In-Custody Death Investigation - Xavier Moore (Part 6 of 11). Interview with Officer Timothy Gardner...

7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 6 of 11). Interview with Officer Timothy Gardner (#121).

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STATEMENT TO INVOLVED OFFICEK

Officet G ftPA* 6 tU ,you ate bei"S represented hete at this interview byyour a*orn W, llwpy Sfgal . You ate notin custody andyou are ftee to

ltfra'pt StrffiJATIORNEY NAI\,{E

condude the intefiriew at afiY dme' You ate not obligated to answer any questions'

Any answef,s you do gtve may be used in a cor:rt of iarv' HaYing rhis in mind' do you

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INTERVIEW WITH OFC. (TIMOTHY) CARDNERlnterviewer: Sgt. Hong, Det' Johrrson & Harry Stem02-13-t3/6:14 pm

Case # 2013-08510Page I

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14 e: Okay. It's February 13, uh; Wednesday 18i4 hours.lH: It interview with15 Officer (Tim) Gardner. My name is Sergeant Hottg, H-O-N-G'l6l7 Ql: Detective Johnson, J-O-H-N-S-O-N, badge 26'18it .e2: I'm (Ilarry) Stem, S-T-E-R-N. I'm here representing Officer Gardner.20I A: (Timothy) Gardner, last name G-A-R-D-N-E-R'23 Q: All right. uh, officer Gardner, you signed your waiver?2425 A: Yes.2627 e: All right. Okay. A- Officer Gardner, could you state your rank and badge28 nunber?2930 A: Uh, patrol officer, badge nrunber i21'3I32 e: What was your hire date with Berkeley Police Deparhnent?3334 A: Hmm. uh, my date of seniority is, uh,let's see, January 1,02.3536 e: Got it. Do you have any prior law emforcement experience outside of Berkeley37 Police DePmtment?3839 A: No'4041 e: Which patol operations team were you working yesterday's shift?4243 A: Tqam three. '

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INTERVIEW WITH OFC. (TIMOTHY) GARDNERInterviewer: Sgt. Hong, Det. Johnsotfa?tffi

' Case# 2013-085i0

45 e; yesterday we're all - whenl say yesterday we're always talking about46 February 12, the day of the incident'4748 A: Righl4950 e: Okay. Team three. Okay. What are the nonnal days worked and normal hours51 worked for team three?s253A:Mondaythro,,ghThursday,3:30intheaftemoontill,irh,0130in_inthe54 moming'5556 Q: what was your call sign during the * yesterday's shift?5758 A: 3A16-5g60 Q: ,A,nd what alea or beat are assigped to yesterday's shift?6162 A: tlh, walk front area mostly and the marina'63& Q; OkaY.Inbeat 16?.5 A: Yes'67 ^-e^-r--,:^ -Li*D6s Q: Uh, who were your supervisors foryesterday's shift?6910 A: t]h, Sergeant (Shawn) Ross and (Be$ Catdoza'7L l-s's' Cardoza sergeant is c-A-R'D-o-72 Q: Again Ross is - Sergeant Ros5-is R-(73 Z-a. anO are they your nomral supervisors?7475 A: Yes.76,77 e: Wlien was the last shift you worked prior to yesterday's shift?7879 . A: The Preceding daY'80g1 e: Okay. Today is currerrtly Wrcdnesday.

Yesterday's shift was a Tuesday'82 Preciding day you were referring to Monday8384 A: MondaY'858e Q: Uh, do you hold any secondary jobs?87'8 A: No'de

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INTERVIEW WITH OFC, (TIMOTHY) GARDNERIntewiewli: sgi' Hons' De!' Johnson&-Tffi,t#HCase # 2013485"10

All right. Did you work any *t'tip: t"t v- um' the last shift you worketlpriorio the shift ofyesterday's incident?No.Have you taken any medication, prescription or otherwise?

No.Have you consumed any alcohol in the past 24 hours?

Mrn, yes. I had a couple beers when I got bome last night'Okay.That was Post this incident?Yes.It was after (unintelligible)'OkaY.Uh, do you have any medical conditions?

ffi the rast time you slept, how long, and between what hours let's sayprior to YesterdaY's shift?Prior to YesterdaY's shift?Yeah.So...How mpch rest did you get (unintelligible)'...the night before?Correct.LIh, I think I had about eight to nine hours' Yeah' I believe that'Okay. Uh, did you sustain any injuries during yesterday's incident?

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INTERVIBW WITH OFC. (TIMOTHY) GARDNER"ilffii"il iet. Hoos" Dit' rohnson&-Tffi-i;*Case # 201 3485 l0

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IVere you a single officer car or a paired officer car?Single.Now you've completed your supplemental police repott regarding thisincident, correct?I have.All right And could you read your completed report for us?Summary' Sony. On the listed date jus]-a-fter time of report I heard a broadcastof additional units ne;Jior a cau at 2116 (Austin)

wal nlr.nber 514. It wasapparent from the U,otal"tt tf'*t BPD officers were involved in a strugglewith a violent ,ru:*.i'-ii"tpffi; code tlree and when I reached theapartnent I saw several BPb offlcers struggling to take P *fremety largeandviolentlyresistingpartialynakedpe'rsonintocustody'Thepersonappeared to be approiiilately +00 pounds and'ittook several officers'combined efforts tt ;"tt"ihi"n'oa*' Rlone with several officers who arrivedwith me we m- fi"r,#;;";td " piut" uiti *to handcuffs and calied forBFDtorespondtoassistwithtun,portinehim.Afterwehadsuccessfirlly.placed him in ma.or, it ;pp.*.,i h" lrid suddenly stopped breathing' Iassisted with immeorately uncuffing him while othir officers requestedernergeilcy medical ;;:*"t *d 6."e* it'*t1 com-pressions' BFD arrivedril"ttfv ifrittafter and began efforts to revive the personOkay. Can I see (unintelligibft)Itl q'i:I? All right' Okav' So when vouheardthe, ulu r*aio iffiI*i,if uh, additional-iequest for additionalunitsdo you recalt *rro *"J. tt ut uroua"ast and what the words were if you canrecollect?Um, itwas A.4'Mm-hm.Uh,officer(GlenBrovun)anditwasapafiiallybrokentransmissionandwhatI heard was send us more'officers or something to that effect'Okay. fuid you res- responded in what mannet' uh" 'tih..,...what code?

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INTERVIEW WITH OFC. (TIMOTHY) -GARDNERInterviewerl Sgt' Hong' Det' Johnson & Harry Stern#;,i#-itl,tPage 6.,.Iresponded code three, lights and sirens'Obviously you - you did so because there was a reason' Do you recall whyyou did so?Wel[, I - it - it was clear that she was in some kind of stuggle to overcome'uh, aperson and that ily"" f,,"*' from the qualrty of her transmission it wasar emergency.Okay. And you re- responded from where?I think it was Sacramento - or, u[ San Pablo and Bancroft thereabouts'Okay. Eventually you arrived on scene'Yes..

Um, did you speak with anyone, uh, prior to going to the unit where' uh' theofficers were at all.'.Um...,..when you arrived?...wellI_Isawotheroffrcersthereandwestartedgoingthroughtheopendoor...Mm-hm... ,or to the apartment building and thel we jurnped I th:.:lt1?i"r and' uh'you know, I think, ,* - I thfit (Mathis) slid something like' "Is thatl"".yt"ayf- And'I said, "We've got enough' L'et's go"'Okay. Who jumped in the elevator with you guys?Ithinkitwasoum_uh,(I{ikos)'Idon,tknowhislastname.Kastmiler?Kastmiler.Yeah. And, uh, so thbn we went up to the fifth floor'okay.Sointheelevatorwithyouwasyourself,(Mathis),and,uhKastmiler?Yes.

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INTERVIEW WITH OFC' (TIMOTHY) GARDNERInterviewer: Sgt' Hong, Det Johnson &-l#"?Til

Case# 2013-08510Page 7

Okay Utr, and so you made it up to the fifth floor" 'Yeah....ond, uh, when you reached the apartment was the door open or closed?It was open.Open. Uh could you just describe, uh, the Sener.ll iescrinli3l,oitne area inwhich this area - in which this incident occurred? General description of thearea that this, uh, incident occurred.You mean in the aParblent?yeah. or the landing, apartment, and what you observed before we talk aboutwhat you sawin terms of the struggle, et cetera'Um, well, tltere's s- you krow, the elevator opsns up and there's - it seemslike an interior courtYard...Okay....and I had to walk around the, ung I guess there was a railing maybe orsomething like that. And so I walked around kind of an L to get to the opendoor.Mm-hm.And, uh, so I guess the - the doors kind of open oyt into the courfYard but*rry'aor,t ru""e *r. ,ourryard necessarily. I thi$k they were just like, kind ofwells that divide them'Okay. All right. Ard, um, so when you got there you s- uh' you saw the doorwas already oPen?Yes.Okay. And You looked in?Yes.okay.Co.uh-uh,withouttalking-aboutthepeoplernyoutalkaboutwhattt.roo*rlookedliketothebestofyourrecollection?

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INTERVIEW WITH OFC' (TIMOTI-[Y) GARDNERInterviewen Sgt' Hong Det. Johnson&Iffilr:;[Case # 2013-08510

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I don't remember a lot about what the room looked like. I just remember anopen door and I was able to look through to a like - a living room area oIsomething like that...Hmm....where there was like, a - a matffess and some clothes strewn about.Okay. So you saw a matfess and - okay.Yes.Um, so you look in and what are you observing in temrs of the officers andthe subject?Urn, I observe, uh, a - my first observation Was a very large persOn, very fat,very a lie, obese grotesquely morbidly obese personwith three officersstuggling to, uh, subdue him.When you say they were stnrggling to subdue him what was the position ofthe sudect and subject we're gonnabe refening to him as Mr. (Moore).Okay.His name is - last name (Moore). Um, what was }dr,

(Moor$',s position andwhat was the, uh- the positioning of the officers when they were trying tosubdue him?Um, I think Officer (Tu) - he was i- i- fust of all he was kind of on his kneesand his elbows, uh, or tha- well, maybe his knees and his shoulders 'cause hishands were partially behind his back, um, and it looked like he was tryitrg torise up. Um, Offrcer (Tu) would've been against the wall, uh, on the - on tr&.(Moore)'s, uh -uh, right side' And, um,-Officer (Brown) would've beentowurds his front, his ihoulder area. And, um,I thint it was (Brandon Smith)had ahold of h- the left side of him.So Officer (Tu) was to the w- right of Mr. $4oore)..Yeah-...(Brandon Smtth),..Mm-hm., ..was to the left, and Oflicer (Brown) towards the shoulder' ' '

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INTERVIEW 1VITH OFC. (TIMOTHY) GARDNERlnterviewer: Sgt. Hong Det, Johnson & Harry Stem02-13-t3/6: l4 PmCase # 2013-08510

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Mm-hm...,frontal shoulder area?l-eah.Okay. And were they,.uh * which way was again, so you're-saying based on*t uiyou described ihut Mr., um - uh, (I\4oorels- was on his belly or on hisback?He wasn't on his back.

Okay.But [.don't know if he was on his stomach or partially on his side 'cause a- allI remembsr is focusing on where were his hands forthe mostpart" 'Okay....because I - he was not yet handcuffed'So when you entered...MI.n.,..uh it was only Officer (Tu), (Smittr), and (Brown)' Only,those three?Ri&r.okay. And you entered obviously you said - you said with Kastniler and(Mathis)...Mm-hm....and he was not handcuffed?N- no.Okay. So, uh, seeing what you *9 *9e? stuggle that you see what did you- what did you do in terms of (unintelligible)?well I went to grab one of his hands or to help because [-saw that there werehandcuffs on at least one wlist and they seemed to be - there seerned to be atleast two sets of handcuffs linked together'

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INTERVIEW WITH OFC. (TIMOTHY) GARDNER"il|;i;; sg, rtong, Det' Iohnson & Harry stem02-I3-13/6:14 PmCase# 201348510Page 10

Mm-hm.And so one of his hands was free and I focused on tlrat hand' uh' and just triedto help them bring trr*l* t *a.,rrropen clasp or hasp I guess it's called overto the uncuffed wrist.Doyourecallwhichhandwascuffedandwhichhandwasstilluncuffed?I don't. Not with anY claritY'So you grabbed the uncuffed hand you're saying?Well,I_Itiedto.t-I_Ithfukatsomepointlwasabletokindahelppushililt h*dt together buil didn't have like''a very clean grip'Okay. Um, so, uh, errentually you guys were able to successfully handcuffhim?Yes.Okay. Um, and, uh - and the peopl.e wlro yiere doing the - if y-o1 can recallthe specific officers th";; i#ti"g in the succesitul handcuffing on Mr""Mm-hm....uh, (Moore).-.Mm-hm.

I - I don't know for swe'Okay.So...Well were You involved?I - I was involvdd Yeah"'Okay....at that Point' 211

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INTERVIEW WITH OFC. (TIMOIHY) OARDNERlntcwiewen Sgl Hong, DeL Johnson&__Tft"r?TilCass# 2013-08510Page I I

449450 Q: um, do you rememkr how Mr. (Moore) was clothed?4514SZ A: He was partially naked or his, uh- like, there seemed to be something around453 his legs l- and that was it - his lower extremities'4544SS e: Do you remember if any of- other off,rcers took - try to take control of Mr',456 ull, (Moore)'s legs?457458 A: Yes.4s9450 Q: What do You recall?461462A:Um,well,Ireca]lthathewasstill,uh'strugglhg.It-itseemedlikehewas463 trYine to still get uP'464465 Q: Mm-hm466467 A: Um, and I think (Mathis) had ahold of his lower legs - his aakles. And468 someone, uh, called for the wraP'-9 Q: Mm-hm.471472 A: And it was apparent that he would not fit in the wrap and so we decided that41i we woul4 uh, put the hobble restraint from the wrap on his ankles.474475 Q: Okay, there's ahobble restaint"'476477 A: So I helPed with that'47847g Q: ...the staP Part for'480481 A: Yeah, the straP'482483 Q: So You assisted in the"'484485 A: Yes.456487 Q: .'.waPPing of the ankles?488489 A: Yeah.490+gl Q: Okay. So it was you and (Mathis)?\1

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INTERVIEW WITH OFC. (TIMOTHY) GARDNERlnterviewec Sgl Hong' Det' Johnson&I#r?T[Casi# 2013-08510Page 12

Yeah.And-andlthink-[*I'mnotsurebutlthinkitwas(Cardoza)dropped the wrap ,igftir.xt t" y1 *a l!a]d' "Let me have the hobble or thestrap,,, and he gave it i" *. *t I gave it to iMathis). And (Mathis) w- at thatpoint was holding onto his f- ankles" 'Mm-hm....because they were thrashing around' Ur$' so I handed hlltfe.hobble or thesrap, whatev., it,, .allJ,;[,h* held his ank]es while (Mathis) vrappedttr.-'-*p around his, uh, ankles'Okay. Um, so when you described when you first got there and you sawoffi;(S*t h), offi.*. (Tu), and officer" "Mm-hm....@rown), tr, e- d- would you deseribe it asthem having a vety difficulttime withthis mist- tr4r. (Moore)?Yealr.Idon,t_Idon,tt}rinkthattheywould'vebeenabletohandcuffhimifitweren't for our assistance'so the three officers were e- thrree officers are akeady having a.verr $itricufttime and you were - v"II---*;r v"* u.rief that without your help and the otherofficer,shelpthatitwould?vebeenvery-itwould,vebeenhardanddifficulti;;;t;* to rluccerstullY handcuff him ?Yes.That,sverytrueandldidqotic.ethatofficer(Tu)was_w.8Sa-clearlyffir.ril;-# ;;;;;*i. "r, uh, losing his abiliry to, uh, continue tostruggle.Okay tlh, during the struggle period where Mr" uh' (Moore) was n- uh' notcomplying...Mm-hm....did you hear officers give verbal commands

to Mr' (Moore)?I do but I don't remember what they were'Okay. But you knew they were police comrnands?

Yes. Yeah.But you can't remember what it was?

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INTERVIEW WITH OFC. (TIMOTHY} CARDNERInterviewer: Sgr Hons Der Johns'tftjffi,t-T;Case# 2013-08510Page 13

I don,t rem- but I - I remember that there was some instruction for him to,you know - youjust - stop resisting ot put his hands -just Plt his handstehind his back, something like that. I don't rernember exactly though'Okay. Now Mr. (h4oore)o uh, do you remember him v' saying anything' . ^y.ffi- 6u, *L mr - *frut was he.verbalizing during this - the struggle?I remember him - him yelting loudly, uh, but I don't remember h- h- or himarticulating any words that I could make out'okay. Um, do you recall if Mr. (Moore) was complaining of pain of any way;;6il;"g that he was having difficulry breathing of any way during thestuggle?I didn't hear anY of that. No'okay.Um-uh,y-wouldyoucharacterizeoffrcer(Mathisi,officer(Tu)asbig -Uig officers? Um, and Officer (Smith) as well?Yeah.And you are - what's your stature? Your height and weight?S- uh,6 feet, 195.195. Okay. And uh, based on y- and you consider yourself in shape?ReasonablY. Yeah.And, uh, your felt it _ do you feel that, um - uh, y- y- during the struggle.thatyo" Vo*taf was having a difficult time controlling"'oh,yeah.Imean,whenlwasholdingontohisfeetitwas_I_it_I-itwasa[ itodd do to hold his - his ankles down'OkaY.uh...Uh,I know you sard you assisted in handcuffrrg"'Mm-hm.. and then thereafter you assisted in the' uh' ankle restraint' Z1l

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I don't remember that.Uh, was he sweating profusely (unintelligible) anything like that?Um, no. It was just more from - from my point of view his - the - the violentbehavior and - and the I guess how strong he was in - in the * in terms of hisresistance.Okay. Um, before going - let me back track just, uh, real briefly. Before-goingto the call for assistance on the radio did you even know what type of cdll thatthese officers were at? (Brown) and, uh, (Tu).I remember hearing the call originally of sorne kind of disturbance, some kindof, uh, fi.ght between roommates and I heard three units - I believe three unitsgot disparched to it. So I just kind of a.bsently heard it and - and then I didn'tfiear anything rnore wfil all of a zudden I heard (Elaine Brown)'s re- voice onthe radit urklng for help or cover - additional units'Okay. LIh - uh, let me just do this real quick then. Have you ever had anyprior contact with Mr. (Moore)?Not that I am aware of.okay. Do you have any prior knowledge of Mr. (Moore), who he was andwhat he was all about?um, no. I * I kinda feel like there was a cail last week, ut1 of a 5150 at somepoint and I thought maybe it was the same pe$on when the cali went out but Ihave no idea if it was or not.Okay. Um, all right. So, uh, you said that you were * you - you - you and theothei officers were able to successfully handcuffhim. A'1d were you andOffrcer (Mathis) or any other offtcer together able to suc- successfully restrainhis ankles?Yes, we were.Okay. After his airkles were restrained and heos now in handcuffs did thestruggle continue?Um, yeah. We e- he was still trying to lift up his legs, um, and move' Um,ldon't know how long that went on...Okay.

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INTERVIEW WITH OFC. (TIMOTHY) GARDNERlnterviewer: Sgt' Hong' Del Johnson&-TiHr?t;H

Case # 2013-03510

...but we - we had to basically immobite- or t- to tlre best of ability keep himin o"r place while we decided how to get him tansported and that* and therewas some discussion about, uh, the ,urip ,ertos BFD and then we realized hewas just too big to fit a wrap so it had to be BFD'H- when you said you kept him immobile like, to your recollection how wasMr. (Moore) kept immobile while waiting for, uh, BFD?It was - I - I feel like he was partially on his side because when I was lookingdown at his arkles, um, his ankles were togetlter, ulr, Vou $ly'um' on ont p "rtrr" othe, and like I said, I didn't really, um, look to hil head but I wasfro'fOlrg onto his ankles or (Mathis) was. I can't remember what. And - andthat's it.So you're saying that, um, it would be inconsistent with him beine.flal on hisbact or flat on lis stomach, uh, to have his ankles appear to be stacked one onthe other.That-yeah. \Like - like, re- like - like, I'm doing with my wrists tike that? Except he wason his back. He would be more parallel?Right.And so yoI]J recollection is that because of the way you knowthat you werei,;id*g'il *kles if - you believe that he was probably o11 at least partially onhis side, . .Correct....is what you're saYing? OkaY.Was somebody bracing him to keep him on his side? Do you recollect?That I don't remember-Okay. But he was on his side?Yeah.okay. And to - and to you recollection nobody was s- sitting on top of him;laying on top of him at that Point?No.

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INTERVIEW WITH OFC. TTIMOTHY) GARDNER-'t t rriu*tt, Sgl, Hong DeL Johnson & Harry Stem02'13-1316:14 PmCase # 2013-08510Page 17

okay' All right. Um, and so there was a discussion aS you said as to the wrapor BFD and when yor.uia, uh, was it - was it d- was it determined based ona-isrusrion that you were gonna call BFD?Yeah. I itiof. it was immediate.Okay.It was - it was he,s too big for the wrap. we better call BFD and, uh, I thinkil- S;td;,uh, (Ptillip;i*u 'o*tthiog like' *Yeah' thev'll do the four;;i"G;^#," or roor.thirg like that in a gurney'Got it. So, um.I don't know if she used the word four point but it was some kind ofrestaint...Yeah..,.term that she used.So you - yorlr decision was that you guys gonna get the BID'* bring agurney up so you d;;t*rp hi*Lio i *" - io a medical gumev and totake him down?Right.Question is is do you know at,- did yoll know at the time white during _ whilethe struggle ** rrupiffi *ny trr."mcers, u[ wanted him restrained inhandcuffi? What was the intent?No. I did not know.okay.Arrdafterthe-everythin.gcatmeddownandtheyweretoldthatwe,regonna get the gurney f;.;'h;ltd'' Moole) to take him out of the room do you[no* it y he was gonna be taken out of the room?No.Okay. IJm, so, uh, you're * you're waiting for the gumey' correct?Yeah.All right. And who made the request for the gurnefl Do you recall?

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TNTERVIEW WITH OFC. (TIMOTHY) GARDNERInte*iewer: Sgt. Hong, Det. Johnson & Harry Stern02-13-13/6:14 Pn'Ctise# 2013-08510Page l8

I believe it was, uh, Sergeant (Phillips).And while waiting for the gurney unforhrnately, Bm - um, Ivft', uh, (Moore)had a difficulty breathing. -Could you describe how that came about to the bestofyour...Just at some point it seemed like he was not breathing. I mean, it just, you -kr"*, we were waiting for the gumey and I don't remember the passage oftimen uh, but it was not that long, um, and then, eh, he - you know, we - weweren't holding him down at that point. Uh...You were not?No. Um, or if - if we were it was lilie, light touch just the way you might, uh,hold On to someone without pressure but knowing if they start resistrng you'lI- you'll know it. Um...And he was stitt breathing at that point when you guys were doing that he wasstill. . .Right...was, uh:uh..Right....was he still screaming?No.Okay. But he - but you knew that he was breathing?Right.Okay.so with that khd of, uh, I guess a iight touch, uh, it - I don't remember who itwas said, "H.y, is he breathing?" And I - and I looked and he wasn't. So, um,we tumed *- *.tt I guess it * we immediately decided well, w9 need to do.fr*.i.o*prrssions ight away. And, uh, Sergeant (Phillip$ asked for, uh,BFD to rqspond to a riedical emergency. I think she used that term, somethinglike it.okaY' ug

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INTERVIEW WTH OFC' (TIMOTHY) GARDNERInterviewer: Sgt. Hong Det, Johnson & Harry Stem02-13-13/6:14 PmCase # 201 3"085 l0Page 19

And I immediately went over and attempted or did unhandcuffhim and, um,yr- rrrr*, po- u- it *ut tioJof all one motion where he was

gonna be roiled;i thr;d;nto his Uu.ttfr"r.fo* I wouldn'tbe able to unhandcuffhim' So; th;i poiirt f was unhandcuffing him as - as I don't rernember who it was;;ffiffiilhis back *d tt.n i:***diut ly started chest compressions'So you a'unhandcuffed Mr. (Moore)?Yes.Okay.SuccessfirllY ?And...Yes.okay. And he was rolled back onto his back and where they were doing - andthenthe officers started doing CPR?Yes.Uh,doyourememberwhot-whichofflrcerisdoingthechesicompression?It was OfEcer (Tu).okay'Doyouremdmberwhowasdoingtheairwayportionofthe_theair?Um, you mean making sure that the airway was clear?Yeah. Or if (unintelligible)'I......normally you have somebody at the mouth" 'Risht....and somebodY at the chest'I don't remember who did that'

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H:IX',fJ#,H.ff:,:lrflJf,"J?s,'313*02'11-1316:14 pmCase # 20t3-08510Page 20

Okay. All right. So if you can femember from the time that the f- for the la- s-uh, iack of a better expression from the time that the, uh, fight was s- s-stopped to the time that he stopped breathing'.Mm-hm....what - what would you - do you remember what time span that would be?Um, there a couple minutes.Couple minutes?Yeali.okay. so what- what are you doing while, uh, ttre officers were doing, uh,CPR on IvIr. (Moore)?um, well I was - [ went out the door 'cause BFD - I - well there was.#tirti"g, uh., irformation as to whether or not BFD was on scene or comiagfrom a firI'or something like that 'cause there was another incident that was inprogress. And so I was,-um - I went out the door to see if they had arrivedicause I was gonna lead 'em back into the, uh, room'Iknm.So I was, you know - and I think, urn - uh, you know, there was some talkuU*t, yo,, koo*, let's get these guys here, you know, s- can we speed it up orsomething like that.OkaySo...And so you were out on the landing area (unintelligible)'Yeah. I think I went back and forth once or twice'Okay.Just to..And then....sh- keep going out to see are they here yet. You know, that kind of thing.

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TNTERVIEW WITH OFC. (TIMOTHYi GARDNERInterviewer: Sgt. Hong DeL Johnson & Harry Stern02-13-13/6: 14 PmCase # 201348510Page2l

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A:And w- every time you went back in it was just simply the officers" '

Just......continuing CPR?Yeah. And..(Unintelligible).. . .* alone point I asked Officer (Tu) if he needed, uh - needed, um, youknow, give him a break or...Yeah....to take over if he was getting tired and, ulU but he seemed to be doing apretry good job. And he said no, he was fine'Okay.And, um...Okay. And eventually paramedics. arrived?Yeah. And so I think it might have been my second time out the elevator - Ihead the -the t- you know, elevator coming up or something and so I saw itopen. I said y- in hsre guys' And let 'em into the room'And, um, BFD came alrd, uh, kept working on Iv{r' (Moore) an{-1heytransportla him in the ambulanci to Vqur knowledge to (uninlelli$b1e)hospital? so when * after they trans- after they took Mr. (Moore) out of the,oo* ho* - did you stay or did you - did you leave or what - whaf happenedthereafter?Well,I left and went downstairs.When -when BFD arrived?Yeah.When *re fire...Yeah....and paramedics arrived? Z2Z

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iff }lf#UlH"H';:l'ffff [??,*'llffi02'13-13/6:14 PmCase # 2013-085 l0Page22

942,i1 A: Yeah' Yeah, um, they totd us if we weren't needed' to leave'944g45Q:Isee.oCausethe_okay.Arrdsoyouwent-you.left?946947 A: Yes.948g4g Q: Did you leave the aparhnent scene? Did you drive offi950 ^ *^.,a,{ ar rho onq#w Nas relisved'951A:Yeah'No.!un,stayedattheapartmerrtjusttobr.untillr9s2953 Q: OkaY'954g55A:Andthenatsomepoint,um'Iwastoldtogobacktothestation'956 , t. r,-g57Q:okay.Whotoldyoutogobacktothestation?9s8g5g A: tlh, Sergeant Ross'960 rvising unit or which sergeants were on961 Q: Okay' Um, do yourecall y-hich suf.9.2scene}uh-rrh,atthatincidentoutsidetheapltmlt,insidetheapartrnent_

which - which supervisors arrived and were there?964965 A: Well I know, uh, (Ben Cardoza) and (Amberi w'ere in theroom'966961 Q: Mm-hm'3:3 A: ...in the aparknent. (sha-wrr) was, uh _ (shawn) Ross was downstairs and, utr,g7O that's as much as I recall for sure'971972 Q: OkaY'

at some Point''r7,?^ A: Um, maybe (Van) Huynh was there but I - I can't be sure97s976Q:okay.Va.(Van)Huynhis,uh,H.U-Y.N-H?You,renotsureifhewasthere?977g78 A: Yeah,I don't"'9799s0Q:okay.Doyourememberanyotherrankingofficerthereon_onscene?981982 A: No'983?84Q:Okay'Um,let'ssee'Um'doyouhaveanything?]5

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INTERVIEW WITTI OFC, (TIMOTHY) CARDNERInterviewer: Sgt. Hong, Det. Johnson& T#,,i1ilCasc# 20t3-08510Page23

Q1: Did you interact with any subjects that weren't police officers or Mr. (Moore)gB7 during the time when you came there in the apartment (unintelligible)?A: I, um - when i frst exited the elevator I didn't know exactly where the room.was" 'Ql: Mm-hm.

g4 A: ...and there was a person and I don't know who it was but they were like,looking and it looked like they knew what was going on so I said, "Where isit?"Ql: Mm-hm.A: *Where's the room," maybe or something like that. And he just pointed,Ql: OkaY.A: So (unintelligible).

5 Ql: Did you know that pelson from prior contact or anything?/ A: No. No.Ql: Okay. And did you see that person later or" 'A: N- notto mY knowledge.Ql: OkaY.e: Okay (gnintelligible). Okay. Lh, actually I got some questions. Last ones from7 me. bf uU the offrcers on scene that you re- can caJl - you can reoall- . -A: Mm-hin. Mm-hm.Q: .,.ohy, at any time did any officer or you strike Mr. (Moorei with a open

hand or closed fist?A: No.Q: Did you witness any offtcer or you use - use the, uh, baton?A: No one used a baton that I saw'I Q: Had you or any other officer, uh, used, uh, OC spray? 224


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INTERVIEW WTH OFC. (TIMOTHY) GARDNERInterviewer: Sgt. Hong r* "5;,1 ?r?rfiTCase # 2013-08510Page24

103 11032 A: No,1033rc34 Q: Did you or any other officer to your, uh, recollection use any type of weap'1035 afly type of instrument that can be used as a blunt object?10361037 A: No.10381039 Q: A- and did you or any other officer use your firearm?1040i31l A: No1043 Q: Did - was a firearm used in any way as a blunt object?

A: No.1047 Q: Okay. Um, let's see. Do you recall ofthe best of you recollection any otherofficers who were or scene other than those that you've mentioned so far?A: A- up in the a- aPartnent?

15152 Q: 8- up inthe apartnent,A: Yeah. No.Q: Pnintelligible) no.A: That's iLQ: Okay. Uh, what about outside while you were leaving and, uh, you wereoutside waiting to be relieved]A: . Um-uh,(AndrewFranco)wasthere.Um, (TimKaplan)and,um..'Q: Okay.

. A: ...that'sit. Thatwasasfaraslremember.Q: (Hany), anything?Q2: No, thank you.

{J73 Q: Um, is there anytbing you want to, uh, add that we may benefrt fromknowing?225


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INTERVIEW WITH OFC. (TIMOTHY) GARDNERInterviewer: Sgt, Hong, Det. Johnson& T;flrf;Tfi

1076 A: Um, I would just say that - that we did our b.est and that I saw every officer1077 behave very ProfessionallY't078l07g e: Okay. Good. (Unintelligible). Ali right. It is, uh, 1847 hours. This concludes080 the interview, uh, Officer Gardner, G-A-R.DN'E-R'0E I1082 This transcript has been reviewed with the audio recording submitted and it is an accuratetanscription.

Signed

In-Custody Death Investigation - Xavier Moore (Part 6 of 11). Interview with Officer Timothy Gardner...

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Transcript of In-Custody Death Investigation - Xavier Moore (Part 6 of 11). Interview with Officer Timothy Gardner...