A former Mesa police officer lost his appeal Tuesday of a ruling that found there is enough probable cause for him to be tried on a murder charge in the fatal shooting of an unarmed man.

The Arizona Court of Appeals rejected arguments that Philip Brailsford was denied a fair preliminary hearing. Brailsford has pleaded not guilty to the charge in the 2016 death of Daniel Shaver.

Shaver was shot after pleading with officers not to kill him, while on his knees outside his Mesa hotel room. Brailsford and other officers say they believed he was reaching for a gun. Shaver was not armed but had pellet guns in his room as part of his pest-control job.

Brailsford was later fired for policy violations. His trial is set for Oct. 23.

Associated Press contributed to this report.