Académique Documents
Professionnel Documents
Culture Documents
CASE NO.
/ I - a.*(t o
(PFJNQ
DATE
6
J -t L/* /.1
(PRINT}
7
8
I
10
77
Ofa..r@
eruNr)
72
13
your attotney,
tTET l t.J
eulrt
coaclude the intewiew at any time. You are not obligated to answff any questions.
t4
l.f 76
Any ansvrers you do glve may be used in a corrtt of law- Haviag this tn mirid, do you
77 18
19
u,it}
the intersiew?
20
OFFICEBNAME
27.
22
23
24. 25
INVESTIGATOR NAME
/fuN+
-1-
3r3
u,o,,fffJ?
.,
L
4
5
7 8 g 10 11 14 15 1,6 17 l3 ?0 .-11
.
INTERVIEW WITH OTC. GWENDOLYN BROWN Q=sgt' Hong el=Ofc. Jesse Grant Q2=Harry Stern [=Ofc. Gwendolyn Brown
t2 t3
Q: Ql: Or' A: Q: A: Q: A: Q: A: Q: A:
Q: 40 4l A: 42 '3 Q:
-/45
23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39
22
Okay. WhatwasthedateofyourhirewithBPD?
Seven-one-1991.
length of service?
Patrol.
A:
tlree.
y4
PageZ
47 Q: 48 49 A: 50 51 Q: 52 53 A: 55 56 57 58 59 60 6l 62 63 64 65 i6
54
46
What are the normal days worked and normal hows worked? For team three?
Monday through Thursday, uh, the shift starts at - 1530, ends at 0130. What mea or beal were you assigned to?
Beat four.
Q:
Okay. And, uh, when i say specifically at a panicuiar shift, what we're refenin'to is the date of ineident, which gonna be February 12, Tuesday, and it occured sometime, uh, just before midnight, and what - we're gonna be referring to that shift. Okay, Tuesdaythe l2th, actually. So on, uh, Tuesday the L2th,uh, which beat were you working?
Beat four, Thank
A: Q: A:
you. And, uh, who were your zupervisors during that shift?
and, uh
-67
68 Q: 69 70 A: 72 73 74 75 76 77 78 79 80 81 82
83
7t
Q: A: Q; A: Q: A:
When was the last shift you worked prior to Tuesday evening's shift?
frame?
84 Q: 86. A:
85
tlh, did you work any overtime, ul1 prior to Tuesday's shift?
No.
88 Q: I *90 A:
87
Haveyoutakenanymedication? [nrecenttimes?
No.
31S
e2 93 94
95
9L
Q:
Ask No.
it anyways,
A:
96 Q: 97 98 A:
99
No. Just prior to Tuesday's shift, when was the last time you slept? And how long, and between what hours, if you can recall?
okay, it would have been at Tuesday moming, when I got off. Probably went to bed about 3:30 am, and - woke up probably about 9:00 am. Okay. Did you sustain any injuries druing the incident
'
101
102
100
A:
104
105
103
Q:
105
107 108
10
A;
I believe I hyperextended my left thumb, my dght forearm is still a little swollen, and my left shh I'm sorry, right shoulder - is still sore.
lOe
Q:
A:
Q:
113
Now starting at the, uh, frcnt belt buckle, going clockwise, can you describe what duty gear is on your dutY belt?
I have a keeper, a flashlight, uh - I believe mY 8m, another keeper * handcuffs, another keepei, anotherkeeper urn, my - a second flashlight the, uh, baton. I believe a keeper, then two, uh - my, um, aElmo pouchOkay.
116
117
118
A:
119
t20
t2t
t23
Q:
122 124
125
A:
Q:
And my handcuffcase.
Okay.
1,26
A:
Q:
128
t29
131
t27
130 A:
r32 Q: 33 t34 A:
what vehicle make and model were you driving druing Tuesday's shift?
Uh, vehicle .!701,it's black and white marked rmit, uh, Crowu Victoria.
135
316
'L36 Q: 137
138
Erre,
fii
144
Q:
vehicle?
145 A:
147 Q:
t46
148
2349hours. lncidentlocationis2l16AllstonWay,aparfitent5l4,hthecrty of Berkeley, and the, uh, involved person of interest is Mr. (Xavier) Moore. Okay, so when I refer to Mr. Moore, I mean Mr. (Xavier) Moore. And he's
the person that was
is deceased. Okay?
Yes,
All right,
um
164
so
wete gonna
173
174 A:
l7s
t77
I was {unintelligible)...
Regarding this incident?
Yes.
l.
176 Q:
8A:
r/9
317
180 Q: 181 182 183 A: 185 Q: 186 187 A: I SB 189 191 Q: lg2 193 A:
i90
184
Okay. Couid you describe that radio broadcast and what inforr.nation you leam*d from that broadcast? I believe it
ub, roornmates'
out, Ibelieve.
lg4
Do you recall who else was assigned this, utt, ulr, broad- who else was assigned this, uh, particular call along with you?
'><'l
2OZ A:
2A3
as
204
205
207
206 A:
All right.
Yes.
So you
212 Q:
When you first arrived, what were yoru observations? lnitial obseruations?
ii:- A:
215
217
[rh, the Rp, who was supposed to be waiting outside, was not outside.
21,6
219
Q: ZIB A:
Okay. Um-whatdidyqudo-whatdid5noudo?
Well,um,OfficerTu-OfficerTupulleduprightbehiudme.
OkaY.
Um...
220 Q:
222 A:
221
Zz4
t pgnched in the, uh, number, the apartmerrt number, but didn't get, uh, any respousq. I - contacted, uh, control and asked that they call the RP and have them let us in.
318
225
Okay. So you asked for radio to, uh, recontact Mr. Hayes,as yau say?
Yes.
H-A-Y-E-S, who was the reporting party" and eveutualln you made contact with him.
Yes.
And was that in the steet or in the apartrneat or in the complex? Right out in front of the complex.
to. speak
Aad could you recall vrhat Mr. Hayes told you at that time?
llh, he said that he was the one that called and that, um - his roommate had kicked him out, and that he was schizophrenic, offhis meds, and he needed to
be, uh,5=1'f0l
DidMr. Hayesusethattenn,i5-150?
Yes.
ZS7 Q:
2s6
258
259 262
That
told You?
261
Z5A A:
That
- well, I asked rvhy did he, rm; kick him out? First I asked was he, uh, a
tenantthere.
265 A:
And:he said he was, I asked was his name on the lease? He said yes. And I said, "Well, wtry would your roommate kick you out?" He says, I'Well, he's been drinking and doing drugs all day. And he wanted money to get more drugs aird I told him I didn't have any mony, and we argued, and he toldme
to get
out.'I
Slg
PageT
270
271
Got
it.
So eventually,
A:
Yes.
Okay. And you went up to the apartment on the stairs or the elevator? A:
Q:
Elevator,
2t6
277
278 279 280 281 282 281 284 285 286 287 288 -q9
A:
Q:
Okay.
So, um
and the
Tu
A:
Q:
Yes.
Okay.
Closed.
So
when you reached the aparlment, was the door open or door closed?
)a
297
292 293
A:
Q:
Okay. Um, could you describe the - your surroundings just outside the apartnent? Briefly?
.A:
Ilh, this is alarge, um, multi-apartmentcomplex. um, we wele onthe fifth floor. And it - its sorta designed iI}- like a rectangle shape, and there's a banister ail the way around the,,um, the floor. And the apartments arethere's a- I gUess average walkway around the entire, uh, square or rectangle with, um, banisters. Urq there's an open * plaza-like area at the - the bottom.
That's about-..
3A2
303
Q:
Okay. And is ttre, uh, door to apartment 514 more on whictq uh, side of the building? North, east, west, or south?
More on the north. North side. Okay. So you reached the apartment doot, again, I'm sorry, was the door closed or oPen?
Closed.
A:
Q:
A:
Q:
-r13
'2
Okay.
So what happened
320
INTERV I Ew
wrrH oFC.
"*,:Hi,?iHrH?H
02-1416:17
pn
A:
Wq uh, um, I aske4 uh, Mr. Hayes did he have the keys? He said he did' He unlocksd the, uh, door, opened ii, and I asked.him to step to the side. And at thatpoing I called into, uh, Mr. (Xavier)'
Okay. So, uh, hdr. Hayes unlocked the door aad he opened it for you"'
Mm-hm.
... and
318
Q:
A:
ttroughthe open door, you called out to Mr. Moore. (Xavier) Moore.
A:
Q:
Yes. Were - at - were you able to see him when the door immediately opened? Or he was - not visible?
FIe was
A:
not visible.
say you called out, what did you say?
35t
13
'-a34
335
I believe I said, um, "f,Kavier)?" And this person caste to the door and opened it.
336 337
338
339
*.
Mm-hm. Okay. Um
A:
Q:
on or anything?
I dont recall any make-uP. Did he have shoes on? Do You recall? I don't helieve he had shoes on.
349
350
351
A:
Q:
Okay, And when he - from now he's met you at the door. You said that he opened the door a little bit fiir'ther?
Yes.
'6
A:
Q:
-157
358
Okay. Um
okay, now what kind of conversation did you have with him?
321
9Y};?SlHrtl?H
02-1416t17 Pm Csse # 2013'08510 Page 9
359 364 36L 362 363 364 365 366 367 368 369 370
A:
Jtt
372 373 374 375 376 377
Q:
was thrown I told him we were there because his roommate called and said he .r,, *O f said, "You wanna tell me whafs going on]r' 1!1d h1's standing at and, uh, he didn't the door, and tre started talking about things aUout the FBI i.rf ,uf., and * and I was, 'W-eU, why don't you feel safe]" . "Y*ll, you*Jou he t"o* fro* the FBI is, and they're - they're following me." And then he -name, othet one was it and Cmol Jart caltin' me different ,u*.t, like Gail and people, and he was I believe Wanda, and - I told him I wasnt - either of those about ;;y*! ,'Yy'ell, I see them right behind you." Aad then he starte{ talkin' as to why, airoru,rr, - so - I kept tryii' to bring him back to the convers-alion you kick your would * urn, we were there, and and I said, "Why - why -,why ,iOh, he's fin' stup1d," and I think he - at one point - or he ,oolmate out?,, crunchy, af-e you goilu at one point called him crunchy. And said, "okay, pointed over to Mr' And, and Isaid, "Who's Crunchy?" A"d
|jfttt?';
Hayep And then he started talkin' about the FBI again' And"'
lt
Okay.So-uh,iflmyinterject,,olvq'-Moore,who'satthefg,or'istalkin'
uUout
ruunes as tfr. FBI, not feeiing ,afr, b*iog followed, catling you different
-19 ._ t9
380 381
A:
Q:
I\4m-hm.
he was saying these thing-s to ygu, an{ was he at that point while - whiie you wefe tryin'to bring hlm back on track, ,umr or was-he animated, was he agitated, can you describe his demeanor?
.,. dinosaus, et cetera.
was
- while
382
383
384
385 386 387 388 389 390 391
A:
very, um, theatrical? Because he had his hands in the doorway, you know"' mf., *O he's - he's just like - kept doing like this, and Sauntering? I don't know, explain this' Pretty much, You know, and."
kinda like
Q;
A:
Q:
Okay. Yeah.
... kept throwing his braids back and"'
392
393
A:
Q:
394 39s 396 397 398 399 400 n0l -*02 403
A:
Yes.
'
!22
t"'*''[i:;;fu:,T'#
Case
# 2013-08510
404
4As
and.
406
4A7
4lr
4t2
413 414
officer Tu is standing, um - standing by, um, officer smith is - taking down Mr. Hayes' information and pointing him - um - af - at one noinf - ^ informea me thathe had an outstanding wafratrt. I believe it was $5,000' And probably asked if I wanted it confirmed, and I said yes. And he said it wil} take a little while, because it was a manuai rvarrant, and San Francisco would have to * activate it manually, something to that effect. So once it was confirmed, you know, I told him, "okay, you can take him down- on down to
the station."
4ls
416
417
Q:
Okay. So youlre talkin' about Officer - Officer (Brandou) Smith, who ran a refetence check using his police radio, is that correct?
Yes.
418
41,9
A:
Q:
420
42t
422
,.3
A:
Q:
124
425 426 427 428 429 430
431
okay. Uh - uh, and - and officer smith found that lv{r. Hayes had a $5,000 *urr*t and that eventually it got confirmed, and you inshucted Officer Smith that you wanted Mr. Hayes arested for the warrant? Is that correct?
Yes. at this Okay. Um - 81d, uh, did Officer Smith run any inquiries on Mr. Moore point? Or...
A:
Q:
A:
Mmm.
A:
438
439
Officer Uh, he went back to his car. When - when Mr. Smith - ['m sorry. going S#m arrived, he asked, um, what was the name of the person we were he said, "Is his name (Xavier) s- fXavier) Moote?" And I said, io ,'Well, he has a $10,000 warrant out of San Francisco." I "ont*t, ,,r,os.,, He said, just moved from San Francisco'" And said, "Well, this particular individual just to make surc." He went back to the he sajd, "Let me go back to my car, just - we all went car, did something bn the NDT, he came back, and we upstairs. with Mr. Okay.. At this point, in your mindset, while you're on the landing for his warrant the has Moore, lur. frfoor., you're it iot i"g this gentleman,
Q:
anest'
szs
02-l4l6tl7 pm
Case # 2013-08510 Page I I
A:
Q:
Yes. Is that your mindset? Okay. Um, so after, uh, Mr. Hayes'warrant was confirmed, did - uh, did Mr. - did Officer Smith leave with Hayel? Yes.
A:
Q:
4s6
457
458 459 460 461 462 463 464 46s 456 467
,{68
Okay. And r,vhile Officer Smith Ieft with Hayes down the elevator out the building, you were still on the landing speaking with Mr. Moore along with Offrcer (Ken) Tu. Correct?
Yes.
A:
Q:
Okay. So now Officer Smith is now gone with Mr. Hayes, now can you -can you now tell us the story about - tell us exacfly whafs now happening from
there
A:
I'm still tacking with NIr. Moore, and - he's - he's becoming a little more theatical, and talking aboutthe FBI, and continuing to call me other names...
LIh,
-.,59 470
471
Ivlm-hm.
A:
Mm-hm.
A:
Tu to let him know, um - we'IE and, um - so he moved over to him, know, person You in. going to take this uWell, Itd.. Moore, you have a warrant, and we need to go take care Iod l-.uid, I'No, I don't have a waffant-" And, uh, I said, "Well, of this." And he says, yeah, yoU do, and we need to go down to the station and get it cleared up, and "Well, I need to go inside and call the FBI to get this cleared up.
And I
*l'
Hmm.
A:
'ql
I said, "Well, you can use the phone down at the station, but we need to go we need to take care of this." A1d he was like, "No, I'm gonna use the phone here., And I said, "we really need to go, and- and lefs go on down and just get this eJeared up." Ald at that point, I looked at Officer Tu, and he took, u*, oo* of lylr. Moore's hands, and I took the other, and he just - exploded. * start grabbed his hands back like this, and I believe officer Tu had two
hands,onhim. Q: Mm-hm.
.)2
493
x24
wrrH o Fc.
" T"I,?
Sl#rtl
?H
Page 12
A:
And we both And I had one hand, and he literally just pulted us forward. fell on a we and rc ilterarv drug us'into the apartment' matlress that was on the floor.
still
h*gid;;,;a
Mm-hm.
Q:
A:
502
503 5A4 505
506
507
to, um, restlain him- I was able to gel .my cuffs out, him' but' um' able to get onE *a Omr., fu had one hani, *d I him, and we're struggling Irdr. M;;;;b*ied his - Uiu r"*ona arm up undei Atthis stop oring to get -his ur*, *d telling him; "-S1op-resisting' le.,srsting'" looked this,I get like up you _ utfii, p-oint, he,s p"ltid up [kI thil and-when Just sitting there, looking out up, and there was , g.ntfJ*in sitting in a chair. ,,Get ouq;-;i I because I didn't know if he was going to attack - and I said, reasons' So - he complt:d' 1".9:t right up and ,uftry nmt.t ,r, ;d it *as ro, gulted my mic and I called for additional units' door, ,na And we,re still trying to
**
"sol
512 -13
515
again, "Code.three cover, code Arrd other of6cers responded, aud they helped *ro oor*, iiaitiora of his large size' we end up us get, um, Mr. tvtoor. io ."fft, and - because
**
i-
rtitf irr,
*itr.i
and
* I called
'14
Q:
Mmrn. And arm free'.and then he prior to tha! um, we lrrrere Pi"g-P get - get his - .'da-y, any more." otuy," fG, "Okny, I'm -1'* - I'm not going tolgsist g*r, and bulking'
he continued kicking And we,re able to get tfr" cuffs on him. But
516
5r7
518 519 520 521
A:
Q:
Okay.
A:
A:
Q:
offhim.
s32
533
A:
Q:
Okay.
a warrant, that he needed to go' lt's so you informed it[r. Moore that he had he was under anest? .trar tt ut you were tetling Mr' Moore that
s34
535
i36
--
537
538
A:
Yes,
325
'
539 540
Q:
s47 542
543
Okay. And Mr. - m- to your - to your, uh, recollection, Mr. Moore understood that you were intendlng on arresting him, is that correct?
Yes.
A:
Q:
544
545
546 s47
s48
549
550
551
Okay. And when he wasnt complying, when you were tyin' to, uh, use verbal judo and get him to comply, he wasn't complying, he wanted to step inside and cali the FBI and clear this up. But eveutually you felt necessary that you guys had to take a hold of Mr. Moore, is that correct?
Yes.
A:
Q:
552
553
All right.
took the
So you
said Offlcer (Ken) Tu took one ann and while you while you took the other. Do you recall which arm you took?
-you
so
s54
555
A:
Q:
556
557
558
r9
A:
Q:
Yes,
-,d0
561
562
563
564
565
A:rdthen you- earlier, you motioned where rvhen onbe, uli, you both of you got took a hold of Mr. Moore's arms, he basically flung in a upward motion, and while you were - had grasp ofhis arms, that pulled both you and (I(en) Officer Tutowards his direction, inward towards the apartment- ts that corect?
Yes.
566
567
A:
Q:
568
s69
570 571
Okay. And so - he did so, and - did, um, did he fiy to tum and run inside? Or did he drag you and Officer (Ken) Tu in as he was going backwards into
the apartment?
572
s73 574 57s
A:
Initially, um, we're going backwards into the apartment, and I believe he started to tura sideways, and at that point we fell.
Okay.
576
577
578
A:
Q:
579
580
581
Okay. Could you describe this mattoess to the best of your recollection? It was.a twin-size, uh, mattress that was on the floor'
'2 :d3
A:
326
a}4ak]j
pi
Page 14
584 Ql
Okay. Though
No.
s85
Okay- So when you said you fell, so Mr. Moore, did he fall on his back, or did he fall on his - on his front?
He
Oh, okaY'
597 Q:
s96
598
605 Q:
606
608 610
607 A:
6A9 Q:
dl
A:
Ih
612
614 615
616
618
613 e:
617 A:
623 Q:
with him?
525 A: ,6 -627 Q:
624
628
gz.
Page
15
629 A:
2tr0,
633
632
e:
635
637
638 A:
539
Moore?
647 ;8 -549 A:
650 652
646 e:
was Got it. And -you said at one point there was one handcuffthat successfully laced on Mr' Moore's wrist Yes.
651Q:Doyourememberwhichwristthatwas?
653 A:
655 e: 657 A:
6s4
656
658
'
,
Yr*.
Got
uh
it.
under his - his, And then !ut_f-ou_s-ard that the other hand was butied [s that his chest whi}e Mr. Moore was on top of the, uh, mattress.
conect? Yes'
665Q:ARdwhatwasofficerTudoingatthispoint? _ it' Becarse he's stillHe,s stiil holding at the ne{ d9 th3 traldcufl.on 667 A: 668he'sstillviolentlyresisting.He'skicking,he'sbalking...
669
77
670 Q:
6;; A: 673
328
Page 16
674
675 Q:
All right.
Or up and down, up and down, because Officer Tu was partially straddled him, and he's just- balking like a horse. was his positioning?- wu: to try to control Mr. -Mr', weight his tike, uh, uh, Officer Tu, was he using uh, Moore?
A:
Q:
l.
682
583
A:
Q:
I would
Okay. All rigbt. So he's - okay. Um - md, uh, Offiser Tu, to your knowledge, hels - he's, uh, over six foot would you say, correct?
Yes.
A:
Q:
fL.
692
93
594 695
Q:
696
697
A:
Q:
702
Tu okay and you're saylng to yow - at the time, when only you and ofEcer large is a l- rather *# tfr.r., were you uira dm.*t Tu, and who - Officer Tuyou having a of you two the were and strong-officei, were you have difficult time controlling lv{r. Moore? Very difficult.
you needed Okay. Got it. Um - so - at - s- at a certain point, you decided mori assistance. Isthat correct? Correct.
l-1..
Q:
fa.
7ll
Q:
712 713
A:
Q:
7t4 7ls
16
you made for To, uh, ask for additional help? The first radio brad- broadcast
help,yhafdidyou-doyourecallwhatyousaidontheradio?
A:
[Jh
717 718
329
"*#-,'JL-ilf,T Page 17
719
to the
Okay. All right. Um - and after you made the radio broadcast, you went back - trying to resffain I!{r. ...
125 Q:
728
727 A: 729 Q: BA
731
726
call.
Okay. Okay. Um - would you say, uh, Mr. Moore was, uh, kicking you, uh, or Officer Tu at all at that point? Or...
He was kicking - he was not kicking me, because I was closer up, um, towards his shoulder area.
733
734 736 738
732 A:
735 Q:
737 A:
Okay.
But I could
see
him kicking.
19 *r40 Q;
741 743
Okay. Allright. Didyouatanypoint,wereyouatall-puttingyour,uh, body weight on his l- uh, on his neck or on his chest area during this touble?
I probably was putting my weight on
742 A:
on his
745 747 A:
746 748
744 Q:
Shoulder blades. But not directly on his chest or directly on his neck or his
head. Correct?
No.
750
751 753
74:9
Q:
- at * did
752 A:
755
756
7s8
754 Q:
Oka)r. Do you remember which officer entered first to assist you and Offrcer
Tu?
757 A: 759 Q:
I don't remember which one. And adish- and - um - thereafter, at the time that you, Officer Tu, and the additional officers were able to successfully handcuffMr. Moore, about how mafl.y officers were there at that time when the successful handcuffing took place?
Got
760 76I \2
t63
it.
330
"I*L?flk#r?ffiH
02-1416:17 Pm
"*"u'o'11;.ti3
A:
I think probabty
- two?
Possibly
three.
A;
Yes.
A:
officer Gardner
Okay.
and
A:
Q:
At that
at that time.
782
33
able lo Alt right And so you said that you Yele - that you were of Mr' handcuffipg uh, set, double a do and together, r;ts, Iinhthem
take trvo
;il;ff
Yes.
-I84
785
Moore, correct?
786 787
788
A:
Q:
Okay.So,um-Mr.Moore'shandcuffed'Allright?Now-ishecontinuing
A:
Q:
Yes.
uh, restraint attempts okay. Do you know if there were any other restraint Uein! made by aty other offrcers on IvIr' Moore? [Ih, just trying to hold him down'
Just hold him down'
A:
Q:
Mm-hm.
uh - tryingto keep - or offic-ers, utr, use their 1dr. Moore to*[., did you witress any gther or head area or stomach weight to, trh - oo - on ttir. Moore's chest or neck Putting their knees on cerhain areas of Mr', um,
802
803
i;i&g
as you describe,
&,
*'
804 805
i06
807 808
*"Jto holding hirn down? that? Moore at all? bid you witness any of
No.
A:
331
809
using io hold Mr' What did - aparrment- what were the (uninte[igible) Moore down? The"' Their hands' what parts of Mr' Their hands. okay. And they were holding primarily Moore's bodY? don't know which officers, I beiieve officer Tu was still staddled him, and I but someone was holding his legs'
820
8Z1Q:okay.Allright,somebodywastryingto...
Trying to holdhis legs down'
822
824
823 A: 875 Q:
827 A:
'28 826
"'
keep
keep
831A:Andlwasstillnyingg;holdhirn,justholdontohim,becausehe_hewas
stitl bucking PretlY wildlY'
840
strap" Axd they were able to use the strap' the ankle
OkaY.
842
846 r r. 847Q:okay.Solo3sawthathisank.Mr.Moore.saak|eseventrrallywas-youS4Sthestraportnew,apdevice,.uh,Tousaweventually,youSawthatthestrap Mr. Moore's ankles- ts that correct? was ,u""rr*n itf pl'"r.4 on ifte - hg49
850
351 A:
852
Yes'
$z
"Y}ffimr-_l.#
Case # 2013-08510
853
Q:
854
855
A:
Q:
okay. All right. uh - so now Mr. Moore',s hands are successfully handcuffs, his legs or his slkles ale succ.essfully restained in the strap. Is ivlr. Moore
still struggling? Or continuing to resist?
A:
Q:
Yes.
864
865
Okay. During -the f- the time that this - your - the struggle with Mr. Moore, the tirne that Mr. Moore was, uh, resisting to the time that, uh, he was handcuffed and his legs were restrained, was Mr. Moore yelling anything, screamingn uh, was - what was he saying anything at that period of time?
There was one - one point - at one point, he said, was gortrg to stop, um, resisting.
A:
t',
-373
874 875
&76
Q:
From the time that the doorwuy, when you and Offtcer Tu first tried to take a hold of Nk. Moore and he, uh, backed into the apartmentand the struggle began to the point where other officers arrived and assisted and you - and the officers and yourself were suocessful in handcufling Mr. Moore andrestraining his yow legs, uh, how long do you think that period of time was? To the best of
ask you
- if you iq recal[.
estimation?
A:
Q:
882
883
A:
Q:
A:
I honestly couldn't.
892
893
"94
)5
895 A:
897
333
c".';r'r'iffi#
Page21
903 904 905 A: 331 Q: 908 909 910 A: 911 gl2 Q: 913 gl4 A: 915
.*lt1,7
916
gA2 Q:
only the
- thing I remember
he
- when he said,
He Slowed down.,.
Mm:hm.
... just enough for us to - when we were putling his arm out, he said, "Okay, okay.n Andsohekindofrelaxedalittle.
926 A:
Okay. Um - do you recall any other officers saying anything to the best of yourrecollection?
I-I-don'trecall,
"Stop resisting," was
933
Mm-hm.
938 Q: q3g _ +0 A:
941
937
334
"H3i?iy#?H
0X-1416:17 pm
Case
# 2013-08i10 .Page22
e42
943 944 945
Q:
that period from the doorway to the time that you to successfully were - were able handcuff I\4r. Moore, didl\&. Moore at all verbalize to you that he was having trouble breathing?
Okay.
No.
947
Q;
949
A:
952 Q:
9s3 954
Did he ever say that he needed ambulance because he was physically, uh, injured in any way? No.
9,55 A:
es7 Q:
958
956
Okay, Um
at- at*
A:
Q:
Yes.
um
stop resisting?
e60
959
162
963
964
965 966
968
A:
e67
Q:
Okay.
969
A:
Q:
And I am
974
e71
972
Okay. When, uh, when he took his rest, as you said he resting? His body position?
He was partially dn his side, um, and partially more stomach? Halfway on his side.
as you
974
975 976 918
980
973
A:
like
- halfiray
on his
e77
Q:
979 e81
982
q83
A:
Q:
Okay. He wasn't completely on his back. He was essentially more so on his side. Do you remember left side, right side? Do you recall?
It would have to be - it would have been the left side.
gss
1A:.
335
# 2013-08510
Page23
Left side? Okay. And so there's a * time when he's takin' a rest. Okay. And what happens during this rest period? What happens next? I'm.watching him, and - I don't see his chest moving. So I said, "I don't think he's breathing." And so we pulled him over completely on his side. And I could see his chest start - starting to move.
OkaY.
gg5 A:
And I say, "Okay, he's breathing." And I checked pulse. And he had a pulse.
Okay.
He moved his head a
1002
He ...
-he
11105
J6
Q;
(unintelligible)' AU right.
hoz A:
i009 Q: 1010 1011 A: 1014 1015 A:
1015 1008
And...
Were his eyes open? I'm sorry. Do you recall?
I don't recall.
1013 e:
tot2
1017
t02t
Axd it was probably about - probably about a minute, 'cause it was a short time there after - I notice his chest wasn't moving anymore, And I said, ''l don't think he's breathing."
336
Page24
1031
1032
1033
Q:
Okay.
1034
103s
A:
1036
And I checked fOr a pulse, I said, "[ can't get a pulse, I can't eet a.pulse,"'and nlet's getthe cuffs off him, get the cuffs offhim'" We they were like, immediately took the cuffs off and - pulled him over on his back... Mm-hm.
fi37
1038
1039
i040
1041
A:
Q:
n42
1043
Right.
1044
1045
A:
to start cPR. And, uh, called for code tt[ee cover - I mean code tbree for BFD.
.-.
- code
1046 1047
1048
I
.Q:
A:
IvIm-hm. wanted, um Because we,d achrally called for BFD earlier, because we wrap wasn't large enough...
049
50
the
-J5r
1052
1053
Q:
Mm-hm.
um [ believe it was ... to restrain hirrU and we needed reskaints. And, uGethiy herg code thtee.r' iogeent (Amber) who got on the radio an{ said, ,Caise I yelled out, "Code tlree, code three, code three, he's not
A:
-'I -
10s9
1060
1061
Mm-hm.
A:
And I heard her on the radio- Um..' Making the request for code three"'
rc62
1063
1064
1065 1066 1067 1068 1069 1070
A:
Mm-hm.
... Berkeley fue Paramedics.
A:
Q:
Right. who's okay. Got it. All right. And so now Mr. Moore's onhis back. whot givin the chesi compressions, do yourecall? Uh, Officer Tu.
107i 1472
-1074
1075
fi3
A:
337
"Tfl?[lHrt]flH
02-1416:11pm
Case # 201348510
1076
1077 1078
Q:
Offrcer
Tu? Okay. Um, and what were - what were you doing
at that point?
A:
1079
1080
1081
r082
1083 1084 1085 1086
1Q87
A:
And I said, "someone run downstairs, get a mask, get a mask. "And they said, "B - BFD's here."
Q:
see.
A:
A:
Q:
Right.
at this point in juncture, while the, uh, CPR is is being, uh, done on Mr. Moott, uh, to the best of your recollection, do you recall who the other officers other thatr you pnd Officer Tu and Officer Phillips, uh, do you know who else was in the room during
1092
1093
- um - uh-
1094
)s -196
rc97
1098 1099 1 100
1101
A:
rn2
1
1
103
A:
Officer lvlathis...
Okay.
i04
A:
... and I believe Officer Gardner'
r 105
I 106
1rc7
1108 l 109
Okay.
1l
l0
A:
Q:
1111
1fiz
1
113
do yOu recall any other, uh, supervisor or sergeant rank there inthe
1114 1115
1
116
A:
t17
Uh, at one point, I know of, uh, Sergeant (Cardoza) was there, but I dont know if he was there doing the - CPR or not.
i8
338
."#-j;"li-l3rPfi
Page26
l12O lI21
1,122
1119 Q:
Okay. So - you're tending to the, uh, Mr. Moore's, vh, aiT way, uh, Officer Tu is doing the chest compressions. Eventually fire department paranaedics arrive, conect?
Yes.
1123 A:
1124
11ZS
Q:
Okay. And
Uh, ttrey started - uh - they took over the chest compressions and administered oxygen. And they * they continued doing that, and, uh - they moved around the mattess and the bedding to get the gumey in there... Got
it.
OkaY.
... md, um, got him onto the gurney and took him on out.
1136 Q:
1135
Okay. And once the fire pararnedics and Mr. Moore have now exitedttre aparfinent, what's happening now?
Uh, I
- I believe I told -
here."
Mm-hm.
I believe Sergeant (Cardoza) started'assigning officers to do, urr, contact the - the neighbors, someone was assigned to contact urn - Mr. Sterling, that's the individual who was inthe apartmenl
Um-
148 Q:
OkaY.
l50 A: 1151
l
Lt49
...
for cover.
OkaY.
Q: n54 1155 A:
1153
I 155
1
1152
OkaY.
5l Q: rt62 1163 A:
339
1164
1165 Q:
tasked with assignments, uh, urn, whatwere you doing before you actually had left the property and went back to the station? What was your role at that
point?
A:
I was talking with Sergeant, utu Phillips and Sergeant (Cardoza), because, uh - she staled somsone needed to - follow *re arnbulance, IIh, to the hospital.
Mm-hm.
Officer Tu volunteered to go, and she's she's really concerned about his, um, well-being, because - he was s- um - sweating, seemed to be out of breath, 'cause he had been doing the chest compressious...
And, um
1179 Q:
Mm-hm.
... and I notice he surgery...
1181 A:
I 180
1,182
83
-184 Q: 1185 I 186 A: i 182 1188 1i89 190 I 191 11,92 1193 1lg4
1 1
Yeah.
... and I ask him, I said, "(Ken), are you sure you're okay?" And at that point, she said, "'We should get another officer, um, to f- to go," and I'and I believe Sergeant (Cardoza) said, "Eithet one of you guys go." You know, and I said, "f'm stayinghere till this scene is secured-" And so (Kea) said, "Ill go." And um - Sergeant (Cardoza) was like, "You need to go to the station. You need to get you start writing. You need to go to the station and start writing." I " Offtcer saido "I'm not leaving tilt the scene is securt.rr He said, "[ have
such and such, I don't remembel who it was." He sai{ "He'11 secure the scne," Atthat time, the I.D- tech ceme. And I left-
19s
1196 e: 1198 A:
I 199 1197
' Mm-hm. So you left and went backto the station to prepare...
Yes.
1200 Q:
Okay. Okay, Who was the scene supervisor to your - to your knowledge, who was the supervising officer on that incident?
.., police report?
beat,
16 Q:
I see, okaY.
340
INTERVIEW
."#-,i-13:llm
Page28
1208
A:
12tt
t2r2
1273
1209 1210
... um - just because, urn, Sergeant (Amber) got there first, I didn't consider she was the scene supervisor till he got there.
Q:
um:"
A:
Q:
as
well.
Okay.
L2I8
1219
A:
Q:
1220
r22l
1222
Great. All right. Um - um - during, uh, the entire episode, the incident involving, uh, uh yoru contact as well as other officers' contact with IvIr. Moore, it*y timi, uh, did you stike Mr. Moore with a closed fist or open
hand?
t223
1224
1225
1226
A:
Q:
No.
27
-!28
1229
t730
A:
Q;
123t
1232
At any time, did you hit Mr. Moore with, uh, your ASP or - or wood baton?
No.
1233
t234
t236
A:
Q:
r23s
1237
1238
A:
Q:
1239
1240
At any time, did you strike Mr. Moore with any other blunt object, whetheron your duty belt or in the aparffirent, uh, Mr; Moore?
No.
t24t
1243
1247 A:
Q:
1244
t245
t247
t246
1248
1249
A:
Q:
50
A:
r25t
1257 Q:
341
?age29
A:
Q:
No.
2s6 257 258 259 260 261 262 263 264 26s 266 267 268 269 270
A:
Did you
A:
Q:
No.
object?
A:
Q:
Okay. What about kicks? Did you kick Mr. Moorc in any fashion?
No. What about any other officers? No.
v!:
274 275 276 277
A:
Q:
A:
28r
282
283
284
285
A:
286
287 288
289 290
29t
292 293
Q2:
Mr. Moore appeared to be * it was hf,rd for him to fosus. Because when I kept nrying to brring him back to answer my questious in regards to what was gorng on with he and his roommate, he kep talkin'about the FB[, aud - callin me these other narnes - and dinosaurs, so - it was - at the point where -.I felt uoh, he he maybe5l,S0'here." He's he's defiuitely irot makin'any . like, sense. And then again, his roorurrate,'I - I had the knowledge that he had been doing drugs quite a bit that day, so I was under the impression that he's probably Fetfy high and -...5{50=all*in one.
Okay. fuy
No.
?e!
L-za,
A:
342
,,*,,T;:i;,?;,?iT
Case# 2013-08510 ""."P;;Jj;
*",
1297 Q2
Okay. Um - when you mentioned the - when he kinda pulled you guys back into the - to the room and you guys fell on the matbess, can you describe where in the aparhnent that mattress was?
It's
1303 Q2:
1305 A:
i306
1304
'cause [
'
1307
Q2:
when I picture it, and correct me if you just remember it differentiy, but when you fust walk in, there's a - like a really small aknost entryway...
.., so I
[dm-hm.
...
with
a bathroorn
Corect.
... a small, short, nanow
:6 Q2: 1318 A:
t320 Q2:
13
l5
hallway...
Mm-hm.
I'd call that goes into sort of a- living room? kitchen, everything but a bedroom are4 and then sliding doors that lead into avery small bedroorn Thafs - they almost look - if the doors were open, Ild think it would almost look like all one - not very bigroom?
...
Right.
But-uh...
So when you walk ttre - walk in, and the bathroom's to the left, this very short hallway oace you step into this living room area" the mattress was right here.
1333 Q2:
1332
together?
Yes.
i38
343
A-14/6:17 pm
Case # 201 3-085 | 0
page
3l
1342
1343 Q2:
1344
1345
t346
A:
It wps
1347 Q2:
Okay. Okay. And, uh - when * when you - the his stomach? Is how he fell, is that correct?
He fell on his stomach and side, 'cause he had his arm bwied up under his
torso.
1353 Q2:
t3s2
1354
Okay. And - first, when you fell, did you fall on top of him, on the matffess, some - Iike how did you fall? In relation to him?
t fell
1355
1357 1358
1359
1356 A:
because
'Cause he's like this, and I went oyer him, was trying to hold onto this hand, and when he pulled, I went
like this.
1360 Q2:
Okay.
'-i62 A:
i12:- Q2:
1366 A:
t367
1365
i1
Okay. Is that sort of across his bcdy? Is that how you're deseribing it?
Yes.
1368 Q2:
1369
Okay. And, uh, how about (Ken)? Where did he end rrp?
I37O A:
t37l 1,372
1373
Q2: 1374 A:
r375
1380 Q2:
Like
knee
l13l
1
4 Q2: 1386 Ar
1385
183
A:
No
Oh...
He was
they were...
344
02-l4l*l7
pm
Case # 2013"08510
pape 32
1387
1388 Q2:
1390 A:
1389
t39L
Okay. Okay. Um * I know you mentioned (Ken) was using his weight to contuol Mr. Moore, and I was curious, does that mean- like his whole body's laying on top of him? Or he's - using his hands in a specific part of his body to kinda - hold him down and his weight like that?
He's using his hands.
1396
1400
1401
1399 Q2:
Okay. And
was
and
he-did
1403
1404
1402 A:
Weil, he still had - hold of the - the arm that we had the handcuffs on. still had that - that hand, um, holdin'onto that one.
106 - +07
1408 1410
1405 Q2:
1409 A:
Okay. fud - at the t- well, during the time he was on his stomach, or even wa.s his fdce maybe a little bit cocked on his side, where is his face? Was in the matkess or a$ray from the matbess or - how was that?
it:
1411 Q2:
l412
1413 A:
1415 Q2:
1414
us.
any other supervisors or command present besides Sergeant Phillips and Sergeant (Cardoza)? At any time?
Okay. Um
- do you remember
No. No?
1425 Q2:
1426
1427
t428
A:
1430
+29 Q:
1431
345
1432
A:
Q:
I had not had any personal contact with him, but I knew of him.
t433
1434
t435
1436
1437
A:
1438
t439 ru44
t44t
1442
=dSlgqdrumiot of issues going on, and could we check on his welfare? I called her back to let her know, um, Officer (Galvin) and I had gone out, asd there \ryas no one at the aparhnent. So I called her bask to let her know. That was our - our finding.
she mentioned that he had a
Um, his mother called the station, I beliwe, it may have been a month or so ago, asking for a welfare check, and said that her son was
t443 t444
1445 1446
A:
She said her son had called her - earlier that day, said he was.ggr:yrdepresSEd.; rtm, she said he was going through a sex change, uE, he was, um.Faghcauy
t447
tM8
1449
t450
i1
Yt2
.4s3 454 455 456
457 Q:
$mgursre Hedmflt*ne*ritif{V. And she was concemed about, uh, thb roommate. She said he hung out with a guy &at he shared.an aparfinent with in San Francisco, andthey eveutually got kicked out ofthat apartnent because of fightingan{ um-the argrments and* youli:now, she said somethingto the effectthat San Francisco PD was really sick of thern, and she's glad that stre was able to get him an aparbnent over in Berkeley, because she's heard that the Berkeley police are much more lenient and tolerable.
458
4s9 460
hfixm. Okay. Is, uh - you report - uh, you mentioned ltdr. (E lovard) Sterling. 'And, uh was Mr. Sterling the genfleman that was in the room that you told to leave at * that day when you fust arrived there? Remember, you said you were fighting - you md - you and Offficer Tu were siluggling with Mr. Moore, and there happened to be a - sorneone in the room.
Yes.
46t
462 463 464 465 466
467
A:
Q:
A:
Q:
Okay. Um - had you at - that time, on scene, any chance to speak with IvIr; Sterling? Did you have an opportLrnity to speak with him? After the incideat? Or...
Correct.
A:
No.
-+75
346
*"*''xrii,ff;,?;1i
Case # 20 I 3-085
page 34
l0
1476
Q:
t477 1478
1479 1480
1481
Okay. So you - you never - even spoke with Mr. Sterling, got a statement from him or anything else?
No. Got it. So you - okay. And as you know, Officer (unintetligible) is the one who obtained his statement after this.
Yes.
A:
Q:
t482
1483
1484
1485 1,486
A:
Okay. Um
um
(unhtelligible)?
r487
1488
Ql:
t489
1490
t49t
1492
Uh, I know - that, uh - you answered this question that you believe, uh, based on the information that Ofiicer Smith had given you that Mr. Moore had a wa:rant. If yorl, uh, if he hadn't had a warraflt, would you have taken hfun, uh, for evaluation?
Just, uh
t493
1494
A:
Yes.
'9s
{96
1497
A:
r498 r499
I 500
Ql:
A:
in any time you wefe talking to him, at the threshold of his door, did he ever appeal to have a problem breathing or express any - medical problems?
Did
ts01
r502
1503
1504
1505 1506 1 507 1508 1509 1510
151
A:
15t2
1513
Very much so. Um - my heart goes out to his family. Because despite somqone's child died. So yes. It is very upsetting.
15i4
151 s
Q: Q2:
1s16 1.5t7
- 1519
1520
518
347
02"1416:17
Pn
1.5?2
tszr
is an accurate with the audio recording submitted and it This transcript has been reviewed transcriPtion.
1523
siglred
348
itfi::.'i
,.,
..r.:.' .|i.:.I:t,..lj:;,i