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PHOENIX (AP) — The Arizona Supreme Court won’t review a lower court’s ruling that found probable cause exists for a former Mesa police officer to be tried on a murder charge in the fatal shooting of a hotel guest.

The state high court order Tuesday lets stand a Court of Appeals ruling that Philip Brailsford’s argument that he was denied a fair preliminary hearing.

Brailsford is scheduled to stand trial Oct. 23 in the 2016 death of Daniel Shaver.

Shaver was shot as he lay on the ground outside his room.

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Officers say they believed Shaver, who pleaded with officers not to kill him, was reaching for a gun.

Shaver wasn’t armed but had pellet guns in his room as part of his pest-control job.

Brailsford was later fired for policy violations.