Wrongful death suit filed against Mesa police

Posted at 8:19 PM, Feb 10, 2016
and last updated 2016-02-11 00:32:00-05

The widow of an unarmed man shot and killed by Mesa police is filing a wrongful death suit.

The notice of claim asks for $35,000,000 and says police used excessive force when dealing with Daniel Shaver.

In January, police were called out to La Quinta Inn in Mesa after witnesses say they saw a man pointing a rifle out the window.

When they were questioning Shaver, Mesa police say he wasn't listening to commands. 

At one point, officers say they felt threatened and pulled the trigger.

Shaver was not armed. Police found a pellet rifle in his room. 

Shaver's widow has hired Mark Victor, a Chandler attorney to handle the case.

"You can't just shoot someone because you heard they had a weapon. Even if he is unarmed. Even if you couldn't see his hand. That's not going to be good enough to use physical force to take someone's life," said Victor.

Shaver leaves behind his wife and two children. Mesa police say they can't comment on an ongoing investigation.