."  ???

Here’s my take: no citizen should EVER lose a self-defense case. “Look at this example: a trained police officer, the best of the best, one of America’s heroes, was found to be legitimately in fear for his safety when [a dude was laying on the ground, a guy was running away from him, a guy was having a stroke, etc]. In OUR case, the person was actually standing upright. Clearly an even greater threat, and terrifying to someone who doesn’t have years of police training and experience.”

Seriously. There’s effectively nothing that doesn’t create a “legitimate fear for your life” among cops. Ergo, killing someone in self defense is always justified. Always.
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SpiralOut

SpiralOut 1813

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Yeah, this case stuck in my memory.  The guy shouting all the fucked up, contradictory, SImon Sez or you're dead commands isn't the POS that shot the guy.  He was the commander who promptly retired after this incident so his ass didn't get fired/prosecuted as well. 

Hard to see this as anything but that cunt cop finally finding himself in a situation where he could legally murder someone.  Tatted up.  Tacticool bullshit on his weapon.  Dead as fuck eyes/stare.  His idiot commander who had no clue how to handle the situation set him up perfectly.  Kept telling this poor asshole 100 different things and letting him know that any slight deviation would get him shot.  He naturally, since he was intoxicated and under a huge amount of stress, slightly deviated when his shorts started falling down and Brailsford had his chance.  Light the dude up, say you feared for your life and were just following orders, and get paid for the rest of your life.  Mission fucking accomplished. 

All over a pellet gun the poor guy used in his job as a rodent exterminator.  How bout instead of paying this sociopath cop we take all that money and give it to the wife and kid of the dead guy who have to live the rest of their lives without him.

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HRSchenker

HRSchenker 2268

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Watching that video is tough. I remember Daniel posting a ton of stuff in a Facebook group both of us were in. All of a sudden he stopped posting and his wife told us what happened. Crazy to see how big the story got and how he died. One thing that comes to mind when watching the video: wouldn't he have been better off ignoring the police commands? Instead of doing this simon says stuff just lay on the ground with legs crossed and hands on head? 

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TwiceHorn

TwiceHorn 31438

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Well, this won't actually create a case precedent.  Firstly, it's an acquittal, so it can't be appealed, so no appellate court opinion will issue.  Second, it's a jury verdict, so there's not even a trial court opinion to cite as precedent.  You can't argue one jury's verdict to another jury, even in the same state/jurisdiction.

Even when a case can be appealed (guilty verdict or civil case), a jury's decision is almost never reversed and a opinion generated.  The written instructions to the jury can be, for misstatements of law.  Various procedural decisions by the judge can be reviewed. But the jury's application of the jury instructions to the facts they find, almost never, unless the jury really went against the evidence (which they might have here, but acquittal, so no).

No one is ever going to successfully argue the case of Phillip "Mitch" Brailsford in defense of another cop.

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