In-Custody Death Investigation - Xavier Moore (Part 4 of 11). Interview with Officer Kenneth Tu...

7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 4 of 11). Interview with Officer Kenneth Tu (#38).

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CASE NO.

DATE

BERI{ELEY LOLICE DEPARTMENT

/3 - p*bt o(PRTNT)

s*tl- 13ealNr)

STATEMENT TO INVOLVED OFFICER:

Officer 1@ $ Eft\ "fir" , you are b"i"g represented hete at this interview by8rulrq

your attomey, You ate not in custody andyou ate ftee to(PRINT)

conclude the interview at adly time. You are flot obligated to answer auy questions.

Arry answers you do give may bq used in a court of law. Having this in m+d, do you

wish to voluntadly ptoceed with the interviesr?

j{

./ /.INVESTIGATOR NAME

-1- 139



INTERVIEW WITH OFC. KENNETH TU

lnterviewer: Sgt. Hong

02-14-1314t30 pm

Case # 2013-p0"?.1?

I2aJ

45

6:7 INTERYIEW WITH OFC. KENNETII TUI Q=sgt Hong

9 Ql=Dr. Johnson

l0 Q2=(Sara) Burdick1l Q3=(Harry) Stern

12 Q4{onathan) Murphy

13 .A,=Ofc- Kenneth Tril415

16 Q: It is, uh, February 13, Wednesday, approximately 1528 houts, which is 3:28

17 pm. This is Sergeaat Hong, H-O-N-G, and in the room is, uh, r:m, Of,ficer Tu,

18 along with others, they can introduce themselves.

19

20 Ql: Doctor Johnson, badge 26. J-O-H-N-S-O-N.

2t:2 Q2: (Sara) Burdick with (Rains), (Luchia), (Stern), B-U-R-D-I-C-K.

24 Q3: I'm (Harry) Stem, that's S-T-E-R-N.

25

26 A: Otricer (Ken) Tu, uh, badge 2S,lastname's T-{J.

27ie Q4: (Jonathan) Murphy, M-U-R-P-H-Y, with (unintelligible).

29

,b 'Q, Okay. Okay, (Ken), um, just warma confirm with you and yourrepresentative

31 that you signed the admonition.

32

33 A: Yes, I have.

34

35 Q: Conect? Waiver? All right. So - all right. So, could you state your

36 rank and your badge number?

37

38 A: Police officer, badge number 38.39

40 Q: What's your, uh, hire date? With, uh, Berkeley Police Deparfinent?

4t42 A: Uh, April2007.

43

44 Q: Do you have any prior law enforcement experience?

5

140



INTERVIEW WITHOTC, KENNETH TUInterviewer: Sg. Hong

02-14-13/4:30 prn

Case # 2013-08510

Pagc2

46 A: No.

47

48 Q: Which patol operations team do you work for cunently?

4950 A: Cunentlyteam four.

51

52 Q: What are your nonnal days work and your normal hours work?

53

54 A: Normal days work are Monday through Thursday, hours work are 2030 houts,

55 which is E:30 pm, to 6:30 am.

56

57 Q: What was your, uh, call sign during the shift that - yesterday evening?

58

59 A: 4A3.

606l Q: Nowwhat area or beat is that assigned to?

62

63 A: It's the north Berkeley dountoum area-

64

65 Q: Okay. Beattluee?

66

;7 A: Beattlnee.

69 Q: Okay. And your - team superuisors at the time of the - of yesterday's

70 incident?

7t

72 A: SergeanJ Philtips and Sergeant Huynh.

73

74 Q: Huynh being, uh, H-U-Y-N-H?

75

76 A: Yes.

77

78 Q: Correct? Phillips, P-H-I-L-L-I-P-S?

79

80 A: Yes.

81

82 Q: Are - are they your normal supervisors?

8384 A: Yes.

85

86 Q: Okay. LIh, when was the last shift you worked prior to yesterday's shift?

87

88 A: Uh the prwious Thursday?

89

0 Q: Okay. IVhat were the hours you worked?

141



INTERVIEW WITH OFC. KENNETHruInteryiewer: Sg. Hong

02-14-1314:30 pm

. Case#2013-08510

Page 3

'91

92 A: 8:30 pm to 6:30 am.

93

94 Q: Okay. Do youhold any secondary employaent?95

96 A: No.

97

98 Q: Did your work any overtime after the last shift and prior to this shift?

99

100 A: No.

101

102 Q: Have you taken any medication, proscription or otherwise?

103

104 A: No.

105106 Q: Have you consumed any alcohol in the past 24 hours?

\07108 A: No.

109

110 Q: Do you have ary medical conditions?

111

ll2 A: No. Iln sorry, can I clariff one.thing? Yesterday's shift was a - it's aow

113 Wednesday, right?

114;;;,"i5 Q: Yes. (Unintelligible).

116

ll7 A: I'rn sorry. The shift I worked beforc was the - the day before, the Monday

118 before.

119

12O Q: Right. Okay. The Monday before.

Lzl122 A: The same hours.

t23L24 Q: Okay. Um-whenwasthelasttirneyouslept? Andhowlongandbetween

125 what hours did you sleep?

126

I27 A: Uh, prior to this interview? Or prior to my shift last night?

128129 Q: Uh how about both?

130

131 A: Uh, prior to this interview, I slept approximately one hour. Uh, since my last

132 shift, and prior to my previons shift, I slept approximately seven hours.

133

134 Q: From yesterday's incident, did you sustain any injudes?

r35

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INTERVIEW WITH OFC. KENI'IETH TU

Interviewer Sgt. Hong

02-14-13/4:30 pm

Case # 2013-08510

Page 4

No.

Do you wear any corrective eyeglasses or contact lenses?

No.

Um - can you describe for me your duty year, or1 your belt, from, uh, your

front b- belt buckle going, uh, clockwise, how yoru assembly's made?

Clockwise, I have, um - from belt buckle, I have a - double set ofhandcuff

casa, my duty fueann, my pistol, my ASP, my key holder, and then - on the

other side, I have my flashlight, my radio, baton ring magazine notches.

Okay. After yesterday's incident, uh, did your duty gear or duty belt sustain

anytype of damage?

No.

Uh, regarding the vehicle that you drove yestgrday, what vehicle rnake and

model were you.driving during your shift yesterday?

It's a Ford Crown Victoria, uh, vehicle 1747.

When I say yesterday, I mean - at the, uh, 12th of February, Tuesday evening-

My previousshift.

Previous sliift.

Okay.

And what kind of markings Td emergency equipment is on that vehicle your

drove?

Uh, fiil, uh, BPD markings, it's gotthe - black and white vehicle with the

BPD shieid on the doors ind a - visible light bm.

Do you norrnally drive that particular vehicle?

Yes.

Are you a single offtcer or a double officer, uh, uh, vehicle?

Single.

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INrERvrEw*ot"9t5r1.1'#?tTl?

#;#.,111.*'t

Uh - why don't we, uh - at this point, I'm gonna ask you about what you

obsaved in terms of the incidelt scene. But before tlat, 'cause it may be, uh,

already in your sqb- !n you report. Now do you have a report that you've

completed regarding, uh, yesterday's incident?

Yes.

All right. Okay. IIh - so - I'm just gonna read it out loud for the tape so we'll

know-exactly, uh, which report youte submitting. So - ttds, uh, report is a

supplemental report by offrcer Kenneth, K-E-N-N-E-T-H, lastname Tu, T.U,

thais Tom Uniou. And the report reads, "On2-12-13 at approximately 2357

hours, I respo:rded to assist with a report of a disturbance between roommates'

at2ll6 Altston Way, A-L-LS-T-O-N, Allston Way, the Gaia apartment

building. Caiq G-A-I-A. I arrived on scene wilh Berkeley police officers

(Bmum), badge 16, and smith,badge three. l,j[e coutacted the reporEd party,

Ilayes, H-A;-Y-E:S, in &ont of the building. Hayeq reported &at his

roomEate, Moore, M-O-OJR-E, was - was schizophrenic andoffhis

.medication and had kicked him out of the apartuent. [Iayes stated that Moore

*ededto.Ue placed oua 5150 hold. Hayes tookus gpto his residence,

aparfinenf number 514, Hayes opened the ftont door with this key, and OfiEcer

lilrowu) called into the aparfirrent ftom the doorstep, Moore safr.e to the front

door, and O.fficer @rown) initiated conversation with him. I stood by as a

cover officer to keep Hayes separated from Moore. Dudng this gsal6s{,

M*r. came in$eaiingly agitated and made a1l1n6rous paranoid, rambting

stateme,rts, Moore repeatedly stated that he was being followed by the FBI

and that he did not beiieie that we wele real police offi,cers. During the

investigation, Officer (Broum) placed Hayes uuder anest for an active ularfant

and diricted Officer Smith to tansport him from the scene. Officer Smith

placed Hayes in handcuffs and then escorted hirn dovtnstairs to his patol

iehicle. I iemained on scene with Offrcer @ror,vn). Offic9r (Brown) asked

Moore to come outside to speak to him. Moore agreetl and stepped outside of

the 4partrnent into the exterior walkway. Officer (Brovrn) ttren inforned

Moore that he was being detained for a warrant. Moore became exfemely

upset and was Enresponsirre to our verbal commands. Officer (Brovm) then

signaled me to aEempt to detain Moore in handcuffs' so I grabbed him by the

tefr wrist with both my hands. Moore immediately began screaming and

violently pulling away and ttren bact - and then ran back into the apartment,

pulling bin u (Brown; and I in u/ith him as we tried to detain him. Aperson

iater ilentified as Sterling S-T-E-R.L-I-N-G, was inside fre aparment living

room at the time and for the safety of all parties present, Officer (Brown)

directed him, Sterling, to leave the apartment. Sterling complied and weat

outside. Moore was able to pull himself out of my grasp and fell on his left

side into the matfress in the living room. He th- he ttren began kicking me as I

attempted to place his right arm in a control tro|dJ

sprawled into - sprawled

onto iis hip io an attempt to prevent him from further kicking me and again -

Q:

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INTERVIEW WITH OFC. KBNNETH TU

rnter;l.ff:ii,i,rtllf

Case # 2013-085 10

Page 6

and gained control of his right arm by placing it in a rear wrist lock. Moore

rolled onto his stomach with this left arm under his body, preventing us from

controlling that arm. Offrcer (Brown) requested code three cover, and several

o&er BPD units responded to assist. Moore continued to violently resist bytyihg to buck m- off- buck me offhim, kicking me and.trying to prrll his_

,

right arm away from me. Aftef struggling for several minutes, we were able

tsgain controi of Moore's left arm and placed him in handcuffs' Due to his

size, we secured his arms behind his back witirtwo sets of handcuffs. After

being secr.ued inhandcuffs, Moore continuedto sffeam andqlick'_So other

BPDoffrcors used the ankle strap of a wrap device, wrap, W-R-A'P, wrap

device to secule his ankles. Moore continued resisting for a short period of

time before appearing to calm down. Once he cakned, we rollsd him onto his

side, and Offrcer (Broyrn) confirrned that he was breathing and had a pulse.

However, after approximately one minutes, Officer (Brown) reportedthat

Moore was no longer breathing and no longerhad apulse.We immediately

removed him fronr handcuffs and began CPR. I started compressions until

being relieved by Berkeley Fire Departnent para:nedics. I escoled Berkeley

Firebepartnentparamedics as theytansported IVloore to Alta Base Hospital.

I stood Ly at alta Base Hospital until being relieved by OfEcer Frankel, badge

26; Frankel spelled F-R-A-N-K-E-L." Andthat's the complete re-

supplemental report?

Yes.

Okay. All righr Could you describe for me the general description of the

area in which this insident occurred?

Um - okay. 2216 Allston Way is a - it's a apaftment building called the Gaia

apartnent building. It's a very large, multiunit, multiple floors over five floor

apartlent complex. Um - the - the floors are laid out in a - kind of a

rectangular fashion, overlooking a courfyard. Um, the incident took place in

apardent 5I4, which is ori the fifth floor of tlte aparfrnent complex. Uh,

again, front door faces outto a exterior walkway, ufu,.wittr a railing that

oierlookq the, u[ the courtyard. Uh, the interior of the apartnent, from what

I saw, I - I only saw the living room of it. It - it was a - it's'a hallway that

leads down to a small kitchen and small living room. From what I remember,

there was a mathess on the floor against - I mean, you're going in, the wall to

the right, um, and I don't remerirbertoo much else about the interior.

Okay. Uh, do you remember if it - remember if it was a studio or a one-

bedrlom or anything?

I believe it was a one bedroom. At least one bedroom'

okay.,About how far in did you go into the unit? when this - this occurred?

Q:

A:

Q:

'145



INTERYIEW WITH OFC. KENNETH TUInterviewer: SgL Hong

02-14-1314:.30 pm

Case # 2013-08510

Page.7

271

272 A: The hallway's approximately,Iwould estimate, ma)&e ten feet long, um, that

273 opens into the living room where the maftress is. Um, I went in - into the

274 hallway, and, um, as far as - as the bed, so the middle of the living room is

275 where I was.

276

277 Q: About as far as You went in?

278

279 A: Yes.

284

231 Man: Is the mattress against the right wall the bed you're fdking about that he fell

282 onto?

283

284 A: Yes.

285286 Q: That's the bed that he.fell onto?

iil A: Yes. I- Ithtukthere'saframeoranything. Ithinkit'sjustamattressonthe

289 floor

290

sl Q: Okay. Um - where was - Sterling, to your recollection?4

)L

Zgi A: Uh, Sterling was sitting on that mattress when we were - when we went in.

94

Zg5 e: Okay. So - when you got there, was the door open already? Or did you guys

296haveto knock?

2g7

2gB A: When we got there, it was closed. Um - the reporting party, Hayes, unlocked

the door andopened thefrontdoor-

Q: So Hayes unlocked the door and opened it foryou?

A: Yes. He had his own key to the door, unlocked it'

Q: And when the door opened, what did you see?

A7 A: Um - nothing at first, he opened the door, and thqn, uh, Offrcer (Brown) called

out to Mr. Moore, the other involved party.

Q: What'd she eall him? Do you recall?

A: I believe she called him by his first name, (xavier).

4 Q: (Xavier)?

146



INrERvr E w -"1 fl

t;TH,ilt"#Case # 2013-08i10

315 A: Yes.

317

318 Q:Okay. SoOfficer(Brown)calledhim. Sowhat-whatoccurredthereafter-

319 when that - after she called him?

320

321 A: Officer - Offrcer (Brown) called out to Mr. Moore, and Mr. Moore came to

322 thefrontdoor'

323

324 Q: Okay. Um, did Officer (Brown) explain what the pwpose of the police were

325 there for?

326

327 A: I believe so. She initiated conversation with Mr. Moore. I was - maybe six

328 feet away between the doorway and Hayes, the reporting party, standing as a

329 reporting party.

330331 Q: Okay. Were you able to understand and hear what Officer @rown) was

332 telling Mr. Moore?

333

334 A: A little bit. She was - speakin' rather quietly, I mean, it's a huge apartment

335 complex, we't'e not tryin'1o have everyotre hear, but - I could hear some of - of

336 what - whatthey were talkin' about

337

338 Q: To the best of your recollection, and the - underqtanding you were - a- away,

33g and she was whispering, my - anything you can recil.ll as to what she was

340 asking Mr. Moore ortelling Mr. Moore?

341J42 A: I believe I remember her asking Mr. Moorb about rvhat the issue was with the

343 roommate, who lived in there, things like that

344

345 Q: Okay. um - and tlren, uh - and then what happened after that?

346

347 A: Um - so after that, they were both IDed at - identified at one point...

348

349 Q: OkaY.

350

351 A: ..,um - and the information was passed to, uh, Officer Smith, who began

352 conducting record checks. Uh'..

353

354 Q: When you say record checkq, he's using his radio?

3s5

356 A: Yes.

357

358 Q: Afld he's use- he's doing what with his radio?

i59

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INTERYIEW WITH OFC. KENNETH TU

""'&'ff:il,*r?'ffCase # 2013'08510

Page 9

He's, uh, providing the identifying information of both parties to our records

bureau, uh, to provide - to do, uh - corpus and NCIC checks.

So he's doin' - NCIC meanin'he's doin'warrant checks...

Warrant checks, probation status...

...based on first name, last name, birth dates, et cetera...

Yes. Yes.

...as standard radio procedure.

Yes. Got it. Okay. And then what did he find out?

Um - at one point during this contac! I guess, utu it was determined that

Hayes had a active warrant. Um - Ofificer (Gwen), utr, tasked, uh, Officer

Smith with confirmiag that warrant and then. tansporting her from the scene.

So Officer Smithtook custody of Hayes, uh, and escorted him away from the

aparhnen! and downstairs to his paEol vehicle.

Got it. And at this point, you and OfEcer (Brown) are still outside.

Yes.

Got it. And - whileyou and

Offrcer(Brovm) are outsidg from what I

understand, Officer Smith left with Hayes...

Yes.

...to take him to jail for his aclive waffant.

Yes.

Okay. Do you know - do you remember - do you know whaf the wanant was

for?

I was, um - I was on channel one, monitoring regular radio. traffic, so I don't

know what the warrant was for.

Okay. So. Ml. Hayes and Officer Smith is now gone'

Yes.

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A:

INTERVIEW WITH OFC KENNETH TU

,"t-fi:il,i,#"rXt

Case# 2013-08510

Page I0

And the only remaining offrcers on the landing is yoU and OfEcer (Brown),

correct?

Yes,

Okay, So what happened thereafter?

So once - uh, once Hayes was moved from the scene, um, Offrcer (Brown)

asked, uh, I\ft. Moore if he could step outside a little fiuther and talk to us just

outside ttre apartment, um, just outside the doorway

Mm-hm.

So Offrcer, uh - IVI1. - Mr. Moore agreed and came outside and was sbnding

on the lauding with us. Uh, at that point, uh, Offlcer (Brown), uh, infrcrmed,uh, IvIr. Moore that he also had a warrant and that he was gonna be a .

detained or.arrested for that warrant. Um - iW. Moore became - pretty upset.

It was - just - was yellin', "No," things like, '1rlo," and things like, "I need to

call the FBI," rnd.irrst makin' statem.€xfs like that. um - officer (Brovun) yras

tryin' to - tryin, to latt him down verbally, just get him to calm_down He - he

wasn't - he wasn't listening, he wasn't caiming, he wasn't iistening to her

verbal commands or anything So at that point, she signaled me to - to - try

and detain him in handcuffs, go hands-on with him.

Okay. Can I intemrpt?

Um - so when, uh, Offrcer @rown) told you that, um - she verbally told you

that Mr. Moore had a warrant?

I mean, she told Mr. Moore in my presence that he had a warrant

Okay. Do you know how she foturd out about the warrant?

No.

Okay. And - you said to the best of your fecollectior, when Mr. Moore found

outthat he had a warrant, he became upset, conect?

Yes.

Okay. And you said just a seconds ago that, um - that Mr. Moore was saying

tirat he needed to call the FBI.

Yes.

Q:

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149



INTERVIEW WITH OFC, KENNETH TU

-Tri#fth'{

Page I I

449 Q: OkaY.

450

451 A:He was - throughout the oontact, he was referencing the FBI, whether it be he

452 needs to call them or - being followed by the FBI'

4s3

454 Q: Okay. When you say that Mr. Moore was upset, wa9 h9 - I mean, was he - fis-

455 was he showing the behavior of an upset person? Was he screaming, was he'..

456

457 A: Yes.

458

459 Q: .flaring his arms, (unintelligible)?

460

461 A: He - he started to elevate his voice towards us. I wouldnt say at the timete's

462 screaming, but he's - definitely starting to get - more and more upsel Voice is

463 getting higher...464qis Q: okuy

466

467 A: ...getting louder, uh, waving his arms around in a-..

468'59 e: Okay. So, uh, at - one - and at one point, Officer (Brown) asked you to do

what, take ahold of him?

471

472 A: Yes.

473

474 Q: Or -canYou describe that?

475

476 A: It - it was all aonverbal between Officer (Brown) and I, she - when it became

477 clear that Mr. Moore was not goin'to - calm down and comply with het verbal

478 commands, she - looked at me, nodded towards - towards Mr. Moore, just -

479 looked at me like this and - indicated like that'

480

481 Q: OkaY.

1il:, A: That the - dirqcted the head - 'cause the head shake towards Mr. Moore.

484

4g5 e: Okay sg you wero - you basically showed that she basically - got your

4t6 a6ention, she, uh - sh- nod her head, and swaying it, in a fashion, telling you,

487 ''lJh, we have to," in your interpretation was, "we have to handcuffthis

488 person."

489

49712 e: Okay. And you knew what exactly what she was referrin'to, and so you

moved in?

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interviewer: Sgt. Hong

02-14-13/4:30 Pm

Case# 2013'08510

Page 12

Yes.

okay, And what did you - what did you - when - when you said-she

- he

*oriaot comply wittrher command;, what do you mean by her commands?

To calm down? Or - what corlmands?

Yeah, she was - she was - well, she was tellin' him he needed him to - well,

she was askin'him to calm down, but she was also telling him, "Hey, Mr'

Moore, you need to - you need to come with us. You - you're g-orna come

with us.- We're gonn4" basically, t'You're gotrna come with us.u And, uh -

Mr. Moore's responseto that was, "No, no, no."

so when officer (Brown) was tellin'Mr. Moore, "You',re gonna come with

us,'t des. that mean he's gonna have to go to jail?

Yes.

Is whatshe was telling Mr. Moore?

Yes.

Okay. And to your recollection, IvIr. Moore understood what you guys were

saying?

Otr, yes.

There was no question that that's what Offioer (Brown) was ffyin'to, uh; tell

Mr. Moore, which was, "You have to go to jail on your warrant.'r Is that

correct?

Yes.

All right, I'm sorry I intemrpted. So you moved in and you took a hold of him

a certain waY.

I - I grabbed - so I used both my hands, and I grabbed hdt. M9or9's right - uh,

,o, *ittut time - grabbed his left wrist, uh, I got atwo-handed gnp on his left

wrist. Um - I believe at the same time Offrcer @rown) moved in as well and

engaged the other side of his body. As soon as I made contact with Mr.

M;;, he just started screaming, um - he was pulling away as hard as he

could, tying to flail his a:ms, and then he - started backing up and nrnning

i*t" tL apuiment. Uh - I was able to maintain my grip for a while, he just - I

couldnt iop him, he was so big. Just kept pulling u1 back into the apattment,

we're still trotdng on. We - he pulls us through that hallway, and w- we'te

A:

Q:

A:

Q:

A:

Q:

A:

Q:

A:

Q:

A:

151



INTER, I E w *tt",f,l1"ffitrH:

A2-14'l 3/4:30 Pmcase # rt,i-JJjll

539 coming towards the bed in the living room. At that time, I see Mr. Sterling

540 sitting on the bed. Mr. Sterling immediately jurups 1q), runs to the other side

541 of the room, uh, we come crashin'through, Mr. Moore breaks free of my grip,

542 falls onto the bed, um, and just starts kicking at me.s43

5M Q: Kicking.

545

546 A: Yes, withhis feet.

547

Q: Can I intemrpt? So, uh - to your recollection, uh, what is Mr. Uh, Moore's, uh,

549 gender?

A: Llh - IVIr. Moore is a - is a male.

552

Q:Ivftn-hm.

554

tYur l.rr'

A: But - I believe he's a - transgender male? Or...

Q: Okay. Um - howtall was he?

A: Maybe five nine, flve ten?

)

Q: Okay. How much you thirk he weighs?

A: Uh, approximately 350 pounds.

Q: Okay. So he's a large man.

A: Yes.

Q: Okay what made you, uh, believe that he was transgender? What physical

appearances?

A: Uh, extemely highgitched voice, um - and - just - I guess ttre - the - the facial

features are starting - or - look - somewhat feminine, too, and the clothing he

wmt weadng urus a - was a skirt with a - like awrap-around slart and - and

kind of a tube-top upper top clothing

Q: Did he have any type of women, uh, uh,. women's.make-up on?

A: No, he had tong hair, and...

Q: Long hair? How long?

, A: I - I believe a little past the shoulders. Uh, not too clear on that.

152




Interviewer: Sgt. Hong

02-14'1tl-430Prl.c"tu

'''.-.Xt'll

584

585 Q: Do you recall what the top and then the skirt looked like? To what was the -

5g6what it was - what it looked - what was the description of his - top and the

587 skirt?

588

589 A: So the cop, again, is like a - a - light:colored, realty thin material 'uh - almost r

5g0 like a - a l- not a lace material, but a reaily, really thinmaterial, tube top that

Sgt kinda went, uh, 6 little above the belly button to the upper chest. I-Ih, ald the

5gZ skirt was, uh, almost the same material, wrap-around skirt.

5g3

594 Q: Okay.

s9s596 A: That was...

597

598 Q: Was there a certain color or pattern to it?599

600 A: I don't remember apattern, but - I - I justrememberitwas alightereolor,

601 maybe like a beige or - color, something like that'

602

603 Q; Right. How - how tall are You?-t4

A: I'm, uh, approximately six three.

606

607 Q: OkaY. How much do You weigh?

608

609 A: Two hundred and thirry pounds'510

6l I e: So you are, um - so, you know, so you're now on the bed, and he's starting to

6LZ kick.

613

61,4 A: Yes.

615

616 Q: That's where we left off.

617

618 A: Yes.

619

620e:

Now up to that point, would you k- would you describe IVh. Moore as a strong

627 person?

622

623 A: Yes.

624

625 e: Okay. Would you believe that he was, uh, overpowering you and Officer

626 (Brown)?

A: Yes. :'

153



629

$a631

632

633

634

615

636

637

638

639

640

641

642

643644

&s646

647

648<+9

651

652

653

6546s5

656

657

658

659

660

661

662

663

664

66s

666567

668

669

670

671'12

Q:

A:

Q:

A:

Q:

A:

Q:

A:



02-14-l3l431pmCase # 201 3-085 I 0

Page'15

Uh, so he's now Iaid down on this, uh, makeshift matkess that we described?

Yes.

Is he on his stomach or on his back?

He's facing the wall, so he's on his left side.

Okay.

At - at the - initially, when he fust fell dovun.

And you said he was kicking at you.

Yes.

Um -,a11right, so go ahead and continue.t

So - at that point, now that he's down, um, to prevent him from kicking me,

uh, I sprawl on top of his hips. So - by sprawl, I - I put t]re - my entire upper

torso on his hips, and that ailows me to kinda control his legs and his hip to

keep him frorn, you know, thrashing too mu.ch and kicking me in the chest and

legs anymore. Um., once I'm in thatposition, I kinda have a good reach to his

right arm,'cause it's right in front of me, so I'm able to grab his dght arm,

forceit behind him, and I - I'm able to - to get into a rear wist 1ock. So now

I've got contol of liis right arin. Um - at some point, he - he r- he rolled onto

his stomach, and his left arm is.underneath hinl um, and he's not - he's not

givin'it up. So Officer (Brown) can't access that arm. Both my arms are tied

up, I can[ help her at all as far as hyin'to restrain the other arm. Uh, Offrcer

@rown) calls for acover, I believe code three cover, and after several

minutes, uh, several other Berkeley police units anive to assist.

Okay. Do yourecall, um: so fou and Officer (Brown) are the ones inside?

Yes.

Uh, actually, almost immediately, once he popped up, urn, Officer (Brown)

directed Sterling to - to go outside.

He complied?

Yeah,'he complied.

A:

Q:

A:

Q:

A:

A:

154



INTERVIEW WITH OFC, KENNETH TUInterviewer: Sgt. I{ong

. 02-14'13/4:30pm

, Case#'O'"rTil8

674

675 e: Okay. Um - you and Officer (Brown) are inside, and who are the other

676officers that came in, um - um - to assist you? Do you recall?

677

678 A: Um - the very first one to come in, I believe, was officer Smith, and tlen after

679 that, I remember Officer Mathis, Gardner, and Castimiler, Um " I - [ don't

680 remember anYone else.

681

6g2 e: Okay. So you remember inside the apartment with you and Officer (Brown)

6g3 is Officer (Brandon) Smith, S-M-I-T-H; Offi.cer (Brian) Mathis, M-A'T'H-I-

6g4 S; Officer Tim Gardner, G-A-R-D-N-E-R; anil Officer Castimiler, C-A-S-T-I-

685 M'I-L-E-R, Castimiler, conect?

lli A: Yes.

688d89 e: Ard those are the, uh, four additional officers you recall being inside the

690 aparfnent, uh, with you and Officer @rowni as you guys were, uh, f,ghting

69l. with, uh, as you g;uys were struggling with off - urn, Mr. Moore, correct?

692

693 A: Yes.-94

e: So how did you guys eventually take control of him, if - if you did so?

696

i;? A: Um, we were able to - orce we got control of his arms, we used two sets of

69g handcuffs to handcuff his arms behind his back, At one poinl, due to his

699 kicking,uh, the - the wrap was deployed, but only the ankle shap was used.

700

7uQ:okay.Soyou.weresuccessfulinhandcuffrnghirn.742

703 A: Yes.

7047.A5 Q: Ald You guYs used two sets'

706707 A: Two sets behind the back,

708

709 Q: WhY?

710

7ll A: Uh, due to his large size, we didn't wanna - you know, one set would not have

712 been aviable oPtion.

1i:- Q: so the handcuffs are completely, uh, on him"'

715

7t6 A: Yes.

Q: -..and now you are trying to restrain his legs'

155



TNTERVIEW WITH OFC. KENNETHTUInterviewen Sgt. Hong

02-14-13/4:30 pm

Case# 2013-08510

Page 17

7tg720 A: Yes.

721

722 Q: And with the, uh ankle strap parse- portion of the wrap device, correct?

7.23

724 A: Yes.

72s

726 Q: Were you guys able to, uh, secure and r- restrain his legs?

727

728 A: I believe it - it was actually deployed to hirn

729

730 Q: Other than being deployed, it was - he - he.,.

731

732 A: I mean, it was - used on him.

733734 Q: ...wrapped it - used on him. Okay. And so now I - is he still kicking - evgn

735 though he's handcuffed, even though his, uh, legs hre now - ankles are - are

73i6 tied together with the shap, is he still physically resisting?

737

738 A: Yeah, once - once he was secrued, he - he still struggled. He was screaming-39 aud kieking briefly, um, and before - at least to me, it appeared he - he

,40 decided to - or he calmed down a little he stopped strui;gling so much. He

741 siopped struggling. LIh...

742743

744 Q:Okay.

745

746 A: ..timewise - I really can't say how long it continued after - uh, it wasn't very

747 long, but - he did continue afrer being secured.

748749 Q: To the best of your recollection, from the time that when you and Offtcer

750 (Brown) went hands-on meaning you - you took physical hold of Mr. Moore

751 to the time that he was trow restrained in handcuffs, with - his ankles

753 minutes it was during that duration?

754755 A: Oh, gosh. Maybe - I'd say anywhere between three to five minutes.

7s6757 Ql Okay. So he's calmed down. Conect?

758

759 A: Yes.

760

'z

{56



INTERViEW WITH OFC. KENNETH TU

Interviewer:' Sgt' Hong

02-14"1314:30 Pm

Case# 2013-08510

Page 18

763 A: Once he's calmed do11n,. um, he's no longel kigking at us, we rolled him onto

764 his side. Um - we rolled him onto his - left side'

765766 Q: OkaY. And whY did You do that?

767

768 A: Uh, to prevent oxygen asphSxiation'

769

770 Q: okay. It's part of the training that youreceived?

7Vl

772 A: Yes.

773

774 e: Okay. And while he's on his left side, he's, uh - is he still calm now at this

775 point?

776

777 A: Yes, at this point he's - he's - he's - not responding to questions, but, um - ITTg remember Office. (Brown) reporting that he was - did occur breathing, and

77g chest was moving with breath, and he did have a - a- catotid pulse.

780

7g l e: Olcay. Did you at ary time during the struggle, the tlueg-to-five-minute

7gZ rnuggfe yoohud with iVIr., uh, Moore, did you at all strike him in anyway?

'83

A: No'

785'186 Q: Open hand, close&hand, no strikes?

787

788 A: No.789

7g0 Q: Did You kick him in anY waY?

791

792 A: No,

793

7g4 Q: Did You use Your, uh, OC sPraY?

795

796 A: No.

797

798 Q: Did You use Your baton?

799

800 A: No,

801g02 e: Did you - did you use any other, uh, um, item on your duty belt that is, uh,

803 hard to strike him with?

804

805 A: No.

)6

e: bviously, did you - you did not use your firearm?l Sg



808

809 A:

810811 Q:

812

813 A:

814

81s Q:

816

817 A:

818

81e Q:

820

821 A:

822823 Q:

824s25 A:

826

s27 Q:

28

A:

830

831 Q:832

833 A:834

835 Q:

836

837 A:

838

839 Q:840

841 A:

842843 Q:

844

845 A:

846

847 Q:848

849

850 A:

51

Q:

No.

Did you use the firearm in any way to, uh, his Mr' Moore?

No.

Did you see if Officer (Brandon) Smittr used any ffie of strikes or kicks?

As far as I saw, no

Did you see Officeq uh, Smith use LC?

No.

Did you see hirn use a baton?

No.

Did you see if officer Smith ever used any type of blunt object?

No.

uh, from officer Mathis. Did you see if he used any strikes or kicks?

No.

Any OCs?

No.

Any baton use?

No,

Any other blunt objects?

No.

And I'11 go back, and you did not see officer smith nor Mathis use their

firearm in anY waY?

Correct.

Theiriduty Pistol?

INTERVTEW WITH OFC' KENNETHTU

Ifierviewer: Sgt- Hong

02-14-13/4:30 Pm

Case # 2013-08510

Page 19

157



rNrERVrEWr,ri"grff;"T,rHr_]HJ"r,

02-14-13i4:30 Pm

Case# 2013-08510

Page 20

853

854 A: Conecl

855i* e: Uh, for Officer Gardner, did you see him you- d- deploying any strikes or

857 kicks?

859 A: No'

850

861 Q: AnY OCs?

862863 A: No

864865 Q: AnY baton use?

866

567 A: No'

868

S(ig Q: AnY other bluntobject?

870

871 A: No'

872'73 Q: AnY fireann use?

d74

875 A: Not

g77 e: Um - second to last, Castimiler, Offrcer Castimiler, did you see any strikes or

878 kicks?879880 A: N9.

881

882 Q: AnY OC use?

883

884 A: No'

885

886 Q: Baton?

887

888 A: No'

889890 Q: Uh, blunt object?

891

8g2 A: No'

893

894 Q: AnY firearm ?

895

)6 A: No'.

sei15g



sss Q:

srs

900

902

e03 Q:

904

905 A:

906

e07 Q:908

909 A:

910

ell Q:912

913 A:

914

915 Q:916

917 A:\18

Q:924

921

922 A:

923924 Q:925

926

927 A:

928

eLe Q:930

931 A:932

933 Qr

934935

936 A:

937

e38 Q:939

940 A:+1

901 A: No.



' 02'14'1114:10 Pm

Case #.2013'08510

Page ll

And lastly, for Officer, uh, (Browu), aia you use - see her deploy any stikes

or kicks?

Any OC?

No.

Baton?

No.

Any other blunt objects?

No.

An{ uh, her firearm?

No.

Okay. Was the struggle primarily - one last'- on the bed itself not on the

ground?

It was ahnost entiretY on the bed,

On the bed. And at one point - at - at what point was he l- where was he laid

on his side? On ttre bed or on the ground?

On his side, he was, uh, still on the - on the mattress

Okay. Oh, so you kept lrim on the mathess the entire tiriie.

Yes. Yes.

Now, uh, we left offwhere, um - which offrcer ohecked to see he was still

breathing and he had a pulse and he was fine?

I-Ih, Offrcer (Brown).

So - I'd say maybe - maybe about a minute after - after we rolled him onto his

side, um - offiser (Brown) reporiinq tlrat sh9 didn't think{e.

was breathing

any more, and she could no longer feel a pulse at the carotid.

160



WITH OFC. KENNETH TUNrERv Ew -"-*r:[#]],1l,ti#

Page22

943

944. Q: And she verbalized this to everybody?

945946 A: Yes.

947

948' Man: After about a minute? Is ttrat what you said?

949

950 A: Yes

951.g,, Q: That's - um - afterabout aminute from whatpoint?

9s3gS4 A: From rolling, uh, NIr. (Brown) - I'm sorry. After - a minute after rolling Mr.

955 Moore onto his side.

956

958

959 Q: Okay. A minute uft*l - after rolling him onto his side,

960

961 A: Yes.

96253 Q: Correct, Okay...

t64965 Man: That's what he said.

966967 Q: So thdn, uh, now that Officer (Brown), o- annoutrced to everybody that, uh,

968 Mr. Moore'was not - Mr. Moore was not brealhing and had no pulse, what did959 you do? What did the officers do? Iriciuding yourself)

970g7l A: Uh,weimmediatelyremovedhimfromhandcuffs. Uh-movedhimtohis

972 back and onto, uh, the floor so we could - start CPR, I believe - I believe

g73 Officer Gw- uh, (Brown) is the one who - uh - cleared his airway or checked

g74 his airway, and then, uh, I began compressions.

975

976 Q: Okay. And you began compressions-

977

978 A: Yes.

7g

80 Q: Do you remember who, uh, released the handcuffs?

981

982 A,: {.}h, no,I don't.

Vl^i Q: okav' Do vou'was the legs still restrained?

',6 A: I don't know.

161





02.14-13/4:30 bmCase # 2013-08510

Page 23

988 Q: Okay. So, uh, Officer (Brown) is doing the, uh, airway, and you are doing the

989 compressions

990

991 A: Yes.992

991 Q: Do you recall who requested, um - it - was there at aily point before this or up

994 until now that the pararnedics were summoned?

995

996 A; I doh't know.

997

998 Q: You don't know? Okay. Do you know - or do you recall hearing who - do

999 you recall anybody requesting paramedics at this point?

A: Uh, yeah, I dont remember who was, but I remember hearing the request over

the radio for - for fire department.

Q: Okay. And (unintelligible) do you recall the, uh, why the request was made

over the - do you reimember the words used by the...

A: I don't.

n08

9 Q: Got it. But you,.uh - but you - you recognized it was radio taffic regarding

the request for, uh...

A: Yes.

Q: ..,, uh, Berkeley Fire Department paramedics.

A: Yes.

Q: Okay. About how long do you estimate you wore doing chest compressions

before the paramedics anived?

A: A few minutes, um - I - best guess , again,another maybe - another maybe

three to five minutes...

Q: Okay.

A: ...of compressions.

Q: Now the fire, arnbulance - paramedics arrived,..

A: Yeq,

/ Q: ..and did they take over?fiz



INTERVIEW WITH OFC, KENNETHTU' Intaviewer:.Sgt. Hong

02-14-1314:30pn

Case# 2013{8510Pa{Je24

A: Yes.

Q: All right. And - was, uh - and then was Mr. Moore, uh, taken by the

Paramcdics?

A: Yes.

Q: Okay. So he was loaded up in to standard, uh, gumey, and they wheeled him

. away and took him a- took him down, et ceter4 and took him to the hospital?

.A.: Yes. Yes.

Q:Okay. Were you still present when they, uh - when Mr. Moore was taken by

the Pararnedics?

A: Yes.

I Q: Okay. After the paramedics Ieft, qm - scratch that. Um - at this point were

there any superisors on scene?

)J

A: Yes.

Q: Who's on scene?

A: Sergeant Phillips - and Sergeant (Cardoza).

e: Do you remember - do you know, uh, at what point Sergeant Phillips and

Sergeant (Cardoza) arrived?

A: I don't recall.

Q: Don't recall? Okay. Now, uh - what oceuned, uh to the best of your '

recollection after Mr. Phillip - I\ilr. Moore was taken and qnly the ofEcers

remained in the - what occuned - generally, what occuned afterthat?

A:Um - ['m not sure, I got tasked with escorting the ambulance to the hospital,

So...

Q: Got it.

A: ...I - I traveled down the ambulance to Alta Base.

6 Q: So you,- you, uh, followed ttre ambulance'

163



INTERVIEW WITH OFC. KENNETHTU

interviewer: Sgr Hong

02-14.13/4:30 pm

Case # 2013-08510

Page25

1078 A: Yes.

t079

1080 Q: In Your Pafrol vehicle.1081

ios; A: Yes.

1083

1084 Q: To AltaBase?

1085

1086 A: Yes.

la871088 Q: Um - and they - and then Mr. Moore was taken to the emergency room?

1089

1090 A: Yes-

1091 ',

l0g2 e: Okay. Do recall, um, uh, uh, if - okay- And then after that, you stayed at the

1093 hosPital.

10941095 A: Until relieved, Yes.

1096

1097 Q: Until relieved. Who relieved you?

)98

A: Uh, officerFrankel.

1 100

1101 Q: Do you recall what - tlretime that you were relieved?

1702

1103 A: LIh,uh,appmximately0130hours. Alittleafter0130.1 104

1105 Q: okay. And thereafter, ybujust refilrned to the station?

1 I06fiA7 A: Yes.

1 108

I 109 Mau: Now can you describe what the - bed was like when you guys fell onto it first?

1 110 Like - what - what - uh, was a frame to it, I think you said there wasn't - was -

1111 how far it was offthe gror-rnd?

|tt211 13 A: Um - best of my recollection, I - I don't believe there waS a frame, and I think

1l 14the - the mattress was sitting on the floor.

1115

i116 Man: Okay. Wasaboxspring? Or...

1117

1118 A: I-Idon'tthirtk.--

1119'lZA Man: ...itls stood - (unintelligible) close to the ground, or " (unintelligible)?

21

A: It ** very close to the ground.

164



Man:

A:

130

Man:

133

Ar

138

139

Marr:

A:a'j

Man:

145

A:

Man:

Q:

153

1s4

155 A:I56

Q:158

1s9 A:160

153

Q:165

,6 A:



02-14-13/4:30 Pm

Case# 2013-08510

Page26

Yeah, um - okay, and then you moved him sffto - for when - when you

removed the handcuffs, you put him on his back, andyou

removedhim offthe

bed to the hard floor, to the carpeted floor when you guys started

compressions? That...

Yes.

..,okay. Um - and then separately,I donl know if you already answered this,

you don't need to reanswer it. Um . have youhad aprevious contact with Mr.

Moore?

I can remembef one previous contact, um, a while ago. Uh, it was a welfare

check. Um - at a different address. And, agair,I was a cover officer, so Idon't remember too much, but I remember it was a - another welfare check, a

5150 eval. Evaluation.

Do youremember if he was transported?

Uh - he was not transported at that time.

What about the, uh, other two parties, either of them, either Mr. Sterling or,

uh, IvIr. ulu (tlayes)? Have you ha.d contact with them previously?

I don't - remember any previous contacts withthem-

Okay. Thankyou.

Um - actually, I have a quick question. Do you know why inde,pendent, uh,

why based on radio taftlc, based on what officers told you wheii you guys

firsl arrived, why you were sum.moned there in the first place?

To the address?

Yeah, to the address.

Yeah, we went there - initially, it was a - a - the initial call notes were likb a

roommate distprbance, in the notes, uh, the roomrnate was - saying his' uh, Iguess he got into an altercation . the reporting parfy repOrted he got into an

iltercation with his roommate, who was schizopluenic and off medioations.

AII righr And, um - are you, um - are you 11 5 50 qualified or DRE?

No.

165



INTERVIEW WITH OFC. KENNETH TUInterviewer: Sgt, Hong

"f;f;','li38Ji;age27

I168 Q: Okay. Um, do you recognize based on your training experience when a

1169 person is under the influence of some type ofnarcotic substance?

t1,70

1171. A: Yes.1172

1173 Q: Okay. lVould ycu describe Mr., uh, Moore as being under the influence of.

ll74 some type of narcotis substance?

1175

1176 A: Appeared to be, yes.

l1771178 Q: Appeared to be, okay. Um - would you describe Mr. Moore as having, um -

l79 being - having - drunk in any way, like the general object of symptoms of180 somebody under the influence of alcohol?

181

lI82 A:LIh - I didnt notice the objective - objective symptoms of alcohol, but I wasn't

183 really very close, paying super-close attention in the initial coutact.

I 85 ' Q: Okay, Do you recall inside the apartment in plain view if you sa1ry any kind ofcontraband, illegal - legal items in the aparfuient?

188 A: I don't.

i9

Q: Okay.

Man: Were you advised at any point by any parties who were on careen whether

there were weapons, uh, in the presence?

A: Not that I can recall.

Man: Okay.

Q3: Did, uh - (Harry) Stern with a couple of questions. At any point did Mr.

Mobre express, uh, the fact that he was having touble breathing or needed

medical assistance?

A: No.

Q3: And is it fair to say fhat during the course of the struggle, up unto a certainpoint, he was jelling or speaking or making noises?

A: He was screaming. Loudly.

Q3: Okay, And - can you pinpoint a place in time where that stopped, if itI stopped?

z166



tzl3274

]3

56

A:

Q3:

A:

Q3:

Q3:

A:

A:

Q3:

A:

INTERVIEW WITH OFC. KENNETTI TU

Interviewer; SS,-Yone

#;'f,',i#-3317Page 28

Um - it - it stopped when - he stopped screamingat the same time he stopped

kicking and shuggling

And where - where was he placed - where was he physically at that point?

Was he on his side, on his stomach...

At that poiat, he was still prone on his stomach-

Okay. And did he continue - verbali"ing at all once he was rolled onto his

side in a position of recovery?

No.

Let me check something out. Was he put on his side - in response to

anything? 'Or as just part of the standard practice of how you haindle suspects?

It's - preffy standard..It's

- once they're not combative; put 'ern on their side.

At any point in time did you observe anyone placing their body weight on Mr.

Moore's upperbody.

Uppq, body...

..while he was in prone Position?

Not on the upper bodY.

Dicl it appear to you at least from your vantago point that based-on his position

and *he; the - officers were that Ivtr. Moore would be able to breathe?

I'm sorry, carr You repeat thet?

sure. From your vantage point, where you - where you were, uh, during this

struggle, *otd you - form-an opinion about whether or not Mr. Moore could

breathe, uh, ryhen he was in the prone position?

He- he appeared able to breathe'

Okay,

And the fact that he was yellin' at us - kinda indicated to me that he was still

breathing.

Which direction was his head facing?'Was

it tilted one way or the other or

straight ahead?

Q3:

A:

Q3:

A:

A:

A:

Q3r

167





02-14-13/4:30 pm

Case# 2013-08510

Page29

1Z5g A: If I remember correctly, when he was prone, his face was tilted to his right.

16t Q3: At any point, did anybody put a.ny pressue on his neck or on his head?

A: No'

Q3: I don'thave any other questions,

Q2: Yeah, you - you were talking about, um - what Mr. Moore was saying_

verbally around the time that Offlrcer @rown) informed hi{n that he had a

*urrani, and he started getting more angry. What was he doing physically

around that time?

A: He was - he seemed real antsy, kinda fidgety, he was - he couldn't stand still,wils - was - kinda rockin'back and for*r and stuff, movin'his arms around,

and - and lookin'all over. His...

e3: was he sweating?

'8 A: I don't remember.

Q2: That's it for me.

.Q3: Big(John)? Aoythingelseyouwarnaadd?

A: No.

e: Thinkin'. Give me a - give me a second., uh - uh, you had a chance to speak

with Mr. Hayes, the reporting party, corrbct?

A: I - I didnt sPeak to him.

e: Oh, you didn't speak to him at all. No conversation took place,

A: No.

e: Okay. Got it. Did you - did you question him in any way as to, uh, why he

called or whatwas Mr. Moore's, uh, conditionwas et cetera, et cetera?

(Unintelligible)?

A: No. When he walked up, I just directed him to Officer (Brown), 'cause she's

the handling officer'

7

Q: Got it.'so you had no conversation with Mr. Hayes.

168



INTERVIEW WITH OFC, KENNETT{ TU


02-14-1314:30 pm

Case# 2013-08510

Page 30

A: No.

e: Okay. All right, Um, concludes the interview with Officer Kenneth Tu, T-U,

1615 hours,.that's 4:15 pm, Wednesday, February 13.

This transcript has been reviewod with the audio recording submitted and it is an accurate

tanscriPtion.

Signed:

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