2016: Daniel Shaver, police impunity victim

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America’s crisis of police violence has produced innumerable horrific snuff films. One of the worst is the January 18, 2016 bodycam footage of Mesa, Arizona cop Philip Brailsford executing Daniel Shaver in the hallway of a La Quinta Inn.

In this nauseating five-minute video we see — classic horror film technique — right down the gunbarrel as Sgt. Charles Langley screams at Shaver and a companion, Monique Portillo. Langley and his partner, Brailsford, are responding to a report of a gun: it’s Shaver’s air rifle, which he uses in the pest control work that has brought him to Mesa on business.

After making both parties surrender themselves, Langley and Brailsford disdain such obvious techniques as “move in and frisk them,” instead choosing to subject their prey to a bizarre impromptu game of Simon Says, repeatedly threatening — one might almost say, relishing the anticipation of — the summary death that they’ll soon deliver.

They’re armed not only with AR-15s and an excess of machismo but with the legal doctrine of “Qualified Immunity”, which protects state officials (including but not only law enforcement) from personal liability when they undertake official acts. Such immunity is supposedly contingent on the act falling somewhere within hailing distance of reasonable. In practice, courts always find that qualified immunity applies in excessive-force situations, especially under the infinitely elastic standard of “officer safety” that permits the most specious and absurd claim of police fear to excuse any degree of force in response: “qualified” immunity is really more like “an absolute shield.”

Brailsford and Langley have been trained on this doctrine, just as they’ve been trained for the kind of situation they’re in. Not so Shaver: the traveling exterminator is going to get one chance, and it’s somehow Shaver’s responsibility to manage the situation to the satisfaction of his prospective murderers. (Shaver is also somewhat drunk here.)

When the terrified man is ordered to push himself from a prone position up to his knees, his legs come uncrossed, violating the previous arbitrary instruction that Langley has given him and causing the armed yahoos to straight-up lose their shit.

A panicking Shaver attempts to placate them by putting his hands behind his back — submissively, he thinks, but of course the voices behind the gunsights here pretend to think he might be going for a weapon and again threaten him with execution. “You do that again, we’re shooting you!” Langley barks. (God, please do it again.) Now sobbing and pleading for his life with two guys who don’t like him and can freely merc him, Shaver attempts to comply with their gratuitously humiliating demand that he crawl towards them, when he’s suddenly wasted by Brailsford. The apparent “provocation” is Shaver’s reaching at his pants to prevent them coming down as he scuffles his knees over the cheap hotel carpet. Officer safety! What if he’d had a gun taped in there like Bruce Willis in Die Hard?

A jury that viewed this very video acquitted Brailsford of second-degree murder (and of the lesser included charge of manslaughter), so now it’s legal precedent that cops can just do this to you. His department quietly re-hired him so that it could pension him off at $2,500 per month for life.

Recommended: on Scott Horton’s radio show, former policeman Raeford Davis discusses the scene and the changes needed in law enforcement to make it a thing of the past.

On this day..

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