UPDATED | March 4, 2016 9:30 PM

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MESA, AZ (CBS11) – Mesa Police Officer Philip Brailsford faces a second degree murder charge in the shooting death of a Granbury father traveling for work.

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The District Attorney’s Office believes Brailsford wrongly shot and killed Daniel Shaver, 27, on January 18 at a La Quinta Inn and Suites.

“The use of deadly physical force by law enforcement is governed by Arizona law and is always a tragedy when the loss of life results. After carefully reviewing the relevant facts and circumstances, we have determined that the use of deadly physical force was not justified in this instance,” said Maricopa County Bill Montgomery.

“Accordingly, the Maricopa County Attorney’s Office has filed one count of second degree murder, a class 1 felony and dangerous offense, against Philip Mitchell Brailsford. This office will prosecute this case with the same degree of professionalism as we do any other, recognizing the due process rights of the defendant, the rights of the victim and the victim’s family in pursuit of a just result for all.”

The Maricopa County Attorney’s office says officers ordered Shaver and a woman out of that hotel room, instructing them to crawl toward officers. While on his hands and knees, authorities say, “Shaver made a motion with his right hand toward his waistline.”

That’s when Officer Brailsford his weapon five times, striking shaver throughout his body, killing him.

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“It’s been released that [Shaver] was unarmed, so it makes sense to me that a second degree charge, which is an intentional killing is what [Maricopa County Attorney] Bill Montgomery decided to bring,” said Marc J. Victor, the Shaver family attorney.  “I think it’s significant that Bill decided not to submit this to the Grand Jury and let them decide but rather to fill out a direct complaint himself to make a statement that it was his decision to bring this charge,” Victor added.

Police said no weapons were recovered from Shaver’s body. They did recover two pellet rifles from his hotel room.

Shaver’s widow told CBS11 in January, she believed her husband was probably showing off his pellet gun when police got to the hotel.

She says he carried pellet rifles for his job in pest control.

“We filed a notice of claim demanding $35 million and we haven’t heard anything back from the city,” said Victor. “Once the time period runs we will be filing a civil lawsuit, and that case will proceed independent of the criminal case.”

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