daniel shaver eventually followed those instructions and got on his knees. but when he reached behind his back... brailsford opened fire. after being told twice not to do it very clearly or he would be shot and the individual nonethless does that... if you wait until you see the weapon, it's too late. in court, brailsford's attorney argued the shooting was justified... and they should be allowed to show more evidence of that... hoping to get the case thrown out before trial. i'm feeling very confident with my case. i'm just taking things day by day. this has been a very traumatizing and stressful event in my life. "it can't be as traumatizing for him as it is for me and my children who have to live with the fact everyday that our father and husband has been taken from us." daniel shaver's wife says largely overlooked the fact that her husband was unarmed... and pleaded with officers... not to shoot. not to shoot. friday's court appearance was about whether brailsford should have another preliminary hearing. his attorney claims certain evidence was improperly

having to live the fact everyone day that our father and husband was taken from us >> reporter: daniel shaver's wife says sitting this court was emotional. the defense largely overlooked the fact that her husband was unarmed, and pleaded with officers not to shoot. >> reporter: today 's court appearance was all about whether his attorney claims certain evidence was improperly excluded the first time around. >>> a child's written cry for help leads to a molestation arrest. tempe police say the victim's mother grabbed a piece of paper from the 11-year-old's journal and found a letter describing the incident. officers >>> goodyear police need your help finding this man. detectives say the man who looks like this sketch of not wearing any pants when he approached two teenaged girls. they think he was driving a newer model black crossover suv. >>> it is not known who is behind massive cyber attacks that made it impossible to use some popular websites today. morning and developed throughout the day. f.b.i. fears it's not the end of it. >> it just shows you, this is the new wave of warfare that we're

the suspect was daniel daniel shaver. transcripts show shaver did not follow commands about where to put his hands. hes a begged officers not to shoot him. in the end, officer mitch railsford pulled the trigger. they later learned he was not armed. >> can't wait until you see the gun, because it's too late. >> attorney argued that the shooting was just if id and railsford had this to say. >> i am confident in my case. i'm taking things day by day. this has been a traumatizing and stressful event in my life. however, i understand due proa sense have to wait this thing out. >> reporter: railford's attorney argued he should have been allowed to present certain evidence and expert testimony could have cleared the former officer. derek staahl, cbs 5 news. >>> also in court, 2 people who ran an unlicensed day care in phoenix have been sentenced for the 2012 death of a toddler. ryan reed got a 35 year seasons. alison clement received 24 years. they both pleaded guilty nard in august. a report from the medical examiner stated tha

police say he shot and killed daniel shaver after reports shaver was pointing a rifle. it turned out shaver was not armed. we spoke with the officer as he was leaving the courtroom. >> this is been a very traumatizing and stressful event in my life. however, process and just have to wait this thing out. >> his attorney argued his client did not get a fair preliminary hearing because certain evidence was excluded. the judge is expected to rule in the next few weeks. >>> the former owners of an unlicensed daycare in phoenix will spend the next few decades in prison. ryan reid was given a 35 year prison sentence. years in prison. in 2012 police say reed abc 2 you will girl who died in their care. clement witnessed the abuse and did not tell any one. >>> a new poll out in the tightly contested sheriff's races creating a lot of news. it shows pile using his reelection by big numbers but some tonight are questioning if this survey should be trusted. dennis welts live in our newsroom with answers. >> reporter: you can and should take every poll out there with a grain of salt.

video shows the moment daniel shaver lost his life. the attorney is filing an appeal with the arizona supreme court to get video release. she has returned to >>> it is -- 26-year-old charles hock vanished when high winds toppled his boat.'s uncle swim to shore. there is now a go fund me page set up to help fund a surge. about $7000 has been raised. >>> who needs a camera? the cell phones route to record the moment bernie sanders is a first power player in arizona as part of the final push for presidential votes. he didn't hold anything back. >> not only are you going to lose the election on november 8, you and your billionaire friends and large multinational corporations are going to start paying their fair share of taxes. >> bernie sanders stopped in flagstaff and will head to reno this afternoon. coming up give us eight's -- give us a look at the neck support her in town today. >>> candidates are busy prepping for the final presidential debate. that is tonight in las vegas at 6:00. fay fredricks is in sin city bus or some other big n

the video apparently shows the moment daniel shaver lost his life. lane suite thing her attorneys filing an appeal with the arizona supreme court to get a release. she is returning to arizona on friday ahead of the trial. >>> the coast guard is suspending the search for missing buckeye man in hawaii. charles locklear vanished when high wind toppled his boat. his uncle survived the crash and was able to safely swim to shore. there is a go fund me page set up to help fund the search. it has raised nearly $8000. >>> the rolling stone magazine defamed a university administrator? opening statements are starting alleged gang rape at a frat house on the university of virginia campus. the article was published nearly 2 years ago. nicole a ramos is seeking nearly $8 million saying the story trade her as callas and insensitive to the alleged rape victim. >>> interface and the government database? a report showing half of all americans are now in facial recognition systems. 52 agencies are confirming to be using the software which is legal. one of them right he

the wife of daniel shaver once more of the body camera footage released to show when her husband was killed. philip brailsford is charged with second-degree murder. >>> at 9:00 the parents of 10- year-old amy deal will be in a courtroom. samantha allen is charged with first-degree murder and four counts of child abuse. her trial was supposed to start a footlocker five years ago. >>> thomas and michelle bastian will be in court after the wife from florence was arrested last week on terrorism charges. authorities say she mailed bomb making instructions and terrorist material into the prison where her husband is. investigators say thomas bastian converted to islam and then became radicalized in prison. >>> my me this information. a man is facing felony charges for making a bomb threat against the gop office in north carolina. that threat comes days after someone firebombed the republican headquarters in that state. this new threat made yesterday morning. 24-year-old dylan day shack is charged with one count of terrorism. >>> these flames seen across the valley. nearly a week after this

killed by a mesa police officer is making a new push to see the body cam video showing the moment daniel shaver lost his life. the attorney is filing an appeal with the arizona supreme court to get it released. his spouse is returning to arizona on friday for that trial. >>> a possible healthcare and east valley. a child with measles like symptoms visited an urgent care the maricopa county health department is running tests but says it considers the case low risk the her patients at the urgent care will be notified if that measles test comes back positive. >>> courage to confront a scary situation from a 14-year- old girl. she is safe after alerting school resource officers about this glendale man, stephen madden. he threatened to kill her if she told anybody about their sexual encounters. without bond. >>> stealing from somebody is bad. breaking into their hotel room while there are sleep in bed might seem even more scary. those are the accusations against the hotel security worker in tempe. 21-year-old anthony strickland. official said he went into a woman's room at the doubletree hotel. she