Portions of police body-camera video leading up to a fatal confrontation between Mesa police and a Texas man will be released to the public, ruled Maricopa County Superior Court Judge Sam Myers on May 17.

He said he would grant a motion by The Arizona Republic and other local media outlets seeking access to the body-camera video, after the former police officer's attorney urged that the footage not be released.

His ruling on the video was made after he viewed the footage and following a preliminary hearing in which he found probable cause to continue the case against Philip “Mitch” Brailsford, the former Mesa officer who was charged with second-degree murder in the Jan. 18 shooting of Daniel Shaver. Brailsford, who was fired by the Mesa Police Department, pled not guilty to the murder charge.

Myers initially rejected a request from the media outlets for the footage on May 5, citing that the police reports had partially addressed their requests for information, but said the court was in a “different position” after there was found to be probably cause to continue the case against Brailsford.

"It is a public record and it will be made public," Myers said. "There's no question it will be released. The issue is really when."

Craig Mehrens, Brailsford's attorney, told the judge that the prospect of a trial now that probable cause was upheld would make any public release of the video inappropriate. He said if it were publicly disseminated unedited, the video would lead to a tainted jury and would deny his client a fair trial.

Potential jurors wouldn't be affected by the footage's release, said David Bodney, an attorney representing The Republic and other local media. The U.S. Supreme Court recognized 40 years ago that even persistent, adverse publicity did not automatically translate into deprivation of fair-trial rights, he said.

He argued the public's right to promptly receive public records has not been met and that numerous parties have "effectively bottled up" access.

"I think there is the world to be gained by bringing certainty to this issue and the judicial and law-enforcement process," Bodney said. "There is so much there that could answer questions for the public."

Bodney said he recognized that a small slice of the video could be redacted if the judge found it contained potentially graphic and sensitive images.