In-Custody Death Investigation - Xavier Moore (Part 11 of 11)

7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 11 of 11)

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BERKELEY POTICE DEPA,RTMENT

CASE NO. / I - a.*(t o(PFJNQJ -t L/* /.1ATE

(PRINT}

STATEMENT TO INVOLVED OFFICER:

Ofa..r@eruNr)

your attotney, tTET l t.Jeulrtcoaclude the intewiew at any time.

you are being rcpteserrted here at t}is interview by. You are rot in custody and you ate &ee to

You are not obligated to answff any questions.

Haviag this tn mirid, do youAny ansvrers you do glve may be used in a corrtt of law-

wish to voluntatily ptoceed u,it} the intersiew?

OFFICEBNAME

P /fuN+INVESTIGATOR NAME

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INTERVIEW WITH OFC, GWENDOLYN BROWNInterviewer: Sgt, Hong02-1416:17 pmu,o,,fffJ?

1.,L34567 INTERVIEW WITH OTC. GWENDOLYN BROWN8 Q=sgt' Hongg el=Ofc. Jesse Grant10 Q2=Harry Stern11 [=Ofc. Gwendolyn Brownt2t314 Q: It's,uh-Febru4ry 14,l817hours. Interviewwith0fficer(Gwer)Brown,15 case nurrber 13-08510. My nanre is Sergeant Hong, H-O'N-G.

1,6 .17 Ql: OfEcerJesse GranJ, J-E-S-S-E G-R-A-N-T-l3 Or' I'm Harry Stem, andthat's spelled, uh, H-A'R-R-Y S-T-E-R-N.?0 A: Offi.cerGwendolynBrown, G-W-E-N-D-O'L-Y-NBrown, B-R-O-\MN'2223 Q: So, Officer Brown, could you state your rank and badge number?2425 A: Police of6cer badge number 16.2627 Q: Okay. WhatwasthedateofyourhirewithBPD?2829 A: Seven-one-1991.3031 Q: Do you have any prior law enforcement experiehce?3233 A: Yes.3435 Q: And, uh, with who and length of experience - length of service?3637 A: Um, Richmond PD, approximately two years.3839 Q: Uh - which patol operations team do you work?404l A: Patrol.42'3 Q: Uh, whieh team?45 A: Team tlree. y4


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INTERVIEW WITH OFC. GWENDOLYN BROWNlnterviewer: Sgt. Hong02-1416:17 pn

Case# 2013-08510PageZ

4647 Q: What are the normal days worked and normal hows worked? For team three?4849 A: Monday through Thursday, uh, the shift starts at - 1530, ends at 0130.5051 Q: What mea or beal were you assigned to?5253 A: Beat four.5455 Q: Okay. And, uh, when i say specifically at a panicuiar shift, what we're56 refenin'to is the date of ineident, which gonna be February 12, Tuesday, and57 it occured sometime, uh, just before midnight, and what - we're gonna be58 referring to that shift. Okay, Tuesdaythe l2th, actually. So on, uh, Tuesday59 the L2th,uh, which beat were you working?606l A: Beat four,6263 Q: Thank you. And, uh, who were your zupervisors during that shift?6465 A: Officer, ub, (Cardoza) * and, uh - I'm sorry, Sergeant (Cardoza) and Sergeanti6 (Ross).-6768 Q: (Ross). Are they your normal supervisors?6970 A: Yes.7t72 Q: When was the last shift you worked prior to Tuesday evening's shift?7374 A: tlh, the Monday shift,7576 Q; Got it. All right, and it was the same time frame?7778 A: Yes.7980 Q: Do you hold any secondary employment?8182 A: No.8384 Q: tlh, did you work any overtime, ul1 prior to Tuesday's shift?8586. A: No.8788 Q: Haveyoutakenanymedication? [nrecenttimes?I A: No. 31S


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INTERVIEW WITH OFC, GWENDOLYN BROWNInterviewer: Sgt. Hong02-1416:11 pm

Case # 201 3-085 l0Page 3

9Le2 Q:9394 A:9596 Q: Do youhave any medical conditions?

Ask it anyways, have you consumed any alcohol in the past 24 hours?No.

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No. Just prior to Tuesday's shift, when was the last time you slept? And howlong, and between what hours, if you can recall?okay, it would have been at Tuesday moming, when I got off. Probably wentto bed about 3:30 am, and - woke up probably about 9:00 am.Okay. Did you sustain any injuries druing the incident 'I believe I hyperextended my left thumb, my dght forearm is still a littleswollen, and my left shh I'm sorry, right shoulder - is still sore.Okay. Do you wear any conective eye glasses or contact lenses?No.Now starting at the, uh, frcnt belt buckle, going clockwise, can you describewhat 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 pouch-Okay.And my handcuffcase.Okay.

1,26 A: I think I Put that onthere.Did your duty belt or duty gear sustain any damage? .No.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.

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INTERVIEW WITFI OFC. GWENDOLYN BROWNInterviewer; Sgt Hong02-14/6:11 pm

Case# 2013-08510Page 4

'L36 Q: Okay. And what kind of markings and emerger.cy equipment is on this137 vehicle?138139 A: tIh, emergency overhead lights, uh, there Erre, um - markings on the door, thel4O BPD emblems on - the passengff as vrell as the driver's door. And there's at4l Berkeley Police printed on the back of the trunk lid'fii Q: okay. Do you nonnally drive this particular vehicle?144145 A: For the last two weeks, Yes.t46147 Q: fue you a single ofEcer car or a paired officer car?148l4g A: Single.150151 Q: The incident - when we refer t9 it.al the incident, it's regcrdin8, {r, the -LSZ incident that occurred on, uh, Tuesday, the - February 12, time of report being153 2349hours. lncidentlocationis2l16AllstonWay,aparfitent5l4,hthecrtylS4 of Berkeley, and the, uh, involved person of interest is Mr. (Xavier) Moore.-5 Okay, so when I refer to Mr. Moore, I mean Mr. (Xavier) Moore. And he's

the person that was - is deceased. Okay?157158 A: Yes,i59i 60 Q: All right, um - you have completed a - you - a preliminary, uh, police r9port161 for this incident, is that correct?t62163 A: Yes.164165 Q: Okay. And I'm holding it in my hand. It is complete, correct?1,66167 A: Yes.168l1g Q: Okay. Good. All right, so - wete gonna - start talking more in detail about170 the, um - about what happened before the incident, druing the incident, andt7l what happened after the incident. So if you can, uh, tell us, um - um - you172 heard a radio broadcast regarding a call for service? Is ttrat conect?173174 A: I was {unintelligible)...l7s176 Q:t778A:r/9

Regarding this incident?Yes.

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INTERVIEW WITH OFC. GWENDOLYN EROWNInterviewen Sgt. Hong0?-1416 17 pm

Case # 201 3-085 I 0Page 5

180 Q: Okay. Couid you describe that radio broadcast and what inforr.nation you181 leam*d from that broadcast?182183 A: I believe it - it came out as a 415- Between, ub, roornmates'184185 Q: Any call detaiis regarding this dispule or 415?186187 A: Well, I - I check my NDT, um, uh, sometbing (unintelligible) refenin' to the

I SB roommate was sshizop'hrciriq; gff his meds, and had * kicked the roommat e189 out, Ibelieve.i9091 Q: Okay. And; uh, this, uh; incident occurred on your beat?g2 A: Yes.g1 Q: Okay. And you responded to this, uh, broadcast or assignmentl

A: Yes.gg Q: Do you recall who else was assigned this, utt, ulr, broad- who else was'l assigned this, uh, particular call along with you?

A: I believe Officer Smith was assigned as the cover officer.'Q; OkaY.A: And Officer Tu attsched himselfto the call.Q: All right. So you arriwd at thrc location?A: Yes.Q: When you first arrived, what were yoru observations? lnitial obseruations?A: [rh, the Rp, who was supposed to be waiting outside, was not outside.Q: Okay. Um-whatdidyqudo-whatdid5noudo?A: Well,um,OfficerTu-OfficerTupulleduprightbehiudme. Um...Q: OkaY.A: t pgnched in the, uh, number, the apartmerrt number, but didn't get, uh, anyrespousq. I - contacted, uh, control and asked that they call the RP and havethem let us in.

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INTERVIEW WITH OFC. OWENDOLYN BROWNInterviewer: Sgt. Hong02-1416117 pm

Case# 2013-08510page 6

225226 Q: Okay. At whatpoint did Officer Smith arrive?227228 A: I believe he arrived right after, uh, the H, ffi. Hayes, who walked up.229nA Q: Okay. So you asked for radio to, uh, recontact Mr. Hayes,as yau say?231232 A: Yes.233234 Q: H-A-Y-E-S, who was the reporting party" and eveutualln you made contact235 with him.236237 A: Yes.238239 Q: And was that in the steet or in the apartrneat or in the complex?240241 A: Right out in front of the complex.242Z4B Q: Okay. And so did * do you have a oppotunity to. speak with Mr. Ilayes?"4 A: Yes.246247 Q: Aad could you recall vrhat Mr. Hayes told you at that time?248Z4g A; llh, he said that he was the one that called and that, um - his roommate had250 kicked him out, and that he was schizophrenic, offhis meds, and he needed to251 be, uh,5=1'f0l252 Q: DidMr. Hayesusethattenn,i5-150?54255 A: Yes.2s6 Q: Gotit. Okay. Anything-anyfirtherinformationthat-youcanrecall? That

he told You?259Z5A A: That - well, I asked rvhy did he, rm; kick him out? First I asked was he, uh, a261 tenantthere.262265 A: And:he said he was, I asked was his name on the lease? He said yes. And I266 said, "Well, wtry would your roommate kick you out?" He says, I'Well, he's'"7 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 toldme26.9 to get out.'I Slg


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INTERVIEW WITH OFC. GWENDOLYN BROWNInterviewen Sgt. Hong02-1416:17 pm

Case # 2013-08510PageT

Got it. So eventually, uffi, uh, he led you to the apartment? Mr. Hayes?Yes.Okay. And you went up to the apartment on the stairs or the elevator?Elevator,Okay. And it was apartment 514, conect?Yes.Okay. So, um - and the f- and you, Officer Smith, and Officer, uh, Tu, uh, Tuis T-U, uh, you guys went uP together?Yes.Okay. So when you reached the aparlment, was the door open or door closed?Closed.Okay. Um, could you describe the - your surroundings just outside theapartnent? Briefly?Ilh, this is alarge, um, multi-apartmentcomplex. um, we wele onthe fifthfloor. And it - its sorta designed iI}- like a rectangle shape, and there's abanister ail the way around the,,um, the floor. And the apartments are-there's a- I gUess average walkway around the entire, uh, square or rectanglewith, um, banisters. Urq there's an open * plaza-like area at the - the bottom.That's about-..Okay. And is ttre, uh, door to apartment 514 more on whictq uh, side of thebuilding? North, east, west, or south?More on the north.North side. Okay. So you reached the apartment doot, again, I'm sorry, wasthe door closed or oPen?Closed.Okay. So what happened - immediately when youarrived at the door?

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INTERV I Ew wrrH oFC. "*,:Hi,?iHrH?H02-1416:17 pn

Case # 2013-08510Page 8

Wq uh, um, I aske4 uh, Mr. Hayes did he have the keys? He said he did' Heunlocksd the, uh, door, opened ii, and I asked.him to step to the side. And atthatpoing I called into, uh, Mr. (Xavier)'Okay. So, uh, hdr. Hayes unlocked the door aad he opened it for you"'Mm-hm.... and ttroughthe open door, you called out to Mr. Moore. (Xavier) Moore.Yes.Were - at - were you able to see him when the door immediately opened? Orhe was - not visible?FIe was not visible.okay. when you say you called out, what did you say? uh, if you can recall?I - I believe I said, um, "f,Kavier)?" And this person caste to the door andopened it.Okay. Uh -now could you describe (Xavier) for me'Was, uh - I - initially thought it was not (Xavier), because l.was expecting to,"" u *. Uh, this Was a fair-skinned, uh, probably about five - seven, fiveeighg heavy-set woman, or looked to be a woman, had, uh, gray extensions allthl way down the back. Was in a, uh, sort of like a tube top animal print and awap-around skirtthat was also animalpdnt.Mm-hm. Okay. Um - did he have make-up 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.Okay, And when he - from now he's met you at the door. You said that heopened the door a little bit fiir'ther?Yes.Okay. Um - okay, now what kind of conversation did you have with him?

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INTERVIEW wrrH oFC' 9Y};?SlHrtl?H02-1416t17 Pm

Csse # 2013'08510Page 9

I told him we were there because his roommate called and said he was thrown.r,, *O f said, "You wanna tell me whafs going on]r' 1!1d

h1's standing atthe door, and tre started talking about things aUout the FBI and, uh, he didn'ti.rf ,uf., and * and I was, 'W-eU, why don't you feel safe]" . "Y*ll, you*Jout"o* fro* the FBI is, and they're - they're following me." And then he - heJart caltin' me different ,u*.t, like Gail and Cmol and it was one othet name,I believe Wanda, and - I told him I wasnt - either of those people, and he was;;y*! ,'Yy'ell, I see them right behind you." Aad then he starte{ talkin' aboutairoru,rr, - so - I kept tryii' to bring him back to the convers-alion as to why,urn, we were there, and * and I said, "Why - why -,why would you kick your,oolmate out?,, ,iOh, he's fin' stup1d," and I think he - at one point - or he -at one point called him crunchy. And said, "okay, crunchy, af-e you goilu|jfttt?'; And, and Isaid, "Who's Crunchy?" A"d lt pointed over to Mr'Hayep And then he started talkin' about the FBI again' And"'Okay.So-uh,iflmyinterject,,olvq'-Moore,who'satthefg,or'istalkin'uUout tfr. FBI, not feeiing ,afr, b*iog followed, catling you different ruunes asthough he recognizes You..-I\4m-hm..,. dinosaus, et cetera. was - while he was saying these thing-s to ygu, an{while - whiie you wefe tryin'to bring hlm back on track, was he at that point,umr or was-he animated, was he agitated, can you describe his demeanor?very, um, theatrical? Because he had his hands in the doorway, kinda likemf., *O he's - he's just like - kept doing like this, and - you know"'Sauntering? I don't know, explain this'Pretty much, You know, and."Okay. Yeah.... kept throwing his braids back and"'okay. Theatrica]' okay, okay. And he was able to see Mr. Hayes, 'cause hecalled him CrunchY, um--.

okay. All right, so the conversation continues in this fashion?Yes. '

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INTERVIEW wlTH oFC' GWENDOI-YNIR9yNt"'*''[i:;;fu:,T'#Case # 2013-08510

Okay. What is Officer Tu and. Officer Smith doing at this point?officer Tu is standing, um - standing by, um, officer smith is - taking downMr. Hayes' information and pointing him - um - af - at one noinf - ^informea me thathe had an outstanding wafratrt. I believe it was $5,000' Andasked if I wanted it confirmed, and I said yes. And he said it wil} probablytake a little while, because it was a manuai rvarrant, and San Francisco wouldhave to * activate it manually, something to that effect. So once it wasconfirmed, you know, I told him, "okay, you can take him down- on down tothe station."Okay. So youlre talkin' about Officer - Officer (Brandou) Smith, who ran arefetence check using his police radio, is that correct?Yes.And on Mr. Hayes?Yes.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 Smiththat you wanted Mr. Hayes arested for the warrant? Is that correct?Yes.Okay. Um - 81d, uh, did Officer Smith run any inquiries on Mr. Moore at thispoint? Or...He actually, um, did a check - prior to going upstairs'Mmm.Uh, he went back to his car. When - when Mr. Smith - ['m sorry. OfficerS#m arrived, he asked, um, what was the name of the person we were goingio "ont*t, he said, "Is his name (Xavier) s- fXavier) Moote?" And I said,,,r,os.,, He said, ,'Well, he has a $10,000 warrant out of San Francisco." Isaid, "Well, this particular individual just moved from San Francisco'" Andhe sajd, "Let me go back to my car, just to make surc." He went back to thecar, did something bn the NDT, he came back, and we just - we all wentupstairs.Okay.. At this point, in your mindset, while you're on the landing with Mr.frfoor., you're it iot i"g this gentleman, lur. Moore, has the warrant for hisanest' szs

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TNTERVIEW WITH OFC. GWENDOLYN BROWNinterviews: Sgt, Hong02-l4l6tl7 pmCase # 2013-08510

Page I I

Yes.Is that your mindset? Okay. Um, so after, uh, Mr. Hayes'warrant wasconfirmed, did - uh, did Mr. - did Officer Smith leave with Hayel?Yes.Okay. And r,vhile Officer Smith Ieft with Hayes down the elevator out thebuilding, you were still on the landing speaking with Mr. Moore along withOffrcer (Ken) Tu. Correct?Yes.Okay. So now Officer Smith is now gone with Mr. Hayes, now can you -canyou now tell us the story about - tell us exacfly whafs now happening fromthere * that point forward?LIh, I'm still tacking with NIr. Moore, and - he's - he's becoming a little moretheatical, and talking aboutthe FBI, and continuing to call me other names...Ivlm-hm.... of other people.Mm-hm.And I - at that point, I - looked at Officer Tu to let him know, um - we'IEgoing to take this person in. You know, and, um - so he moved over to him,Iod l-.uid, uWell, Itd.. Moore, you have a warrant, and we need to go take careof this." And he says, I'No, I don't have a waffant-" And, uh, I said, "Well,yeah, yoU do, and we need to go down to the station and get it cleared up, and*l' "Well, I need to go inside and call the FBI to get this cleared up.Hmm.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 phonehere., And I said, "we really need to go, and- and lefs go on down and justget 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 twohands,onhim.Mm-hm. x24

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And I had one hand, and he literally just pulted us forward.And we both stillh*gid;;,;a rc ilterarv drug us'into the apartment' and we fell on a

matlress that was on the floor.Mm-hm.And we,re still trying to - to, um, restlain him- I was able to gel .my cuffs out,*a Omr., fu had one hani, *d I ** able to get onE "sol him' but' um'Irdr. M;;;;b*ied his - Uiu r"*ona arm up undei him, and we're strugglingoring to get -his ur*, *d telling him; "-S1op-resisting' stop le.,srsting'" Atthis_ utfii, p-oint, he,s p"ltid up [kI thil and-when you get up like this,I lookedup, and there was , g.ntfJ*in sitting in a chair. Just sitting there, looking out- and I said, ,,Get ouq;-;i I - because I didn't know if he was going to attack,r, ;d it *as ro, nmt.t ,uftry reasons' So - he complt:d' 1".9:t right up andwent out the door, ,na i- gulted my mic and I called for additional units'Andthe struggle ** rtitf irr, and * I called again, "Code.three cover, code*ro oor*, iiaitiora *itr.i Arrd other of6cers responded, aud they helpedus get, um, Mr. tvtoor. io ."fft, and - because of his large size' we end upusing two sets of cuffsMmrn.And - prior to tha! um, we lrrrere Pi"g-P get - get his arm free'.and then heg*r, .'da-y, otuy," fG, "Okny, I'm -1'* - I'm not going tolgsist any more."And we,re able to get tfr" cuffs on him. But he continued kicking and bulking'

Okay.And I believe Sergeant Phillips came"'Can I intemrPt at this Point?Mm-hm.Before we're gonna leave offhim. Just backtrack a little to get a little bit moredetail.Okay.so you informed it[r. Moore that he had a warrant, that he needed to go' lt's.trar tt ut you were tetling Mr' Moore that he was under anest?

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INTERVIEW ltrITH OFC. GWENDOLYN BROWNInterviewer: Sgt. Hong02-1416..17 pm

Case#2013-08510' Page 13

Okay. And Mr. - m- to your - to your, uh, recollection, Mr. Mooreunderstood that you were intendlng on arresting him, is that correct?Yes.Okay. And when he wasnt complying, when you were tyin' to, uh, useverbal judo and get him to comply, he wasn't complying, he wanted to stepinside and cali the FBI and clear this up. But eveutually you felt necessarythat you guys had to take a hold of Mr. Moore, is that correct?Yes.All right. So you -you said Offlcer (Ken) Tu took one ann and while youtook the - while you took the other. Do you recall which arm you took?I was on the side, so it would have been his right.Hip right. Okay. And Officer Tu took his leftYes,A:rdthen you- earlier, you motioned where rvhen onbe, uli, you both of yougot 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 thatcorect?Yes.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 intothe apartment?Initially, um, we're going backwards into the apartment, and I believe hestarted to tura sideways, and at that point we fell.Okay.And it was onto the mattress.Okay. Could you describe this mattoess to the best of your recollection?It was.a twin-size, uh, mattress that was on the floor'

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INTERVIEW WITH OFC. GWENDOLYN BROWNInterviewer: Sgt. Honga}4ak]j piPage 14

584 Ql Okay. Though - was there - bed's - bed, uh, frame or anything like that?s85586 A: No.587588 Q: Okay- So when you said you fell, so Mr. Moore, did he fall on his back, or589 did he fall on his - on his front?591 A: He fell more on his stomach, partially sideways.5925g3 Q: Oh, okaY' All right. What...sg45g5 A: Because I was on this side of him.s96597 Q: You were on ttre - now his left side. You're describing.598599 A: No,I'm still on the right side of him.600601 Q: So he's falliag on his stomach.'.602)3 A: This way,104605 Q: onto the mattress.606607 A: Mm-hm.6086A9 Q: Now you're on Mr. Moore's right side.610dl I A: Ih stilt on the same side I was on on - when I was ouiside the - the door.612613 e: Gotit. Okay. Gotit. Llhsoyoufell. Washisentirebodyfellonthe614 matrress? orjusthis,uhmaybefromwaisthigh? canyou-canyou-615 make...616617 A: No, his entire bodY.-.6186Lg Q: His entire bodY- feli.620621 A: .-. his entire body fell on the mattress.622623 Q: So You fellalong with him?624525 A: Mm-hm.

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INTERVIEW WITH OFC. GWENDOLYN BROWNlnterviewer: Sgt. Hong02'14t6:17 PmCase# 2013-08510. Page 16

All right.Or up and down, up and down, because Officer Tu was partially straddledhim, and he's just- balking like a horse.okay. okay. Got it. And is officer Tu, what was his positioning?- wu: l.tike, uh, uh, Officer Tu, was he using his weight to try to control Mr. -Mr',uh, Moore?I would - I would have to speculate that that's what he was doing.Okay. All rigbt. So he's - okay. Um - md, uh, Offiser Tu, to yourknowledge, hels - he's, uh, over six foot would you say, correct?Yes.And Offi,cer Tu is over 200 pounds, would you say?Yes.Okav. And would you consider Officer Tu a strong person?Yes.okay and you're saylng to yow - at the time, when only you and ofEcer Tu*# tfr.r., were you uira dm.*t Tu, and who - Officer Tu is a l- rather largeand strong-officei, were you have - were you - the two of you having adifficult time controlling lv{r. Moore?Very difficult.Okay. Got it. Um - so - at - s- at a certain point, you decided you neededmori assistance. Isthat correct?Correct.Okay. So you used Your radio?Yes.To, uh, ask for additional help? The first radio brad- broadcast you made forhelp,yhafdidyou-doyourecallwhatyousaidontheradio?[Jh - uh, send additional offtcers. 329

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"*#-,'JL-ilf,Tage 17719720 Q: Okay. All right. Um - and after you made the radio broadcast, you went back721 to the - trying to resffain I!{r. ...722723 A: I - I stilt had a hand on him.724125 Q: Okay. All right.726727 A: When - even when I made the radio * call.728729 Q: Okay. Okay. Um - would you say, uh, Mr. Moore was, uh, kicking you, uh,BA or Officer Tu at all at that point? Or...731732 A: He was kicking - he was not kicking me, because I was closer up, um,733 towards his shoulder area.734735 Q: Okay.736737 A: But I could see him kicking.73819 Q; Okay. Allright. Didyouatanypoint,wereyouatall-puttingyour,uh,body weight on his l- uh, on his neck or on his chest area during this touble?741742 A: I probably was putting my weight on - on his - his shoulder blades.743744 Q: Shoulder blades. But not directly on his chest or directly on his neck or his745 head. Correct?746747 A: No.74874:9 Q: Okay. Um, and, um - well, you're - the struggle continues, md - at * did750 additional officers anive?751752 A: Yes.753754 Q: Oka)r. Do you remember which officer entered first to assist you and Offrcer755 Tu?756757 A: I don't remember which one.7s8759 Q: Got it. And adish- and - um - thereafter, at the time that you, Officer Tu, and760 the additional officers were able to successfully handcuffMr. Moore, about76I how mafl.y officers were there at that time when the successful handcuffing\2 took place?t63

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"*"u'o'11;.ti3I think probabty - two? Possibly three. iOkay. So a total of five at that Point?Yes.Okay. Do you remember who they were? At"'Um- Officer Mathis?Okay.officer Gardner - and I don't remember who the ottrer person wasOkay.At that - at that time.Alt right And so you said that you Yele - that you were able lo take trvo;il;ff r;ts, Iinhthem together, and do a double set, uh, handcuffipg of Mr'Moore, correct?Yes.

Okay.So,um-Mr.Moore'shandcuffed'Allright?Now-ishecontinuingYes.okay. Do you know if there were any other restraint - uh, restraint attemptsUein! made by aty other offrcers on IvIr' Moore?[Ih, just trying to hold him down'Just hold him down'Mm-hm.Okay. And, um - during - as you describe, &, *' uh - tryingto keep - ori;i&g 1dr. Moore to*[., did you witress any gther offic-ers, utr, use theirweight to, trh - oo - on ttir. Moore's chest or neck or head area or stomach*"Jto holding hirn down? Putting their knees on cerhain areas of Mr', um,Moore at all? bid you witness any of that?

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INTERVIEW WTTH OFC' GWENDOLYN BROWNInterviewcr: Sgt. Hong02'1416:17 PmCase # 2013-08510Page 19

809si, e: What did - aparrment- what were the

(uninte[igible) using io hold Mr'811 Moore down? The"'8t2813 A: Their hands'814g I 5 Q: Their hands. okay. And they were holding primarily what parts of Mr'816 Moore's bodY?817g1g A: I beiieve officer Tu was still staddled him, and I don't know which officers,819. but someone was holding his legs'8208Z1Q:okay.Allright,somebodywastryingto...822823 A: Trying to holdhis legs down'824875 Q: "' keep - keep - keep his legs doun'826827 A: To keeP from kicking''28 Q: OkaY'830831A:Andlwasstillnyingg;holdhirn,justholdontohim,becausehe_hewas832 stitl bucking PretlY wildlY'31i Q: okay. Allright. um-doyoulnowifthelegswereresfrainedinany835 manner? Do You recall?lit A: Not until, um - the sergeant arrived with a wrap838840841 A: Axd they were able to use the strap' the ankle strap"842843 Q: OkaY.844845 A: "'to restrain his' um -1is'enkles846 r r.847Q:okay.Solo3sawthathisank.Mr.Moore.saak|eseventrrallywas-you-S4Sthestraportnew,apdevice,.uh,Tousaweventually,youSawthatthestrapg49 was ,u""rr*n itf pl'"r.4 on ifte - h- Mr. Moore's ankles- ts that correct?850351 A: Yes'852 $z


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tNrERvrEw wrrH oFC. "Y}ffimr-_l.#Case # 2013-08510

Okay. Now * unl - do you remember which sergeant brought up this wrapdevice?I believe it was Sergeant Phillips.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. Moorestill struggling? Or continuing to resist?Yes.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 washandcuffed 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, "Okay' Okay'' Like hewas gortrg to stop, um, resisting.okay. But during that, um - well, let me ask you - if you iq recal[. Fromthe time that the doorwuy, when you and Offtcer Tu first tried to take a holdof Nk. Moore and he, uh, backed into the apartmentand the struggle began tothe point where other officers arrived and assisted and you - and the officersand yourself were suocessful in handcufling Mr. Moore andrestraining hislegs, uh, how long do you think that period of time was? To the best of yowestimation?I - no. It - it seemed like forever.Mm-hm.Uh, I honestly couldn't tell.Okay.

I honestly couldn't.K- you cant give an estimation in minutes or seconds?It just seemed like it todk forever-Okay., Um, during thatperiod sf time...

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898 Q: ... was Mr. Moore yelling?899900 A: I don't recall him yelling.901gA2 Q: Okay. Washe*using,uh-washetellin'you*youandotherofficers903 anythiilg? Was he verbalizing anything'?904905 A: I don't recall - only the - thing I remember him saying was, "Okay. Okay."331 Q: okay. All right. And when he - when he said, uokuy, okay," did he actually908 stop?909910 A: He Slowed down.,.911gl2 Q: Mm:hm.913gl4 A: ... just enough for us to - when we were putling his arm out, he said, "Okay,915 okay.n Andsohekindofrelaxedalittle.9161,7 Q: Uh-huh.8glg A: And then it was on again.920gZl Q: Onagain. Okay. What-didyou-duringtheperiodfrom-again,thegZZ doorway to the time that he was handcuffed, during that struggle when yougZ3 (unintelligible) period, did you - did you yourself and or hear other officersgZ4 give verbal commands to Mr. Moore? And if so, what were those commands?925926 A: I know Officer Tu kept telling him, "Stop resisting, stop resisting." We both927 did.928g4g Q: Okay. Um - do you recall any other officers saying anything to the best of930 yourrecollection?931932 A: I-I-don'trecall,933934 Q: "Stop resisting," was - you heard, "Stop resisting'" And...935936 A: Mm-hm.937938 Q: ...you said it was (unintelligible).q3g+0 A: Yes. ,941 334


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Okay. All right. During that period from the doorway to the time that youwere - were able to successfully handcuff I\4r. Moore, didl\&. Moore at allverbalize to you that he was having trouble breathing?No.Did he ever at all tell you that he need - that he was hurtin' in in any way?No.

injured in any way?No.Okay, Um - um * so. Now he is handcuffed, and his legs are reshained. LIh,at- at* at a certain point, does he - stop resisting?Yes.Okay. Describe how that came about.Once, uh, his legs were restrained, he - resisted for a while. And then he juststop.ped, Kindalike - like he was going to take a rest.Okay.And I am * I s- just - k"pt watching him:Okay. When, uh, when he took his rest, as you said - as you put it, how washe resting? His body position?He was partially dn his side, um, and partially more - like - halfiray on hisstomach? Halfway on his side.Okay. Atl right. So * you - he wasn't completely on his stomach or face 0t...No.Okay. He wasn't completely on his back. He was essentially more so on hisside. Do you remember left side, right side? Do you recall?It would have to be - it would have been the left side.

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986 Q: Left side? Okay. And so there's a * time when he's takin' a rest. Okay. And987 what happens during this rest period? What happens next?988989 A: I'm.watching him, and - I don't see his chest moving. So I said, "I don't think990 he's breathing." And so we pulled him over completely on his side. And I99L could see his chest start - starting to move.992gg3 Q: OkaY.994gg5 A: And I say, "Okay, he's breathing." And I checked pulse. And he had a pulse.996997 Q: Okay.998999 A: He moved his head a little, like this, and...10001001 Q: So he shrugged his shoulders, shook his head a little bit as you...10021003 A: He -he moved his head, I remember.100411105 Q; ... (unintelligible)' AU right.J6 A: And...

1008i009 Q: Were his eyes open? I'm sorry. Do you recall?10101011 A: I don't recall.tot21013 e: Okay. Was he - w- chest is going - chest is moving was indicated for * to1014 you as what?10151015 A: He's breathing'1017l0l8 Q: He'sbreathing. Okay. Allright,so-yousawthat,youmovehimonhisside.10191020 A: Mm-hm.t02t1022 Q: So what haPPens next?10231024 A: At that point, I just kept watching his chest't0251026 Q: OkaY.t027.\28 A: Axd it was probably about - probably about a minute, 'cause it was a short2,9 time there after - I notice his chest wasn't moving anymore, And I said, ''liO:O don't think he's breathing."

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INTERVIEW WITH OFC. GWENDOLYN BROWNInterviewer: Sgt. Hong02-lN6:17 pmCase# 2013-08510Page24

Okay.And I checked fOr a pulse, I said, "[ can't get a pulse, I can't eet a.pulse,"'and -they were like, nlet's getthe cuffs off him, get the cuffs offhim'" Weimmediately took the cuffs off and - pulled him over on his back...Mm-hm.,.. but the matbess was so soft, we pulled him onto the floor"'Right..-. to start cPR. And, uh, called for code tt[ee cover - I mean code - codetbree for BFD.IvIm-hm.Because we,d achrally called for BFD earlier, because we wanted, um - thewrap wasn't large enough...Mm-hm.... to restrain hirrU and we needed reskaints. And, um - [ believe it wasiogeent (Amber) who got on the radio an{ said,

uGethiy herg code thtee.r',Caise I -'I - I yelled out, "Code tlree, code three, code three, he's notbrreathing, code three' "Mm-hm.And I heard her on the radio- Um..'Making the request for code three"'Mm-hm.... Berkeley fue Paramedics.Right.okay. Got it. All right. And so now Mr. Moore's onhis back. who's -whot givin the chesi compressions, do yourecall?Uh, Officer Tu.

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INTERVIEW wrrH oFc. "Tfl?[lHrt]flH02-1416:11pm

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Offrcer Tu? Okay. Um, and what were - what were you doing at that point?At this point, I - I held his head to open up his airway.Okay.And I said, "someone run downstairs, get a mask, get a mask. "And they said,"B - BFD's here."I see.And then, um...Mask rneaning the - the breathing safety apparatus thing,Right.Right. Okay. Atl right, So - um - uh- at this point in juncture, while the,uh, CPR is - is being, uh, done on Mr. Moott, uh, to the best of yourrecollection, do you recall who the other officers other thatr you pnd OfficerTu and Officer Phillips, uh, do you know who else was in the room duringthat period time still?I thiilk it's Sergeant Phillips.['m sorry, Sergeant Phillips.Officer lvlathis...Okay.... and I believe Officer Gardner'Okay.

And I don't remember who else.Do you - do yOu recall any other, uh, supervisor or sergeant rank there intheroom?Uh, at one point, I know of, uh, Sergeant (Cardoza) was there, but I dontknow if he was there doing the - CPR or not.

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INTERVIEW WITH OFC. GWENDOLYN BROWNInterviewer; Sgt, Hong."#-j;"li-l3rPfiPage26

1119 Q: Okay. So - you're tending to the, uh, Mr. Moore's, vh, aiT way, uh, Officer Tul12O is doing the chest compressions. Eventually fire department paranaedicslI21 arrive, conect?1,1221123 A: Yes.112411ZS Q: Okay. And - if I may just speak on yoru behalfl they're loading hi* ry on thet126 gurney, and they take him away.1127I 128 A: Uh, ttrey started - uh - they took over the chest compressions andll29 administered oxygen. And they * they continued doing that, and, uh - they1 130 moved around the mattess and the bedding to get the gumey in there...1131ll32 Q: Got it. OkaY.ii:r:- A: ... md, um, got him onto the gurney and took him on out.11351136 Q: Okay. And once the fire pararnedics and Mr. Moore have now exitedttre1137 aparfinent, what's happening now?

A: Uh, I - I believe I told - the sergeant, uh, "We need to get an I.D. tech up1140 here."n4lll42 Q: Mm-hm.It43ll44 A: Um- I believe Sergeant (Cardoza) started'assigning officers to do, urr,I 145 contact the - the neighbors, someone was assigned to contact urn - Mr.1146 Sterling, that's the individual who was inthe apartmenl1t47t 148 Q: OkaY.Lt49l l50 A: ... initially. And I do know Officer Smith, he ran back upstairs. When I called1151 for cover.11521153 Q: OkaY.n541155 A: He was there also-I 155ll57 Q: Officer- Mr. Smith. OkaY.1 1581159 A: tjh...I 1605l Q: 'Cause he was there early on, (unintelligible).'.rt621163 A: Yes. 339


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11641165 Q: Okay, All right. Um - and then, uh, while all of the other officers gettin'1156 tasked with assignments, uh, urn, whatwere you doing before you actually1167 had left the property and went back to the station? What was your role at that1168 point?Lt69lfiA A: I was talking with Sergeant, utu Phillips and Sergeant (Cardoza), because, uhllTl - she staled somsone needed to - follow *re arnbulance, IIh, to the hospital.l172ll73 Q: Mm-hm.11741175 A: And, um - Officer Tu volunteered to go, and she's she's really concernedIt76 about his, um, well-being, because - he was s- um - sweating, seemed to bell77 out of breath, 'cause he had been doing the chest compressious...I 1781179 Q: Mm-hm.I 1801181 A: ... and I notice he - he kinda limped a liffle bit, knowing that he had back1,182 surgery...

83-184 Q: Yeah.1185I 186 A: ... and I ask him, I said, "(Ken), are you sure you're okay?" And at that point,i 182 she said, "'We should get another officer, um, to f- to go," and I'and I believe1188 Sergeant (Cardoza) said, "Eithet one of you guys go." You know, and I said,1i89 "f'm stayinghere till this scene is secured-" And so (Kea) said, "Ill go." And1 190 um - Sergeant (Cardoza) was like, "You need to go to the station. You needI 191 to get - you start writing. You need to go to the station and start writing." I11,92 saido "I'm not leaving tilt the scene is securt.rr He said, "[ have - " Offtcer1193 such and such, I don't remembel who it was." He sai{ "He'11 secure the1lg4 scne," Atthat time, the I.D- tech ceme. And I left-1 19s1196 e: ' Mm-hm. So you left and went backto the station to prepare...11971198 A: Yes.I 1991200 Q: .., police report? Okay. Okay, Who was the scene supervisor to your - to1201 your knowledge, who was the supervising officer on that incident?12021203 A: Being that it was my - beat, I considered Sergeanl uh, (Cardoza), because1204 he's mY sergeant."120516 Q: I see, okaY.7207

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INTERVIEW wirH oFC tY#,?3lH#flH."#-,i-13:llmPage28

... um - just because, urn, Sergeant (Amber) got there first, I didn't consider -she was the scene supervisor till he got there.I see. Okay. So ultimatelily, Sergeant (Cardoza) was the scene supervisor,um:"That was my impression.... of that - of that incident. And even in you impression as well. Okay.Yes.Great. All right. Um - um - during, uh, the entire episode, the incidentinvolving, 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 openhand?No.Did you witress any other offtcers doing the same?No.At any time, did you hit Mr. Moore with, uh, your ASP or - or wood baton?No.Did you witness auy other officers do the same?No.At any time, did you strike Mr. Moore with any other blunt object, whetheronyour duty belt or in the aparffirent, uh, Mr; Moore?No.Did you witress any other officer do the same? ,No.Did you OC Mr. Moore?No.Any other offrcers? 341


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INTERVIEW WITH OFC. GWENDOLYN BROWNInterviewer: Sgt. Hong02-1416:17 pm

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No.Did you at - did you discharge your firearrn at Mr. Moore?No.Did you - did any other officers?No.Did any other officers - yor1 yourself or any other officers use your firearm.as a blunt object? lNo.Okay. What about kicks? Did you kick Mr. Moorc in any fashion?No.What about any other officers?No.Okay. Um- let's see. I'll take apause, and...(Gwen), uh - I know you mentioned that Hayes had said somethingdownstairs about, uh, Mr. Moore usiug drugs, drinking all day' When - inyour co.ntact with him, did you see any sigus or symptoms of, you know,influeuce of drugs or alcohol that you couldtell?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 wasgorng on with he and his roommate, he kep talkin'about the FB[, aud - callinme these other narnes - and dinosaurs, so - it was - at the point where -.I felt

. like, uoh, he - he maybe5l,S0'here." He's - he's defiuitely irot makin'anysense. And then again, his roorurrate,'I - I had the knowledge that he hadbeen doing drugs quite a bit that day, so I was under the impression that he'sprobably Fetfy high and -...5{50=all*in one.Okay. fuy - any physiological signs that you recall? tlh--.No.

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1297 Q2 Okay. Um - when you mentioned the - when he kinda pulled you guys back1298 into the - to the room and you guys fell on the matbess, can you describeL299 where in the aparhnent that mattress was?13001301 A: It's - it's on the floor, on the - I wanna say the norttr wall.13021303 Q2: Okay. Let me ask * I - 'cause [ - we had an opportuni. ty to go up there... '13041305 A: Mm-hm.i3061307 Q2: .., so I - when I picture it, and correct me if you just remember it differentiy,1308 but when you fust walk in, there's a - like a really small aknost entryway...13091310 A: [dm-hm.i31 1l3l2 Q2: ... with a bathroorn just offto the Ieft...

13 1313L4 A: Corect.13 l5:6 Q2: ... a small, short, nanow hallway..."-3171318 A: Mm-hm.1319t320 Q2: ... I'd call that goes into sort of a- living room? kitchen, everything but al32l bedroom are4 and then sliding doors that lead into avery small bedroornl3ZZ Thafs - they almost look - if the doors were open, Ild think it would almost1323 look like all one - not very bigroom?13241325 A: Right.13261327 Q2: But-uh...t3281329 A: So when you walk ttre - walk in, and the bathroom's to the left, this very short1330 hallway - oace you step into this living room area" the mattress was right here.1331 Up against the wali. This wall.13321333 Q2: Is that sort of - if you were to take &e hallway straight back, like right into the1334 * where the - what is that, the - maybe the norttr and the east walls come1335 together?13361337 A: Yes.] i38I Q2: Like stuffed in the comer?13401341 A: Yes. 343


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13871388 Q2: On either side of him.13891390 A: On either side of him.t39Ll3g} ' Q2r Okay. Okay. Um * I know you mentioned (Ken) was using his weight to1393 contuol Mr. Moore, and I was curious, does that mean- like his whole body's1394 laying on top of him? Or he's - using his hands in a specific part of his body1395 to kinda - hold him down and his weight like that?13961397 A: He's using his hands.13981399 Q2: Okay. And - and - you may have answered this, but - what part of his body1400 was he-did he have his hands?14011402 A: Weil, he still had - hold of the - the arm that we had the handcuffs on. So he1403 still had that - that hand, um, holdin'onto that one.14041405 Q2: Okay. fud - at the t- well, during the time he was on his stomach, or even -106 maybe a little bit cocked on his side, where is his face? Was it: wa.s his fdce+07 in the matkess or a$ray from the matbess or - how was that?14081409 A: It was facing - to the side. To the side.14101411 Q2: Okay.l4121413 A: That I can remember.14141415 Q2: Didit-diditappearhis-mouthandnosewereobskucted? Ornot1416 obstructed? Beeause of that? If you could tell?

14171418 A: I - I dont recall, 'cause h- he was so busy - resisting us.14191420 Q2: Okay. Um - do you remember any other supervisors or command present1421 besides Sergeant Phillips and Sergeant (Cardoza)? At any time?14221423 A: No.1424 Q2: No?14261427 A: Not at the scenet428+29 Q: Okay., Axd - had you - prior to this contact, had you ever dealt with IvIr.Moore or known of him or * just had any other contacts?

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INTERVIEW WITH OFC. GWENDOLY}I BROWNI**'ff:i;,T;#"#case# *,r";lTll

I had not had any personal contact with him, but I knew of him.

Um, his mother called the station, I beliwe, it may have been a month or soago, asking for a welfare check, and said that her son was =dSlgqdrum-she mentioned that he had a iot of issues going on, and could we check on hiswelfare? I called her back to let her know, um, Officer (Galvin) and I hadgone out, asd there \ryas no one at the aparhnent. So I called her bask to lether know. That was our - our finding.Do you recall what - the specific issues the mom was talking about?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$mgursre Hedmflt*ne*ritif{V. And she was concemed about, uh, thbroommate. She said he hung out with a guy &at he shared.an aparfinent within San Francisco, andthey eveutually got kicked out ofthat apartnent becauseof fightingan{ um-the argrments and* youli:now, she said somethingtothe effectthat San Francisco PD was really sick of thern, and she's glad thatstre was able to get him an aparbnent over in Berkeley, because she's heardthat the Berkeley police are much more lenient and tolerable.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 toldto leave at * that day when you fust arrived there? Remember, you said youwere fighting - you md - you and Offficer Tu were siluggling with Mr.Moore, and there happened to be a - sorneone in the room.Yes.Would ttrat be Mr. Sterling?YesOkay. 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.No.

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INTERVIEW WITH OFC. GWENDOLYN BROWN*"*''xrii,ff;,?;1iCase # 20 I 3-085 l0page 34

Okay. So you - you never - even spoke with Mr. Sterling, got a statementfrom him or anything else?No.Got it. So you - okay. And as you know, Officer (unintetligible) is the onewho obtained his statement after this.Yes.Okay. Um - um - (unhtelligible)?Just, uh - let me look at my notes. Uh, I know - that, uh - you answered thisquestion that you believe, uh, based on the information that Ofiicer Smith hadgiven you that Mr. Moore had a wa:rant. If yorl, uh, if he hadn't had awarraflt, would you have taken hfun, uh, for evaluation?Yes.And what would that be based on?Becaused otr, uh, his behavior.Did - in any time you wefe talking to him, at the threshold of his door, did heever appeal to have a problem breathing or express any - medical problems?No.Hgw do you feel about this incident? In.retrospect?I know that I didn't do anything wrong. I know the officers on scene didnt doanything wrong. But it still doesn't change the fact that a man is dead.Is that upsetting?Very much so. Um - my heart goes out to his family. Because despite *somqone's child died. So yes. It is very upsetting.Any other questions?

End of interview with Officer Gwendolyn Brown, 1913 hours.

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INTERVIE}V WITH OFC. CWENDOLYN BRO- WNInterviewerl Sgt' Houg02"1416:17 Pn

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In-Custody Death Investigation - Xavier Moore (Part 11 of 11)

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Transcript of In-Custody Death Investigation - Xavier Moore (Part 11 of 11)