Setgea:rt P.

Hoag/Hotnicide

Case Repott

No.

13-08510

Incideat Date /Time: 02-12-1-3,2349 hffi Incident Loc

eion: 2l76Allstoo

S[ay #514, Berkeley

Cotoaer's R.eport.irlc. 2013-00538

Fefuuanl1" 20tS
About 0600 hts, I teceived a telephone call ftom Lr Rolleti idsrrning me rlat there was an incustody death iuvolving offices of the Fatol Opetations Divrsion

I attived at fte
,

statiou at about 0700 hrs. OfEcerJohnson a:rd Grant had already atrived.

incideat Officen GranqJohnsoq ond I

About 0730 hrs, OIEcet Grant obtained the ComputetAided Dispatch (CAD) purge for this o'we') bqgan a rev-iew (hereaftet tefered to as of ttre CA-D details of the incideot

The CAD details showed the folowinsinfo:mation: A 91l-Emetgency @llTfu a Mefto PCS cellular phone (415-365-1,248) ftom 2150 ShathrckAve, Berleley. The incident *call type" was categotized as a"475?'aad desigpated a piodry two respoflse. The locatioa of iacidentwas'2116 AIISTON WAY, QualiEet 514, Vetrue Ber-keley''. 'RESF: EJAVIER MOORE, BIVI, 43,I^SW i SARONG TPE WRAP iNSIDE THE BLDG.- The tepoging party was 'TIAYES,JOHN." Furfuet details

induded'tiO KNIOWN WEAPONS APT DOES HAVE KTCHEN KNI\rES / SCHIZOPHRENIC OFF A,[F,,D$ AND DRINKING AICOHOL / RP STILL BE IFO TFIE BLDG / RESP IS THE RP',SOOMATE." Nafi;re of CaIL 'i5150'& 647F AICOHOL." '?E MEDICAI & 1042.'
About 0735 hrs, I called the Alameda Couaty Ceatral Dispatch to noufy the oa-call Disttict Attomey's Office rnvestigative call-out term. About 0750 hts, I tequested - via the patol setgeants office (Sgt Phillipd - ar ofEcer be seat to sesrte the incident iocation to preveflt enty+xit into Xavrer Moote's apaf&enl About 0806 hrs, I teceived a call ftom Deputy Dstdct Attomey Dalporto. I gave Daipoto a srimrnary brief of the ia-custody death incideor About 0833 hrs, Dalporro advised the District Attomey's Office would not be sendi+g arr

iavestigativeteam.

,:. ':'

':"'l

72

About 0835 hrs, theAlameda Cormty Coroner's Office advised the autopsy of Xavier Moore would tate place on02-14-13 ai abour 0930 hrs.

At about 0840 fus, Serge*rit Phillips, the secondaly supetvising ofEcer.ofl scefle, gare us a btiefing of the iocidear OfEcer Btowu and Tu were dispatdee d to 2716 Allston \May fot a report of a distubance. At some point in time, Officer Brorpn tnade a radio broadcast requestitrg eJrrergeocy
assista[ce. Xavier Moott tefused to be attestedfot a $10,000 we.raat. Officers were engagedin Physical sttuggle with Moorc. Moore was eventually haadcirffed and his aakles bound wi& the Wrap device leg stup. At some point in rirue, N{oore had labored b:eathing and subsequently stopped bteathing. OfEceru conducted CPR as the paramedics lrere surmoned. Moote was
a

ttaaspoted to the hospital (Aita Bates) where he was pronor:oced dead at 0134 hm.
We listeaed to the 911 call made by the tepo*ing party floh-n Hayes) as well as rhe Betkeley Police rnaia patrol channel. Ia summaty, Hayes stated his "roomaate" was "acring a foof'and needed to

be taken to the '!sych'watd"'-' 'Xavier Moore'who,is "Schizoaff.e4ive'.'ha$'t aken his medication fot a o'long time." Thee are flo'wealxlos in the home other thaa kitchen knives; howevef,, Xavier
has

bm

kqown to use tlese knives in a fhteateningrnrnri.r.

wef,e made dudng the

The following radio btoadcmts Erhaaced Coutiet

02/12/15
system) :

incident (time desrgnation based oa the

23:54 Radio dispatch on poiice chamet 23:57 3A4 (Ofc Brown) attived. ofl sceae

. . ./ v

4A3/4AS (Ofcs Tu and Smith) adved on scene 02/13/13 00:29 "Additisaal covef request via radio btoadcast made by Ofc Btown 00:32 Request fol a'Vrap" via radio btoadcast made by Ofc Ketmiler 00:33 Wrap oa scene broadcest by Sgt Catdoza 00:33 Reqr:est fot spit mask made by Sgt Phillips 00:34 '.Code-3 gumey... wrap not sufEcient''mdio btoadcast by SgtPhiltips 00:35 'Code 4, Code-3' btoadcast bV Sgt Phillips 00:39 'Medical Code-3... bouble bteathing" radio broadcast by Sgt Phillips 00:41 'lSubiect not breathiag statting CPH'radio brcadcast by Sgt Phillips
23:58

0&54 Request for Cdme Sceoe Tech radio btoadcast by Sgt Cardoza 00:58 tlayes i5 *arsp6ft6d to jail for wartant by Ofc lGplan
01:07 Ofc Tu enroute to Aka Bates with ambulaace (h4oote \ras ptoflolutced dead at 01:34 hrs by

Ala

Bates Hospitai)

73

About

hts, OfficerJohnsoa aad I intemiewedJohn Hayes. (Intewiew Room-C / vid,eo audio recorded). The following is suemary of the ioterriew.
1106

aud.

John Hayes has been living with Xavier Moore for a "couple hooths" atzlT|AJlstoa Way #514, Berkeley. Flayes and Moore wete fornerly madawgrch.doaship. Tn &e pas! they lived togettrer ia San I'rancisco for a period of tirre.

An 02-1'2-13 betweeo the houts of 1700-1 800 hrs, Hayes retuaed home to fiad Moote and "Asgef is the aparfuent. "Angel" is Moore's "girlfriead." Moote deuanded Hayes grve him mofley fot alcohoi and motc "speed" (Afletlamphaamine). Sflhen Hayes refused. to give Moote morlry, Moote yelled fot Flayes to get out and to aove ouL Moorc demanded f,ore "speed' frota *Aagel." whfl "AflgeP said she didn't hav'e aoy utorq Moor ordercd "AngeP to leave as well. Hayes desctibed Moort as being'tiolent''aod "thrcatening." Hayes left the aperheot. ,\
Latet, Hayes teturued to the aparhent. Hayes found Moore and Edwasd Stetlirg iu the ellaf,unert Steding is flayes' fiiend:, Steding has been actiug as Moote's "cargivel" Moore was yellingand denoaud mote,"speed" and alcohol. Moore was pacingbacft and fo*h into ti.e bedtoon and Iiving tooa. Moote wffi rqllting fut, chaia-smoking, and Hayes desctibed Moore's

,Nr"t'

behavior as "r.ulusual." Moore'wes otr *3-4

dsf

binge on "sped'and alcohol

Hayes said Moore was 'hiolent" aad.'hgressive.' Moofe's ptiot drug biages have "nerrer" beeu

violear Hayes desctibed this episode as "differeot''and 'Very unmrral," Furtb.eroote,

said Moote had meotal health issues; "psycho-afiectire" a.ad Bot taking his medication

Hayes

for a long

time.

't
,.^1s' Hayes left the apartment ad called 911. Hayes told the 911-Operator tlat Moote aeeded to be d\- '5150'd." H:.yer ied the tespoading of&cerc to tle aparhneut and unloclied &e doot for theoa.

n '{\5

lt1

5\50

Hayo remem.bered the ofiEcets ulking to Moore at the door. Fhyes was aken to jail fot his waraat by_oae of the officets. Hayes did aot witaess what occuted inside the aparbneaL

Abou/0930 did

r) /ts"

OfficuGuat

coatacted the SFPD wa.ffaflt bureau and confirmed )&vie.t Moore

(s
,f-

ioM...

an active $10,000 misdeaeanor wat?st for his arest for PC 242(Case No.

t}t$f**t

1005477l21Wasant No. 720035). The CLETS/A!f'S system, howevet, had the wong bir& year

inputted P+17-52), Officer Graat rho s[tnined the cdme rE)ort associatedwith thewarant.

About 1035 hrs, 9flcer Gr:aot IooF a call &om Elysse Moore Gtep-motlee to Xayier iVioote). , ., ,:; Moote wes awal of het.son's death and &e geoeral citcrrmsances sumunding hig feath. Moore q,'25 confitrned Xaviet 2 diqgnosed paunoid schizophtenic. Moote confirraed )hvier aod thg.fapiiX had have trutnerous pdor contacts rnith Berteley meotal health aud rle Berkeley police. Xavier sufFeted &om delusioas and heard "voices ia his head," Xavier has not been taking his medicatioa Xaviet abused d*gs; specifically crack cocatae afld methamphetamlne. Xavier chiillrs grn and vodka,

74

Cfflcer Grant obtained a seatch \Maffant fot2ll6Allstoa Way #514,8e*eley. On02-13-li * about 1220 hrs, tle wartafltwas granted by the Honorable Judg" Y. Nord:ridge of the Supetior Court, Counry of.Naaeda,State of Califonda. About 1300 hrs, OfficetsJohnson, Grant and I ftIomicide), alongwith Sergeatrts Flawk aad Smirh (Intemal Affaits) executed lhe vrarant. The warrant was sho:pn to the apattnrelt ff4traglaeflt compaoy rePresefltatiYes. The doot was unlocked for us by a property manageaeflt staff eetuber

(I(.'io

B ruy

9 25 -9

+7

7 29).

,$.Y

Crime Scene Techrriciafl Vatgas #430 tookpre-post video and photogtaphs of the apamneot, om"".Johnson was designated the **. oior'on the waffaflt seatch.
2116 Allstoa nflay (Gaia Buildiag) is a se\ren stof,y'aparhert coffiplex. There is an uacovered gtound ff.oor courtyardwith the apartmeflt units encircliag the courtyard in a squate shape. The m:ir} entry into the compJex is on the Allston Street side. The tnaiq eleyator is oa the west side

of the complex. This elevator

accesses all levels rncludiag the

rooftop.

Apartnent turnber "5l#'is located on the norl side of the conrplex, 5n floor. The aparrmeat nr:mber "57q'is pdnted a.bove the 6oo1. fipon entedng the small entry'hallwap &e batbroora is

75,

";

rr+

irrunediately to the left (west). Sevetal feet itto the aparLment opetrs to toom area and kitchen. The one bedtoom is to the noth.

a combirration

living

The apartmefltwas spatseiy fiuuished nessywith manyitems strewo about. The futon type mattress (on which the took place io &e Iiving rcom) was found in ttr"
was the norfheast corner of the living.robrn atea.

buthiffilX.

at time of incident. Its original locatioa

The living tooh was firmished with a smell table with a teievision on top (aorthwest corner), a chair with a 'aooh box" tadio play* (west), a second 6hair, and a small table foided and placed up against the waJI (notfreast comer). In the middle of the room therc wete several travel bags

filledwith dothes; catdboard boxes; a portable shopping cerq clotles saeum about on fue floor;
aad a black trash bin f,lled with garbaga aad spoiled food.

76

The kitchen with standard appliaaces uras in fur*y wirh house wares stacked in the sink and. along the counter top. Thete was sorne sort of tall tack in the kitchen as well.

The ua-kempt bedrooar was fuidshed vith astandard twia size bed next to tle ioset oa the east side' A srrall table rack andrc&igeratot (ernpty of coaients) was placed to the west. The remaining notthrvest area of the room was piled with fta?e1bags, clotles, and a plastic bin that contaiaed miscellaneous items. The west side of the room was furnished with a small able aud shelving. The shelving had some office equipnreat A tetenisioa staad with a TV was in the

sou&west colaer. Oa top of the TV was an assortm.ent of pill bottles for 'John Hayes." In the shelving of the television staod was mote scheduled medication for "John Hayes." The closet was disorganized with clothes on haagets and piled on the floor. Therc werc small suitcases in the closet and in patrs of tle toora. The closet shelf had miscelianeous household items.
The ba&toom ryxs rrnternPt and dirty. The hallway open closet wift shelving had toiletry items and medication botdes. On the gmund was akg. tmsh bag filled with diuy clo&es.

The following was observed (photo aadvideo) atdf ot seized

as evideace

in &e aparunent. A::y

items seized were photogtaphed aad.videoed pdot to collectioa:

A leopard ptint haker top was for:od on &e gtound in rhp aortheast corner of &e tiving roorn. A -| leopard pdnt tobe was found '{taped on a chait in the liviag toom. (rte leopard print outEt wa,

.r^* h.J it' Z ' I W* .oNd

Inside a cardboard box in the Iiving rooe was a.strarr cut to 2.5"; a.l"xl"'clear plastic press-lock b*gg. with suspected hdatijuaaa; a purse &at held an empty inhaler (albuterol sulfatQ box for 'Xaviot Moote" (uukaowu medicatioa); aad. a hlue piece of papdr rhat appeared to be a medical docurnent for 'Taviet Moore."

77

Ia

the bednrom on the table next to the bed was an ernFf syringe in a plastic tray; a brown costnetic jewelry type box coatairiag unkaown pills; a white coffee mug coutaining wtr paper

*ra

@ pq-4rySt*.; a smali black box contairingnumetous 30.0mg Gebapentin

a

capsules

(uncoattolled phatraaceutical for seizures);

wbite plastic fitst aid type conLaiuer cortaifliqg

l4tiPle

Hayeq; aad a collection totice

d:at Pllstic emfryj'xf'ba_ggies ATsrT biltiog sbehenr forJohn -with*tesiduciao oMat}ara fot D',{-rnbtosio" 1717 Uaiversity rdveoue, Be&eley.

78

Found in the teievlsion stand shelvingwas a small nyloa bag coxrsif,iflg rubber gloVes and, shoestdngs' Also thete was a smallleather o'SF' toitetry bag ttrat contained lubticang condo@s, cottotr bails, alcohol ptep pads; rubbet toutniquet, plastic caps L small dear plastic.ptess-iock bagielabeled 'T/itahirl C" containing eystal white powdery substance, and a brokea cack pipe.

While coaducfingthe seatch of Moore's aparmenq IGvin Btay (popertymanagement staff member) told Officer Gtant ttrat Moote's aeighfus1s have compJained in the past about Moore
trying' to sell them aazluanacigarettes.

About

1515 hrs,

tte

search

watrant investigatioa of the aparmeot concluded and the apartmeat

seeuted.

\1

In the CAD teport, the folloping :tf,its't were listed as attached to tle incident: 449 (I,{ctatosh), 4A7 ({<astmiler), 4A5 (Snith), 4A3 (Tu), 3A16 (Gadaer),3A74 fftankel), 3A6 F4atlis),344 (daterziad to be Bmwn),3A2 (Kaplan), S24 (Ross), St7 phillips),ID1 $amison), S31 (Catdoza).

[Fni

Tu submitted his suppleaeotal report. Off,cet Tu was reprcsented by H*ty Stern paw Fitn of Ra:ins Lucia & Stetn). Officer Tu gave a voluatary statemeflt (waiver srgaed) The iaierriew was audio (digiral) tecorded- Tte following is 4 srrtnmty of OfEcet Tu's statement. On the date/ame of incideag Officer K. Tu was working patrol team four, call sign "443." Tu's supetvising officers rrere Sergeants Y. Huynh andA. Phillips. Tu did not sustain aay injuries ftom the incident.

7g

Officers Brown aod Smith were dispatched to this iacideat. Officet Tu self dispatched to assist Tu rccalled the radio call fot semice iavolved an'"alrercation" with a"toofrfrtate" who was schizophreaic and off his medication. Tu atrived ofl scere and joiaed Btown aed Smith, The off,cets cortacted &e teporting pemoa,John Hayes. Hayes told off,cers rhai Moore was srhitoFrhteuic and offhis medicatioa and needed to be placed on
a

"5150 hpld."

The doot to aparuaent 514 was closed. Hayes unlocked arrd opened the doot for the of6cers.

Brown calied out to Moote. Moore came to the thteshold of rhe ftont doot. Tu overheatd Brown e4plain to Moote the reason for the police preseacp. Smith fty tadio) began a recotds ,"q*rf of Moote and Hayes. Hayes had a waftaat. Erown instructed Smith to take Hayes in fot
his wauant. Snrittr left with Hayes. I-lpon request by Btowq Moore stepped out of '&e aparttreat aad onto the Ianding atea. Btowa

told Moore he was beiag a:tested fot an outstandiag

waffif,t. Moote becane "pr.ty

upset

"

"elevated his voice'wtriIe'lraving his atms a.roufld." Moore spoke of wantiag to coatact the

FBI to clear up the wauaat. Brown tied to calao Moore dowu. Moote wasat complfng Browu "iignaled" to Tu to assist het in handcuffing Moorc. Tu took
a

so

hold of Moote's leftwtist as Btow'a took hold of the other. Moore sarted to screah. Moote pulled away and d*gg"d Tu aad Bmwn into ttre apartmeni. Tu and Brown sEuggled with Moote as Moorc made irinto the living toom atea of the apartmeat. Moote fell on top of futoo tylle mattess (no fimme) in the aotttreast cotaet of the liviag toorn Tu andBtown fetl alo'ng with Moore. Just befote the thtee fell, Edwatd Steding was sitiitrg oa the ft, tuess but quickly
got out of the way. Btorra ordeted Stediog out of the room. Moore fell on hjs left side. Moorg begaa kicking at Tu. Tu i'sprawled' oo top of Moore's hips to control Moore's 1g, *d body. Tu took a hold of Moote's right arm and put it in. a "tear wrist

1odr" Moore rolled outo his stotnqch, trappiagMoote'sleft

struggl.ed to take a hold of the left atm.

ortt', undemeath his

body. Btown

Tu recalled Of6.cet Sairh was first

Ga:drrer, and

to.

attive to assist. Thereaftet, Tu tecalled Officets Mathis,

l(asmilerfollowed WitL the additionalhelp, Mooreos hands wete eventualiy handcuffed using two sets. Moote coatinued to struggle and kick. Moote's ankles wete
restaiaed usrng dre Wrap derice IEg sttaps. The stuggle with Moote occutred enffely on the
futon-mattress. Oace Moote calmed, Moote was rolled onto his side to unable to find a pulse (carctid).

'lreveat oxygerl asphyxiadoa." About a

minute aftet Moore finaily calmed Brown anoounced Moote had stopped bteathing and she was

Er!

Tu assisted in temoving the handcuff and officers roiled Moote on his back off the maLtress and onto t&e floor. Brown checked fot atrway obstrucrioas as Tu began chest comptessions. Tu did nottecall if the leg staps rpefe removed ftom the anlles. Tu recalled headng afl of[cff use the radio to tequest emeryency medicai f,esporse. Sotrre tirne passed aad the Berkeley pammedics a*ived. One of &e paramedics relieved Tu.
Tu recailed Sergeaflts Cardozaaad Fhillips were or scene but he could flot recall at irhat point the two al.lr.ved. Tu was tasked to foliow the anebulance (and Moore) to &e hospital. Tu remained at &e hospital uotil relieved by Off,cet Fenkel. Tu descdbed Moore as a "transgendet'' male, 5'9" b 5rlQ'?, about 350 lbs. Moote ** lq,sqring a light belge coloted skirt and "hrbe top" that was thin in haterial. Tu believed based ou his ttainiag and expetieoce that Moote was under the influence of some type of drug. Tr4 who is

6'3" and 230 hs,

descdbed Moote to be suong persotr. Tu felt at cerLain points

in &e stuggle

he asd Brown were being overyoweted byMoote.

At no time did Off,cet Tu use ot witness othet off,cem use haud sftikes, kicks, it rpsgt \reapons, OC, ot their sersice pistol if, aoy tnarner dutixg the struggle with Moore. At no tit re during Tu's coatact with Moote did Moore say he was having difftcuky breathiag. Tu aoted that it was
infetred tlat Moorc wasn't haviag diff,culty bteathing because Moote was able to yell and smcah. dulrlg the struggle. Futther, aeithm Moore's body positioaing duting the stuggle 61 fts mqnnet jlr which officels took a hold of Nfoore impeded Moore's ahilitf to brcathe. Tu vaguely recalled. one pdot conhct with'Moote. The contact was at a differeat locatioa aod involved Moore being evaluated for WI 5150. Tu had no pdor contacb withJoh* Flayes ot Edward Stedfug.

it

About 1710 hrs, Offi.cerJohnson aad I ioterviewed Officet B. hdathis- It was at this time that Offi,cet Mathis submircd his supplemental report. Officer Mathis was represeflted by Satah Burdick paur Finn of Rains Lucia & St",-.). Officet Mathis gtve a voluataty s tatemeflt (waivet signe$. The intemieur was audio (dr#el) recorded. The following is a sumnrary of Officer Mathis' statement. On the date/time of incidenq Officer B. Mathis was working patol tea& tfuee, calt siga "346." Mathis' supetvising officerc were Setgeants S. Ross and B. Cardaza. I\4athis did not sustain any raiuries ftom the incident
Mathis heatd Brown's tadio broadcast salng'\xre aeed additional udlits," or something simiiar to it. The radio btoadcast had sounds of a "strqggle." Mathis rcsponded "Code-3" fiom Addison
an.d

MLI(

Mathis only knew that the odgiaal call for setvice had something to d.o with a"4\5"

(distwbance)

E,I

Somebody had put

moved a small.bench

catd in the locking rnechanism so t&e lobby door was ualocked, Mathis fton the lobby to preyeflt the doot ftona closing. Two other officers

auived about the same time. Mathis renrembered oae ofEcer as Gardaer but couldn't rearember the other. The drtee rode up in &e elevator togetherThe du'ee went to dre opea doot to aparheil.t u574." Ivia&.is iooiced.io ro fitd a '?ery large persolr that [ofEcers] were struggling with and getting tJrrown arouad" oa top of a "thif," metlress ot futon. Tu was at tLe "lowet eod' of Moore's body aad was getring *kicfted by the flailing iegs." The 'tlree" ofEcers [r:, Brown, aod Smifh) in t]e suuggle wete gettiag "bucked"
stop fiShtiry stop tesistiag2' ftom the officers. The off,cers wete haviag a "diftcult time at coatolling [the] iadividual."
as

well Mathis heatd "a iot of...

Mathis went in and itnmediately took a hold of Moore's feet to stop Moote ftom kicking. Moorr was on his ftoat side, on top of the &atffess. Moore was yelling, "Get offme" and "iust
scteaming ia genetal" OfEcets urete yelling '"Stop resisting and give us your.haods. Stop, stop."

Mathis took one ankle and crrcssedit ovet the othet but was i'kicked
245 lbs) desctibed Moote as

off."

nilathis (who is

63",

'tig"

and "ve-ry

sffoag, lvlathis iook a hold

of Moote's feet a:rd

used his body weight to keep them imrnobile. IvIattri+ ooticed Moole was 'ooa&ed"

ftom the waist down. Ma.this ovetheard officers say the Wtap devicewas btough6 either by SergeantPhilips or Catdoza. Ma&is yelle( "Gi'ne me &e Ieg strap,"
Mathis ovetheard officers iadicate the handcuffs werc put oa Moore. Mathis was'able to restrain

stap. At &is poiot Moore "kinrl of stoppecl ftghtiag.': spithood, Mathis had oneia his patrol cat so he left the apafffi.est to rettieve in Silhile at his cat, Mathis heatd tle tadio btoadcast of of8cets sta*iag CPR oa Moote. Mathis wajted until the panmedics arived aad escorted them to the apattuent
Nfoore's arkles with &e S7rap devices leg
a

Mathis ovethedtd an.officer asking for

Dudng Mathis' pteseace in the aparalent, Xrlafhis aener heatd Moore complain of paia ot
btearhing difEculties or ask

fot medical heip.

Because Mathis was conce'atrating sa lsstrnifling

'dowa or to coattol hitn." Tu was "ptetty much on &e right usiug his body to "keep fMoorcJ side... trying to hold the hips and the uppet torso down." Tu's positioairg, however, didnt

Moore's legs, Mathis didn't see the positioning of the other ofEcers. I\dathis recalied Tu was

affectMoore's ability to breathe; plus, Moore was "yelling and screaming."

At ao time did Officer Matlds use or witness othet ofEcers use hand suikes, kicks, irnFact weapolrs, OC, ot theit service pistol in afly rrlanflet duiing the stuggle with Moote. Upon atrival, Ma.&is didtrt have aay independeat knowledge as to why ofEcers wete tryiag to retaia Moore; [,{athis simply weatirr io assisL When Mathis was leaving to tetrieve tlle spit hood tlaCs rrhen he learned ftom Brown that Moore was being arested for a wa:taat.

E2

Whea Mathis rctumed to the aparment with the para^taedics he sarr Tu uras doing chest cotnptessions. A paramed.ic telieved Tu. Mathis l.ssisted in c[sailng rhe futon-mattress away to give the patarnedics room to wotk tMathis put the futon.m.agress in the batlroom. Mathis stood guatd autside &e aparment with Tu. llathis remembered l(aeflailer was of, scefle aa.d at some poinq Kaplaa snd Mclntosh as well. Mathis was tten asked by Setgeaat Cardoza to conduct a nedhborhood canvass fot witpesses.

'

Ma&is has nevet had paot cof,t4cts with Moore; howeve4 &ia&is recognized the name. Mathis knew Moote to h.av'e a histotyof n'5150" evaluations, drug use, aad resisting ofEcers,
The tre'o selgefl.nts otr scere inside the aparurlent wete Phillips atrd Cafdoza;

witl

Catdoza aq fte

pdq rry scere superrisors.

About 1814 fus, OfEcerJohnsooaad I interviewed Officet T. GarfuEr. It was artlis time tlat Officet Gardner submiued his supplemental rcport, Off,cer Gardser \!,as represeated by Hauy Stetn (I,aw Firm of Raics Lucia & Stem). Officer Gardner gave a voluntary statemefit (waiver *ig".d). The interyiewwas audio (d,gbl) rccorded, The followingis a su::aaary of Officer
Gardneds statemedt.

*3L76." Gatdnet's

On &e dateltime of iacidenq OfEcet T. Gardner was wo*ing patol tegm ftreg call srga supetvisirrg sfEcets wete Sergeaats S. Ross and B. Cardoza- Gardaer

sustained a rw'rsted knee &om &e incicleaa

Gardner heatd the mdio broadcast by Brown aslring for "hore officets ot somethiag to tlat effecL" Gatdoet tesponded "Code-3" because it souaded as though Btorxrs'kras in some kiad of struggle." Gatdnet knew Brcwn uras orr "some kind of disturbance" ca]L a"frg;htbetween roomfnates," af,d "ttriee uflits" was dispatched.

Gadnet atirred and gotinto the eieratorsdth Officem l\{athis aad I&smiler. Upou teaching the fifth floot and the opeo dooway to apartmeq. t *5!4,u Gatdrer saw a '\rery Ir". . . obese , . . petsoo with thtee officets strugdiflg to subdue him." Moote was 'tind of oa his kaees and his elbows" or shouidets and Moore's haads rrete "partially behiad his back." Moore was *ying to tise up, Tu was on Moore's tight and Brouro was towards Moore's shouldet area. Smith was ofl Moote's left side.
Gatdner rras unclear exactly what Moor's position \ras or1 t&e mattress becaus Garclnet was concettrating his attention oa l\doote's un-cuffed haads. One of Moore's hands was cuffedwith the two sets of handcuffs but the othet wasa't Gadaet took a hold of the ua-cuffed hand to
assist. Eveatually, Moote was completely handcufted

i,

E3

Gardner believed Tr:, smith, and Brown were hroiog a,\*y difficult time,, with Moore and vrould nol have been able to testtaiu Moote ia hand.cuffs without
the additional assista:rce.

appeated "fadgued" and uoable to coatinue in the sff:uggle. Gardner tecalled hearing offi.cets give Moote verbsl coernauds similzt to "stop resisting,i ald iastructingMoote to puthis hands behind his back. Moote was yelling but Gardaer couldn't remember rrhat Moore did aot complain of pain or say hewas having physical diff,culties. Gardnet believed.Moore was rr:rder the influence of some sort of "stimulaat " Moore 'was "sttoflg. .. in terms of his tesistance.,,

Tu

'

Moote was "patially naked'wittr o'something around his legp." Mathis was trfng to tesuain Moote's legs. Sergpaoi Cardoza attived with the \Mrap device. Gardaer assisted Mathis in tt"tryining Moore's legs with the Wtap's leg sftap. Moore continued to suqggle by "tyiqg to Iift uP his legs'" As Moote was kept "prnirlly on his side," Gardner and the othet of6cers uied their best to keep Moote 'ltnqohile" uatil traasport. Noae of &e ofEcers \rere orr top of Moore.

It was decided

that

medical gutney would be reeded to reb.ove Moorc ftom the apar.hnetrt

fpr BFD to bdng a gumey. Gardner still dida,t have iadepeadeat knowledge as to why Moote was hafldcuffed aqd to be tanspoted. While awaiting the S:laey, Et some poiatin time, Moote begon hav.rtrg difficulty heathing. Setgeant Phillips radioed for emeqeocy medicil response. Gardnet ua-cuffed Moorc-s haods aad Moore was tutued ooto his back Tu st*rted chest compres$ions. Gardaer weat out to the aparffieat Ianding to ditect tLe patamedics ir. At one poinE Gardnervoluneered to telieve Tu in doing chestconpressiors but Tu eiected to continue rlrull the paumedics attive<l

Sergeaat Phillips rnade the teguest on the rzdio

At ao time did Gatdner

use or w-itaess other officers use hasd stdkes, kicks, iropactweapotrs, OC, or their service Pbtol iE atry ,Daflf,rr durrg the stnrggle with Moote. Gardnec bad uo ptior or cof,tact widr Moore.

About 1830 hrs, OfEcer Grznt spoke to Chds Vickearan (vIA{i}g7). Sometime inJanuary 2013, Vicketnaa was asked to unclog a draia in Xayier Moore's apartmeat Moote answued the
of tin foil in the other. Uflhile workirg inride, Viclceffian aoticed Moore and anothet guest wese smokiag Moore had a Iightet ifl, oae hand aad a p.iece of sttawin the other. Yicketrran believedMoore andhis guestnere mokingdngs.' Vick;d aho eaw, ia a patially opeued &awer ia the hfuchea sink, a piece of cylfuddcal glass that he believed was a pipe used to smpke methamphetamine.
a piece

door

wi&

a ligfr.ter

in one hand and

About 2009 fus, OfficetJohnson and I intewiewed SergeaatB. Catdoza. Seqeaat Cardozawa.s tepieseoted by Hrrry Stem (law Fim of Raias Lucis. and Stem). Sergeant Cf,rdoza gave a voluntary statemerit (-uio..c @td). The intewiew was audio (digt l) rccorded. TLe following is a sum:uary of Setgeant Cardoza's strfemeot.

84

'

On the date/ine of hcidetg Setgeatt B, Catdozawas wotkirg

three; catl sign "S31." Catdoza's com.maading offi.cer was

as a

superrisor for patro1 team

Lt.

R. Fites

W.t

.h Comroaader).

Cardozaresponded. to Btow::'s tadio tequest fot irunediate assistance. Cardozaresponded &om the police station "Code-3.' Cardozanas aware Brown and o&er ofEcers had beea dispat&ed

to

an

incident involving

a "schizophrenic"

individual off his medication and intoxicated.

Upon adval *2716Allston Wty,Catdoza weat up in the eleyator with Sergeant Phillips. Cxdoza had the Wrap device with hitu. The aparteent door was open. Cardozz saw a "gtoup
an iadividual on a haftress." "The mqttess was oa &e [oot'and the officers rrere ofl iop of the ifldividual. The individuf q/2s scr6amirg and actively resisting both

of officets tesftaining

kipkhg and fightiag tle ofEcers." kfoore lyxs "altn,ost naked." Catdozacould aot rccaJl tbe wotds Moore was scteaming. Catdozadid not hear Moore say he needed aay forrn of rnedical atteation. Cxdozarecalled Offic.ers Mathis, Btown, a:rd Tu were involved in the strqggle
A4oo* along with othe.r ofEcem. Mathis was "a*ekpting to restrain pvfoore's] Iegs."

witl

fipat. Moofewas "attemptiag to use his'feet to kick ttre ofEcetrs." Moote was "xot 6otnFlient with the offices." Czdozawas unable to tecall the positioaing of Tu qr Btowu. Catdoza did rot assist in the physical strrrggle. Cardoza was rmable to recall if of6cets were giving vetbal cornrnaflds.
Cttdoza did aot recall seeiag ofEcets put their weight on top of Moore. Catdoza did aot recall
seeing any ofEcets on toP of Moote's head rreck, or chest alra, oI stomach area. Cardoea did

Moore was oa top of &e fiathtess lying on his

bteathiag. At the time Catdoza etrteted he had no iadependeat knowledge of why Moore was being handcuffed At no time did Catdoza witness any officec use haad strikes, kicks, irnf'ast weapors, OC, or their serrice pistol in arly&afirer dwrng the struggle with Moore
say he was having trouble

aot rccall Moore

Officerc were "evenhially able to handcufP' Moore behind his ,br.ck. Moords ankles were rcsftaiaed inith the Wtap's teg *arp. Moote continued "resistiag and ... sceaming." An officer
radioed for a gumey. Catdozr decided he would guide the patamedics :ia. When Cardoza left the

aparhreat, Moore was strll tesistirg^ Moorewas still "face dovrn on the matEess."
Cardoza retrtned to the aparEnent with the paramedics. Cl*cdazzsaw Moore was ofl his back, trr-cuffed, and Officer Tu was doing chest comptessions, The patamedics took ovff CPR and

kanspo*ed Moote to the hospital

Catdoza ideatified hitnsslf 2s the scene supewisor.. Cardozatasked officets urith scene secutity,

witaess statemeflts aad aeighborhood callyasses. The othet officers preseflt at the apatu::bnt were KasE:nilet, Gardnet, Sinith, aad Mclntosh.

85

About 2010, Officer Grant spoke with Elysse Moore piavieCs step-mother). Xav'iet was regularly fejrg tested fot HIV aad Hepatitis. Most of )hviet's rnedical treatrnents were done at the Tom Waddell Clinic (fomedy rhe Height Ashbury Cliaic) in San Francisco where a special uait worked with transgendet padeats. Moore was receiving hormone shots. xavier had high blood pressute for sevetal yea:s but he wasn't takiag his tneciication for this either. In the surnrnm of.Z}L1,Xavier speat time at theJohn Geotge deto:cifi.catioo frcitity. About 2045 hts; OfficerJohuson and I interviewed Officer B. Shifh. Itwas at this tiane that OfEcer Smith submitted his supplemeatd tepo* Officer Smith was rcpreseated by Sarah Budick paw F-itm of Raias Lucia & Stem). Officet Stdth gave a voluntaty sfatemeflt (waiver signed). The
i:rtetrriew was audio (dt$tai) tecorded. The following is a summary of Offi.cer Smith's statemetrL

Oa the date/time of iacident, Offiffi E, Smith was workingpatrol team four, callsign "4A5.' Smith's supervisitrg of&cets wete Sergeants V. H"foh andA Fhillips. Smith did trot susrrin any injudrcs ftorr rle ircident.
Of6cer Shith was dispatihed to tlis cali fot serrice as a covex officet fot OfEcer Brown. En route to the call Smith renwarant/tecotds chec.ks oa )GvierMoofe sb &athe could "seewho

it

out of San Ftancisco fot $i0,000 but the birth yeat was listed as 1952;the month aad day were cotrect S7hea Smith artived on scece he met with Brown and Tu. Smith told Brown about the waffaflt but advised he was uasrue if it was for Moore because of the birth year. The thtee of &em spoke wi& Joho Hayes the teporting party. Hayes spoke of being kicked out of his aparment by his room",""te Moore. Moorc was "schizophrenic .,. dtu{k aod high."
.

Hayes believed Moore was "5150" and ueeded to be seot to a'lsy&iattic fr.iiity." Hayes said thete wete knives i:r the kitchen but Hayes dids't kflow if [VIo"r4 had any in his possession.

The door fo the apathneflt was ciosed. Hayes used his key to unlock the doot aad opened it. Brown called into tle apartmerl Moote "stepped partialty out otrto the laading." Smith stood as a cover officer concettred about ofEcers back was to a 5 story drop. Moote was rmeadng some
sort of rnulticoloted tube or halter top. Moote was 'tougbly 5'10" and 'oclose to 370lbs,

m"fr.

pushirg 400 lbs."

Moorq Moore couldn't stay "ot topic" and kept insistiag he wanted to speak with the FBI po coafiru the offi.cers'credeotials. Smith believed based on his taining and e4pedence that Moote was "undet the influeace of sonae sort of
Smith overheatd Btowu's conversatiof, rtith

narcodc." Moore's "pupils appexed to be rtileted." Moore was "vety fi.dgety," he was coastaftbr "puling his clotbes, sctatc}liflg at this body," aad had a"hatd time stauding sdIL" Nurnetous thres Brown uied to bring Moote back on topic but Moote kept interrupting and would:r't pay
afteation

E6

Smith used his police mdio to conduct \pattaot/recotds checks on both Moore and Hayes. Snrith leaned Hayes had a "$5,000 wanaflt out of the City of San Fraflcisco," as well as two other
smaller warrants, .Moore had a "cautiolr code" for aggmvated assau-lt. The records buteau

opeator advised of ao wa:taats for Moore, Smith passed ori the infoima.tion to Brown on fi.eld interriew card.

Btown tequested Smi& take Hayes in on his sraffaf,t. Smith left with Hayes, leaviag.Broraa and

Tr:- At his police car, Smith heatd Btowu's f,adio bsoadcast for "f,or ofiflcers" aad the sounds of a "scuffle" in the backgtouud. Smi& lnteryreted this btoadcast as a need fot immediate
assistaoce, Smith placed Hayes in the bac.k of his police caq locked the doors, artd taaback up to

fhe apartrrenl

Smith dida't

see

Brown or Tu on the laodiag. Smith iooked into &e open doot to find Moote's

"belly oo the mattress" and Brown on the left side of Moore trying to tale a hold of Moore's atrn. Tu was "lyingP'on Moole's Iegs and the buftocks atea aadwas getfing "bucked up ia the aix." Tuhad Moore's handcuffed dght atm behind Moote's back. Moote's uPpr body was on the matfress while Moore's feet were "more on the floor af,ea." Smith didn't kaow &e teasstr why Btown and Tu were trfiog to handcuff Moote Smi& iust wmt

it

to assist.

Smith tded pulling on Moore's left rttn that was trapped under Moote's body. Of&cets rolled

Moore's body to the left to take Moote's body offthe left am. Moote erteoded his left r"* uP rowards his head which aliowud Brcwn to take a holci of it Btown was havilg difficufty puttiflg the teft atm behiad Moote's bac,k fot handcuffiag. Smith asked Brcwn to back away because space was timited Smi& took a hold of Moote's Ieft fingets aad was able to put Moore'3Ieft a.rtn behind Moore's back A secoad set of cuff (Smr& could not tecailwhich of6cers' harrdfifft)
vras Iiaked to t!.e fiffit and the left

arc was eveatr:ally testainedin hand.cuffs.

('J2n

flot goirg to go," Durixg the struggle Moote was yeliingwords to &e effect of "fuckyo+" coatinued "kickiag, gcreaming, and "lots of rambling." Eveo after being haadcuffed, Moore cussiag. .. vtury aairrated vety aflgty, bucking tyir:g to pull his erms back." At no tirne did Moote say he was in need of medical atteation.
Moore was haadcuffed by Smith, Tq and Browu. Smittr alerted othet officers &at he had a ptisonet in his police ca-t and ha! to leavq When Smith Ieft the tast thing he saw was Tu had "moved off Moore, off to the tight side, and was iust holding the ilm." Browu "completely let go of Moore." Setgeant FhnHps qias ef,teritrgthe apaltnEtrt

Other ofEcers began artiving just

as

with the Wtap device. The othet officers in dre apartnaeat wete Gatdnet, Mathis aad Sergeant Cardoza. Moote was still lyi:rg on his ftont side, still partially ori toP of the mattress, and no
officers were o11top of Moote.

87

At no time did Smith use or witness other officers use haad sttikes, kicks, impact weapons, OC, or tteh serrrice pistol in aay Eranrer diuing the sttuggle with Moorc. At no time did Smittr ot othet officers place theirweight on Moore's, upper body, head otneck area. Smi& had no prior knowledge ot co4tactwith Moore.
While at the police carreadying Hayes to be drivea to the jaii, Smith herd a mdio broad.cast that Moore had stopped btearhing aad officets were startiflg CPR. Sergeant Ross was oa ti.e stret

^t6"4 scefle. Officet lfuplan tanspotted Hayes to .ity compiex awaiting ftrther instuctions.

Smith

Sgt Ross to taskanorhet ofEcer to ttansport Hayes to jail so Smith eould tetrain on

irrl

Smith stayed ia ftont of the aparfinent

Sergeaat Phillips telephoned Smith tashipg Smith to take a ptitten statement &om Hayes. Smith

left to meet with

Hayes again at the

iail. Smitl fleret retufl.ed to the aparurent.

About 2L39 hts,OfficerJohnsoo and.I intervjewed Officer N. IGstrniler. It was at thi* tir,',e ttrat Officer Kastimlet submitted his supplemental report. Off,cer l(astmilet was represeated by Haary Stern parr Fimr of Rains Lucia & Stem). Officer Kastmiler gave s voluntary Btatemetrt (waivet srgr.ed). The iaterview was audio (dl$t 1) recorded The followingis a summarF of Offi.cet
IGstmiler's. statemetrt

On the dirte/time ofircidenq Officm Kas&nilerwaswotkingpattolteam fout,.ail rbn "4A7.' I{asaileds supetvisirg officers were Sergeants Y. Htrynh aad A. Phillips. Kastdler djd not
sristain any injudes ftom the incident.

I(astmilet was wotkiug roudne pattol whea he head Btown's udio broadcast fot "en:ergency cover." Kastmiier was ia &e Soqth Catrpus atea and tesponded."Code-3." Upor arivaf Kasmiler rcde up in tLe elevatorwith Officers Mathis aad Gardnet. IGsbailer enteted the open door to apa-ffir.eht 514 to see a latge mate lying io dre corner otr a Eattress; the persoa was 'bery u6'2)' o.7 6'3," aad "ptobably about 400 pouo.ds." Btown, Tu and Smith were Iarge ia stature," "struggling to conttol him and [\doore] was kicking a1d fleiling aiouad" eveo t]ough Moote was
alreaciy haodcuffed.

Kastndter "rushed ovet" to assiit and tried to take control of Moofe's atms. Kastnail* had no inde,peadent knowledge of why Moore was handcuffed; he srmply went io to assist officets. Moore was "Eying to kicH' ofEcets off his legs. Moote appeated as though he was tryingto stand up. IGstroiler used his *shin aad knee" in the a*empt to pia d.own Mooret 1sgs,
back

Moore's stomach was still down on the hattress. Tu lvas to Moofe's right and Btowu to &e left towards the "upper portion" of Moore's body. Smi& was on the Ieft side of Moore as welL
Mathis and Gardner were'trying to coatrol Moote's legs," howereq l&suoilet wasn't paying attentioa to their effots. Kasrmilet remembeted Sergeants Phillips andCatdoza.ardviag but

8E

could aot recall the other offi.cem. Moore uzasfl't yelling ot sayiug anytbr:rg. Kasttnilet did hear officers lglllng Moore 66 "galtn dowr." and "stop tesisting."

put theit weight on Moote's oeck, chesq ot stomach area. At some poi:nt Moote stopped resistag. Moore was lyiag oc bis side. About a'ominat'Latet, Moote statted having difficulry breathing. Btovun said something to the effect of "I think he's flst hsathing." I{ashiletplaced his hand oa Moote's chest to see if it was tising aad falling. *irnmediately removed f(asunilet couldn't fiad a pulse on Moore's wrist. Officets [.Vloore's] was Moote dght because a.tftI tight leg wifh atrd kePt cofltact Moote's I&st,der haadcuffs"' ,4urtrriler did:r't
see

any ofEcer

now un-cuffed.
sttikes, kickq, impact weapof, s,

OC, or dreir setvice pistol io atr! rnaansr duting the struggle.rith Moote. IGstmilet's had ptior cogtacrs with Moore. Moote used to reside at the Uaivetsity Hotel. I{astmilet tespoaded to calls
regarding disturbaoces, figbts, ard dng use involving Moore.

After the pamraedics arrived aad took Moote, I(astmiler was &om. Bdward Sterling.

tasked.

to take

witness statenoetrt

Fehruap74.2013
About 0930 hrs, Of6cer P. Lee ard I attended the autopsy of Xavier Mooie. Alameda County Corooefs Offi.cb lVIeclicftl Examinet, Doctor Beavet conducted the autopsy. (Coronet's Qffi.ce Case No. 2013-00538) ftime Scme Techrricisn Vargas took photogtaphs befote and dudng the autopsp According to the medical staffa broken small cylindrical glass pipe fell out of Moot6'5 heit when Moote was piaced on the autopsy table. I looked at the glass pipe aod fourd the shape, size and appearrflce to be consistent udth a cack or m.eth pipe.

Dr. Beavr, verbally told me (preliminatily) tiete was oo ffautra to Moote's face, head, brain, face, aeck (atynx), chest, heatt, ot ft:ngs. Thete were mffks left on the wtists caused by the handcuffs. Accotding to Dr. Beaver, tbe intemal breakage of the blood vessels ftruising) io both wtists was consistent v-ith standad handcuffng "insigaiEcant'' and notmal There was ao intemal injury
caused to tlre antles due to the Wtap's leg restnintstrap,

The autopsy teport would be pended awaiting the toxicology tesulh.

About 1817 hts, Officer Gtant

atrd

I interviewed Officer G. Brown. Itwas

at this time that Officet

Brorqn submitted her police 1eport Officer Brown was tepteserrted by Harry Stem Paw Firtn of Rains Lucia & Stett). Officer Btoum gave a vohrntaqy ststeflleflt (waivet signed). The interiew was ' audio (digital) tecotded. The following is a sffismaqf of Off,cet Bfown's statemnt'

E9

Oa the date/time ofincidenq OfEcet G. Brown was workingpatroi teanr three, call sign "3A4.'" Btown's supewising officets were Seqgeaats B. Catdoza and S. Ross. Btows. did not sustain afiy iajudes ftom the iacideat,
Brown'tras dispatched to a"415" (distubance) between roorrrsates. Mgore rras repotted to be "6shiza,pfusaic, off medq aad had kicked the room:nate (r"portiog paffy) out The call was in Btowrt's area of responsibiiity, tLus Brown was the pdnary handlirig officer. Of6.cer Srnith was assigned fts cover officet. Officet Tu voluntadly attached himself to the call for sef,viceBtown and Tu attived at about the satie tinae. John Hayes walked up to Btowu.aad Tu while they were in ftoat of fte apa*ment At about this time Smittr asived on scene. Hayes tepeated to Browu why he called and said Moote neede{ to be '5150'd." Hayes said he was ofl the lesse but rras 'ticked out," When asked why, Hayes replied Moote had been "drif,kif,g and doing
drugs all d,ay." Moore wanted Hayes togive him more mofley for dtugs and the Hayes led Btowr,

o atgrr"d.

Tq ,nd Smith up to the apattment

oa level

closed. Aparunent 514 is'located on the notthern side

5, The apartmert door to 5i4 was of the conplex l&ich is squate in shape
his key

wi& aa opetr couttyatdin &e middle oa &egtound fl.oot. Hayes urlodred the doot with and opened it fot the ofEcets.

'because

Btown cal]ed out to Moote by saying,'T(aviet." Moore came to the doot Brownwas surptised she was expecffig a tnafl. Rathet, Moore was "&it skirned.... about 5'8', heavy-set \Fofilao? or looked to be a womarl gray extensioas'all the way down the back." Moote was
a

weating a "tube top enimel priat aod

wrap-a"rouad skirt that u,Bs also snitna[ p1i11"

Brown toid Moote that his roommate Hayes had called &e police and. asked Moote what was going on. Moote stood in ths dootlray and "statted talking about... the FBI and that he didnt feel safe." Moote said the FBI was "following [him]." Moore stafied calling Btown'ocai1,"
'.Carol," and'qWatrda." W'h.e[ Brown toid Moore she wasn't neittret of tbem, Moore said, "Iffel1,

right behhd you." Moote rheu began tqlldng about dinosauts. Brown tepeatedS uied to bdag Moote back on topic; howevet, Moore kept talking about othet mattets. Moore was very "theattical" as he spoke Moore saw Hayes ou &e laading and refeted to Hayes as

see thern

"Cruflchy." Tu was acting

as

cover offi.cer as Smith began runniag tecotds checks. Smith 'tnfotrned" Brown

waffart out of Sao Fsncisco, Brovru iqstructed Smith to confirm the waffarit aad ta.ke Hayes "dowa to the statioo," Smith, priot to attival, conducted a recotds check on Moore. Before making cotrtactwith Moore, Smith told Btown tlat "Xarrier Moore" ma.y have a $10,000 waffatrt out of San Francisco. Brown knew Moote receatly rnoved to Betkeiey ftora
that Hayes had
a $5,000

9S

San Francisco. Btown and Smi& did not discuss &e warrant any fi.rrther and proceeded to make

cofltact w'ith Moore, In Brown's mind, Moore had an active waftant

Smith left with Hayes. Brown and Tu remained with Moore. Moote condnued to be 'oi:heatrical" aod kept tallring about the FBL Moote w. as "aot malring seflse" and appeated to Btown that

Moore was "pretty high" aad "5150 all ifl ore." Btowtr 'looked at" Tu to "let him knou/' they were "going to take [Moore] fu. Brown bad Tu nroved closer to Moote. Bn:wn told Moorc that

I don]t have a warraflt.'? Brown tesponded, 'T7ell yeah, you dq and we need to go dorvn to the station and getit cleued oP..," Moote said he needed to "go inside [hi" *pt] aad call the EBI to get this cieated up."
Moore iasisted on using the phone to call the HBI in the apattnent aird aot at the poJice sbtioa. Browa rnade it cleat to Moore that he was undet affest for his rramanL When Moorc continued to iefi:se the auesl Brown and Tu each movedio aad took a hold of Moote's haods. Browa took a hold of Moore's right hand and Tu took the left, Moote "exploded." Mooie dtew his
hands back aridpulled both Tu and Btown forward. Tu and Broui"n buag on and were dragged

he had awatffitlt for his aaest Moore replied, 'tr[o,

ioto Moore's apat@ent. AIl

th-tee fell

on the "twin size" uatttess.

Moore's eatire body fell orr the mgttress. Moore.fell6a his "stornach, partially sideways," and Moore's.face was tumed to the side. Btowrr fell "over [Moote's] shoulder, and lostthe gFP oo Moore's handBrown was able to han,lcuff what she believed was Moore's right hand. Nfoore 'tuded" his other r.rn'' "uadef,him" and Brown and Tu sttugg[ed to take a hold of this arm. Both officers yelled for Moore to "stop tesistlng." Tu "straddled'Moote. Btowa "specuJate[d]" Tu vas o'using hi.s weight to uT to controf' Moote. Btown aodced a man in a chair rrext to &.em. Brown otdered this tnaa (latet identi8ed as Edrratd Sttrlfirg) to "get out'' for safety teasons. Stediag complied afld left the apartroent Btowa used her radio and tequested "Code-3 covet, additional uflits."

Al&ough Tu is "over six foo/' tall and over 200 lbs and stro+g, Browu felt the two of tlem were having a'\ery diffi.cult'' time controliing Moore, Btown put het weight ofl Moore's "shouldet
bladesz'; no.t on Moote's neck or head.

Additional officers attived and he$ed Browu a:rd Tu restrain Moore in haadcuffs (two sets). aot going to Just ptior to handcuffing, Moore said somethiag to the effect o{ "Okay, okay,I'tn rcsist af,ymore" and "telaxed." Brown could only temember the first off,cem to artive wete Mathis, Gatdsff and one other. Even after the handcuffs were oflr Moote "continued kicking and b,,lHrg." Because Moote kept kicking officers tequested the Wrap device. Sergeant PhiTIiFs
arrived with the Wrrp. The leg stap was used to retaia Moote's aoHes. Moote continued to resisr Officers rverc "iust trying to hoid M"or"] down."

9li

Brcwn did not

see any officer putting their knees or theit weighr on top of Moore's head, aeck, chesq or stornactr area. Duting the entire strugle, Moore never said he was having trouble

breathing or tlat he was injuted in any way. Eventualiy, Moore just ;'stopped" resisdng, *like he was goiag to trke a rest." Moote vras "pattially on his side" (left srde) and"hdfstay on his stomach.l' Brown kept watch arid at some

'

point didn't see Moore's "chesttnoviag." Btown told the ofher ofEcers, '1 don't thjnk he's bteathing. Officets put Moore "complete$i on his side. .Btown saw Moore's chest movi:rg. Btown checked to find Moore had a pulse. Moore "sbtugged his shouldets, shook his head a litde brt. . " and "&oved his head." Brown could not tecail if Moore's eyes werc opefl,
,

miarrt lrter, Moore's chest wasa't anoving agajn. Btown told the offi.cers, "f d,on't thinL [g'5 hsathing," ]rowfl checked for a pulse and alaounced, "I can't get a pulse." Officers staffed shouting, 'T.et's get the. cuffs offhim,'l and tereoved the handcuffs. Officers put Moote otr his bacft. The mattress rras soft so ofEcem moved Moore to the floot. Btown alrcady knew
About
^

the paumedics wef,e o mute with a gutf,ey. Browa yelled out for the paemedics to tespoad

"Cod+tLteq cod+tltee, hds ootbteathiag." Tu began chest cornpressioas. Btourn yelled fot somebody to "get a rpesH' (CPRmask) as she kept Mootet air'way opeu. At this poing Brown remembered
hospital
Setgeant Catdoza began mahing officer tesk assignments (e.g. neighbothood canvasses,.witness ::nterviews, scene d.ocumec.tatiorl etc.). Tu volunteered to follov the ambuiance but Setgeant
Seryeaats Phillips aad Cardoza" OfEcers Seith, Mathis ard

Gardoer in the apartnaent. The patamedics atrived and took over CPR Moore was taken to the

Phillips was concrtrd about Tu because he was "litapiag," "out of bteath" a:rd, 'osweadf,g" ftom rhe struggle aad doiag chest compressions. Tq however, followed the arobulance to the

hospital
Catdozaiastructed Btown to refum to
'r.he

staiion and begin

herteport.

Catdozaw'as scefle

zuperrisor on'the incideat At a'o time did Brown use or uritness othet officers use hafld s&ikes, kicks, impact weapons, OC, or dreir service pistol ia mI *apaet d*iog the strtggle with Moore,

Ever if Moore did not have a watrfiIt Browo iras inteot putting Moore on a'VfI 5150 hold.
Btown dida't have ptiot coutacts wi& Moore, howevet, Bto'twn "k!.ew of' Moote. About month ptior Moote's motler requested a welfare check of Moote. Moote's mother was
concetaed because Moore was "depressed." Moorc rvas going tbto"sh
a a

"sex chnnge" aad he

was a "hearry drqg user." Moote's mother spoke of Moote having a lot of rua-ins with SFPD

pdor to moving to Betkeley- Browu was unable to make contact with Moste on fhis event.

g1

About ZA20 hts, Officer Gtant and I intewiewed SergeantA. Pbiltips. It was at dris time rhat Setgeant Phillips submited her supplemenral reporr. Sergeantphillips was represented by Hury
Stem paw Fitm of Rains Luoa & Stem). Setgeant Phillips gmre avoluntary statenaeflt (waiver sigaed). The intemiewwas audie (agt t) tecorded. The followingis a sumrnaty of Sergeant

Phillips' statefilent

On the date/tineof incident, Setgeant A. Phillips was workiag as a supervisor for patrol ieara fout; caII sign "S17." Phillips'command.itg ofEcerwas Lt. R. Files St/atch Commaader),
Phillips heatd OfEcer Browa btoadcast on ttre radio somefling to the effect of "send us fnore coter" and sueemingia the bac,kgpound Philfips believed Brown was ia need of immediate assistance. PhilliFs didn't know the details but kaeur Browu and the other off,cers wele ofl a "5150" cal1. PhirliFs rcspooded "Code-3" ftona the poJice station. Phillips aad Sergeaut Cxdoza
arrived at the same time aad rcde up in the elevatot together.

The doot to apafheflt 514 was opefl. PbIIips entered to

see

Offi.cers Brown, Tu, Gardner. and

Xdafhis "attemp+ing to rcsfrain an iadividual fMoote] on a mateess on the floot This if,dividual *tell "was lying oo theit stomach in handcuffs - two sets of handcuffs," Phillips couldn't

if

Moot

Moote had 'tong braids." Moore was "A&icau Araedcaa" and *sofie\rhere appeared ro w"igh betwem 350-380 pouads." Moore was "flude." At some point
J was a male or female.

PhilliFs asked Brownif Moote vras male or fe&ale. Btown toldPhillips that Moore was male,

but '!tg-op trassgendff or taflssexual.. ,"

Officem wete holdiug Moote's atms and legs. Moote was kickirg. llatlis was trrire to prtreflt Moote froo kickiag. Phitlips beli,eved offi,cets were having "a lot of diffrnr$' controllirg Moore- Fhillips didn't recall hsnring Moore yell or scream, PhilliFs recrlled officets wete sayiag things to the effect of "stop resistiag" aad "stop moviag" while "struggling" with Moote.
Fhillips tecalled headng softebody

device Setgeaut

Catdoza

".. . get a spit mask," and ofEcen aslring fot the Wtap had akeady btought &e Wtap device with him.
say,

Btowu was positioned "closest to [Moote's] head" but none of the officets \qere bolding down fuIoote's hea{ neck, chesl or stomach xea. Tuwas holdiag down Moore's "uppef body arca." Moore's "face w4s tumed to &e side" aod ofEcers were 'Just trying to hold him." Mathis and
Gardner were positioaed at Moore's legs because Moore was still kicking evea though hewas

handcuffed. Mathis yelled fot the aaHe sttap of theVtap device. Phillips handed Mathis the ankle strap. After tle an-kle suap ruas pla'ced, Moore started to "calm down.'o At tro time did Phillips hear Moote complaia of not being to bteath or that "anybody was oil his back." Phillips radioed for
a gumey.

Its pplpose u/as to

assist

in keepiag Moote restained and

rpmoving him from the toom due his Iarge size. Secondly, Philiips vranted the paramedics on

9$

hand "in case [MooreJ needed afly sort of rnedical help" because of Moore's "size andcondltion and that f&{ootet} been fighti',g with ofEcers and tfrete would be a poteatial .,. health coflcem,"

Tu appeared "exhausted-" Phillips sent Tu out of the apartnoent to take a rest. Offlcets stlll had &hands ttrefu ou [Moore] just in case," because th"-te wasa't any mote ftsisti"S. At sotne poinq Gatdoet and Mathis left the apartmerit and Tu retr:med. Moore was iying "cotapletely on his left sidd'while officets awaited BED with the gurney. Btorrn asked if Moore was snll brcathing. Phillips saw lVloote's "chest Eove," head more, and Moote "opened his eyes.;' Phillips answeted that Moote qms brea+hing. About a misute latet, Moote "stopped bteathing." Phillips radioed "we'te going to need medical . .. subject is not breathing. $7e're starthg CPR.some point in timq

At

Officets rolled Moote onto his back and re,moved tle handcuffs. Tu began chest comitessions
as Kastmilet stood dose by

fot suppott Some time

passed asd the paraaoedics.attived" The

paramedics asked if Moore had iagested drugs. Phillips spoke with Ed:rard Sffillf,g outside the aparheat SterJingideatifi.ed himself as Moore's *ca.thker." Sterling toldPhillips that Moote
used uethaurphetstnine, heroin, "smokes wee4" relayed

*is

informatioa to the paramedics. Offlcers deated sofiIe sFace in the apattment fotthe

"ad

drinks alcohol oa a 'tegulat basis.]' philriFs

paramedics to wo*s.

lhe futon-matttess

\Eas moved

into the batbrcor:.

tfo

this point PhiJlips did aot know why Moote was handqrffed ot what his 6us16dial sEtus was.
as

the param:dics were worting oo Moote. Biown told Phiilips Moore had a $10,000 waffafll The one instaat PhiJlips phyrically touched Moore was to letuove tbe leg straps as lVloore was being tended ro by the patamedics. At so time did Philiips use or witness

phillips asked Brovn

othet officers use hand strikes, kicks, impact weapoas, OC, ot theit setvice pistol in ary mrriret dutiug the strugglewith Moote.
Setgeant Catdozawasscene supervisot and Offi"cet Btown was case officef. Philiips assisted Catdozria cootdinating ofEcer tasks aod assignments. Tu called Phillips aad infotmed her tlat

Moore was dedared dead at 0134 hrs. Fhillips had a prior contact with Moore, 'T-ess than a yeriaga" philliFs was ooe of tfuee ofEcets that respoaded to an address in 'Beat-13." Moore's fattrer requested thepolice "51.5ff'Xaviet. Xavier was "dfl-ulk" ard "usiog drugs" aad did to oil a daiiy basis. Phillips was able to convhce Xavie.r to voluourily go to the hospital. Officets located.*}-ry bottles of alcohol aad crack
pipes in Xaviet's possessions.

-Febtzzaru 19.2013

g4

About 2040 fus, Offi.cers Gmnt, P, Lee andl re-canvassed the Gaia Building for witoesses, @etailed list of tesidents contacted were documented oa othet supplemental teports)
Most did aot see or heat the police actioa on02-12-73 arcund.Z34|hrs. The resideots fhat rritsessed the police ection oa 02-12-13 ody head souads of yelliog and scrcaming. One tesident
was able
oodofl't

offme," ']rou'te hurdngme," and touch me." Another tesideat heatd Moore yell, 'Ttro get cff ane." Nobody teported eyehear Moorc yellingysld5 to the effect of, "Get
-.he

witnessing

physical struggle between ofEcets and Moote.

Most of the residenns did not have prior iatetactions the foltciwing ia sumreaty.

witr Moore. Those

tesideats

tlat did reported

Moore was often uoder the influence of drugs. Residents descdbed Moote as often "trrenlriilg," "impairedr- "\reird" "spaced out" "twitcbiag," "sketchy," 'high all tle dme," and talhng to hetself Ntany residents (particularJy on the 56 floor) said &Ioote would toutinely knock on their doors asking to borrour a cell phoae or cigarettes. Some tesidents said Moom tded oa toote &an one
occasion to seli them "speed' or ofher dtuge, Moote ofteo liaEered on the landing smokJog ot

loitrs in the Iower lobby.

Maay plople visited Moote's aparffietrt

Abour0945hrs,IarfemptedcoatactwithJohnllayes at?lliAllston$Fay#5l4hotdettoget infotrration oa '1{rge1." According to Eduratd Stedif,g, "Angef' (kro*o to Ster}ing as Moote's "gid-&iend') tlras presetrt ia the apatment but left sometime prior to police involvement. Thetewas oo answet. Ileft my business catd requesting a call back'

I cootacted the Pauorami:

Maoagemea

tat

1916

Orfotd Way, Berkeiey.

Hayes is not oa the lease as

Hayes alleged. The aparhnent is cr:rreotly occupied by "squatters." The property haoegetnelt

intends to putsue eviction on the occuPants begiftliflg on02-28-73

.Februanil7.2013 About 1415 brrs, I spoke to "Chris" atPaaoramic Management- 'rCh-tis" colfitmed &e Gaia Buildiflg only had sutveillance ca&eras in the ground flrot lobby, elevatot, and the parlring garagp. lhe residential floorc and Iandiags do uot have surveillaoce covefage.

Match4,2013
About 0950 hrs, the HonorableJudge Baranco of the Supedor Court otdered the seadr of Alta Bates Hospital, Custodian of Recotds fot any and all nnedical tecotds fot Xaviel Moore.

95

About 1030 hrs, I obtained Xaviet Moore's em.ergedrcy rooaa records for 02-13-13 and any past medical iecords il the custody of Alta Bates Hoqpirai.
surnmary, siaceAptit-2012, Moorc had been admitted ro Aka Bates Hospial about (5) five times, Most of the rrisits to AI&. Bates Hospital were heczuse he was placed on a 5150 hoid for violent

Ia

behavior, iaduding suicidal coflcems and/ot for psychiatic evaluations for auditory and visuai hallucioatioas. The hospibl repofis indicted Moote had a histoqy of schizophrrenia aad dlrug ("ta.k) and alcohoi abuse.

p'he Alta Bates

needical teports ate included

ifl this report.)

About 1700 hrs, I obtained ftom tfre Communications Centet the CAD details fot th. e Fire Department's respoilse to this fucideut (13-01652). According to dre CAD d6sstemFs, an 02-13-73 at about 0035 hts, a request fot'BED FOR GRNf'ums made. At about 0036 hm, F.ngins-$ aill Medic-l wete "diqpatched.'i At about 0043 h-rs, Medic-I was "ofl sceile'" At 0104 hrs, Medic-t was "ftansporing" to Alh Bates Hospital. At about 01t0 hts, Medic-t was "at hospital."
Throqgh moss-chedrs r:singAccuint and DMV, I was able to locate a Mathata D'Amttosio The last k address is 1717 university Ave, Ber:kelry.

'r^t

"*"

Meich

5r 201;t

About 1400 hrs,I attaupted to cortact Mathata D'A-mbrosio att777 Universiry Avenue. Noborly aoswercd the door. A ueighboriog business recogoized D'Ambrcsio's photograph. The employee said D'A:nbtosio nowd out sevetalmonths ago.

About 1500 hrs, I spoke withJohn Hayes on the telephone. Hayes has only met "Algef' a nArgel" is 38 ot 39 yeus dmes" in the pasr Hayes said "A-Egef is a traossxual (male to female). old. Flayes had no futths iaformation on "Angel."

*couple

emailed Edward grctling requestiag a call

back There

suas

ro

telephoae aumber lised in the

repofts.

:+Iafth 7.2013
About 1930 hts, I met with Officet G. Brown in the homicide office. Btown was vsaring a long sleeved wool Berkeley police.uniform along with her duty belt . Brown's unifotm had the standatd Berkeley patches on each shoulder, three serv-ice sttipes, a nahe bar, and the Betkeley stat badge.
Brown said this uni-fotm assefiobly accurately depicted what she wore ar.d how she appeared on oight of fte incident
the

96

About 2020 brs, I met with Officer K. Tu at the station. Tu was weating a long sleeved blended Berkeley poJice unifoun along urith his duty belt, Tu's uniform had the stafldatd Berkeley patches on each shouldet, narne "r.,btoidery, and the Ber&eley badge patch. Tu said &is uniform assembly accutateh depicted what he wore and how he appeated on rhe night of the incidenr.

Match 12.2013
Fire Departmeflt CAD history showed oa 01-11-13 about 081'9 hrs, ttre Berkeley Fite Departaent (BFD) tesponded to a medical callatllllAllston Way #514,8e*eley (Iacident No. 2013-0331).

The call originated ftom 510-841-1195. According to the Accudnt database, this is a Pacific Bell
landline aumber to the apartment; subscdbed by'John Hayes." I listened to the 911 .oll associated

wirl

this event.

'

Thete was a 911 hang-up ftom Moore's apartment. About 0819 fus, the 911 dispatcher called the number back. A ferade yoice answered the phone. When th, e dispatchet asked why a 911
call was placed the female answeted, "Right,

it didn't ting yeL" Wher

tr

asked what was happening,

the female responded,

"I'll

get back with you guys when

call you guys." When asked again what

was happedngthe female aaswercd, "Thete's sothing going on as of no'w, I'11call the nonemergency poiice." V/hen asked again why 911 was called the female answeied, 'Because

I'rr

h""iog trouble breatlung." The femaie insisted she'd call back if

continued to make iaqufuies the female respoaded

necessar-y. When the dispatcher

"I

qrant to wait till I go to my part of the

universe befote I start calling for an ambulance..." Wherl the dispatchet asked to speak with somebody else, tLere was backgtound noise and eventually the line disconnected.

97

About 0821 hrs the sarne fenrale called back and said, 'n{eah, hi, I'm galli'irg because I need to get aa ambulatrce, so tlrat f can, um, go to the hospiral." Wh.en asked what was w"tolrg the female responded, "'It's aothing meutal, ifs physical... I'm haviug touble breathing." The female said she was 41 years old and het flarne was 'Xavier Moore." The dispatcher told Moore an
ambulance was going to be sent.

About 0905 hts, I obtained a search waxraui Gig".d by the HoaorableJudge T. Rog-ers, Supetior Coutt) for the Berkeiey Fire Depattment Patient Care Reports for emetgency serrices provided to Xaviet Moote on 01-11-13 (13-0331) and the instant incideat, VZ-13-13 (13-1652).
The Fatieat Care Report fot 0i-1i-13 listed the flatufe of call to be '$teathing problem.s." The patient complaints listed were "weakness," "fl-ausea," aad "breathing ptoblems." The reporl

nmltve

indicated Moote was possibly suffering ftom. "flu-like symptoms" and "ptoductive cough."

Moore was takeu to A-lta Bates Hospital for furrher examination andf ortreatrneat. The Patieat Cate Repot for02-13-731isted the nature of call.to be "'EMS Response." The patieot comPlaiflts listed were "uflcoascious/faiating," "death," and "cardiovascular." The report natfative iodicated Moore sauggled with police aad then becatire uaconscious. The narrative indicated the medical interrentions used by the paramedics.

(fhe Patient Care Reports are included iu this report.) About 1400 hrs, Iteceived a flash dtite ftom Panoraaric Maragement that contained thc video footage of the C,aiaBuildiflg's lobby, elevator, and street on the night of 02-12-13 about 2356 hrc to 02-13-13 about 0130 hts.
The following events are based on the Gaia Buildiog's video system and titne stamp:
thrc

video systen's date and

Video file titled "Policel(l)(l).avil'is

foohp

of the sidewalk in front of the Gaia buildiog.

A2/n/13 2356:35 23:57:75

OfEcers Tu and Btown ardves Officet Smi& atives

Video file titled '?olice(2)1.avi" is continued fooage of the sidewa& in ftort of the Gaia. 02/13/13 00:00:05 John Hayes contacts ofEcem outside the building 00:26:34 Officet Smith exits building wirh Hayes

00:28:38 A0:29:36 00:30:23 00:30:30 00:30:45

Offi,cer Smith reenters building

Officer Mathis arrives

Officers Gardner and Kasuniler a:dves
Setgeant Phillips

arives

Setgeant Cardozaardves

. ::
98

00:34.45

Officer Mathis exits building in search of

Sergeant Catdoza ents building

a spit mask

4035:36
00:40:00
A0:40:52

Fite paearedics arives Pamnedics enter building

Video fiie titled'?ohceQ)Q).avi" is continued footage of the sidewalkin ftont of the Gaia, 02/ L3/13 01:01:45 Parafrredics exitthe buildingwie l,4oore Video file titled'?olice(3)I.avi" is footage of the iobby area in the Gaia Building (fhe only footage teviewed was the dateltime urhea OfEcers Brornn, Ti& aod Smith entered the building withJohn Hayes, This footage dearly captures fhe officers'u:riform aad appearance,) A2/ fi / 13 00:03:06 Hayes leads Officets Brown, Tu, dnd Smith into r}e Gaia lobby
Video fiIe titled "PoliceEleyator(1).avi" is footage of inside tLe elevatot of the Gaia Building. puring the Srst 24 micutes of this fi1e footage the cor''era was inoperable.) 02113/13 00:25:40 Sfrith enters elevatot with Hayes en toute to ja-d 00:29:43 Smith exits elevator ou 5n fl.oor en toute to assist Tu aad Btown

0&30:52 00:41:55 01:00:10

tu{atah25t

OfEce Mathis, Gatdaer, and Kasuiler exit elevatot on 5e floot

OfEcets Mathis/Cardozr-alrd paramedics exit elevatot on
Paramedics entet elevator
5m

floot

or

Sfi ff.oor with Moote on gutrey

207l

About 1630 hff, I emailed Edward Stecling requesting coEtact. To date, I have been unable to identifr "Angel" To date, Edward Sterling has aot rcspoaded to my requests fot contact.
,4.wi123" 2013

About 0940 hts, I teceived the completed Coronet's tePort via facsimile In suruaary, the investigator deterrrined the manner of death to be accideatal. Dr. Beaver pathologhist) detamined the cause of death as acute combined dmg rntoxicatiot. Ia his reporg Dt. Thomas Beaver, M.D., Pathologisq Alameda County Coronet's Office listed tle o'acute combined dmg intoxicatiou." Moorc had following findings. Xavier Moote suffered ftom an ealarged heatt (Cardiomegaly). '?ostmorterr toxicological analysis of ieg vein blood
dernonstrated rne&amphetamine and codeine at toxic levels."

9g

Dt. Beaver opined that Xavier Moore's ".. .death resulted from acute combined drug intoxicarion with a contribution ftom morbid obesity and intiosic cardiovascula-r disease."

At tle tirae of

Dr. Eeavet vetbally stated there was rio ftauma to the trody extedot or intbriot organs/paris (e,g. brain, ltyrx; lung). The only visible iniuries lvere cotrtusiots to the wd.sts which were "insigniEcaat''afld flormal due to handcu.fEng. Df. Beaver's fi:ial report ff-xterual
autoPsy,

Examination) suppoffs &e sarne conclusion.

Conclusioa(s):

- Aa anestis ralring a person ioto a case in and manner authorized custody, in the by law Aa atrest may be rrade by a peace ofEcer ot
Penal Code 834. Artest defned; persons authotized to arrest by a private Person. Penal Code 834a. Resisaace to artest

- If a person has knowiedge, or by fle exetcise of rcasonable

care, should have knowiedge, that he is being atrested by a peace officer, it is the duty of such

persoir to reftain ftom usiug force ot aoy v/eapon to resist such attesl

Pend Code 835. Method of making a:tes4 amou!.t of tesFrairt - An a*est is soade by an acaral restaint of the petsof," or by submi.ssion to the custody of an officet. The person atested may be zubjected to such testtaint as is teasonable fog his a-ttest and detenfion.
Penal Code 835a. Use of force to effect affest, Pteyeot escnpe, or ovetcotrxe tesiskace - Any peace officer who has teasonable cause to believe that the percon to be alrested has coromitted a public offense may use reasonable force to effect the afiest, to preveflt escape ot to overcome tesistaoce.

A peace ofEcer who rnakes or attempts to make atr affest need not retreat of desist ftom his effotts by reason of the lgsistan6:g ot threatened tesistance of the petsoa foeing atested not shall such officer be de*"ed atr aggressor or lose his tight to self-defease by rlre use of teasotable force to effect the affest or to Prcvent escaPe or to ovetcohe resistaoce.
Iflelfate and Institutions Code 5150. Dangetous ot gtavely disabled Pefsonl; ral<iqg into custody; applicatioo; basis of ptobable cause; liability - $0hen afly persoo, as a tesuit of mental disotder, is a danget to others, or to himself or herse[ or graveiy disabled, a peace ofEcer, membet of the
afterlding staff, as defined by regulation, of afl evaluation &cility designated by ttre county,
desigaated naerrbets of a mobile ctisis team provrded by Sectioa 5651.7, ot other ptofessional

persofl desigaated by the couflty and approved by the State Depaturent of * * * Social Sen ices

as a

facility for 72-hout treatmeflt and evaluation.

Penai Code

69. Obstructing or resisting execulive officets in petfonnance of their duties; attefiipts;

th*eats; violence; punishmeat

detet or pteveat an execrdve of8cer frorn perforring any duty it"posed upon such officer by 1r*,

- Every pef,sotr who atternpts,

by meaas of. ztty tfueat ot violence, to

100

or who knowingly

resism, by the use

of force or violence, such officer, ia the performance of his

duty, is puaishable by...

Based on ffre facis in this investigation,

I believe

the involved officets were clearly identifiable as

police oflicers with the city of Betkeley; the iovolved officers had the authotity ard probable cause to take Xavier Moore into custody fo: fre outstanrliog.u/arraflt asd for a WT 5150 evaiuation; aad, the physical force used to overcome Mobte's resistance and to effect the attest of lloore was
reasonable. Based oa the facts in ftis rnvestigatioq I believe Xaviet Moore was in violation of Califomia Penal

Code69.

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