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In-Custody Death Investigation - Xavier Moore (Part 2 of 11). Police investigator's report.

In-Custody Death Investigation - Xavier Moore (Part 2 of 11). Police investigator's report.

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Published by Berkeley Copwatch
This is the second installment of the Berkeley Police Department's report of the death of Kayla (Xavier) Moore; a schizophrenic, African-American transwoman who died in police custody on February 12-13, 2013.

Despite numerous requests for information, the BPD refused to even release Kayla's name. This report was not released until a demonstration, and a significant showing of citizens at the Berkeley City Council demanded information. Notably, one of Kayla Moore's family members was removed by the BPD after the Mayor refused to let him speak.
This is the second installment of the Berkeley Police Department's report of the death of Kayla (Xavier) Moore; a schizophrenic, African-American transwoman who died in police custody on February 12-13, 2013.

Despite numerous requests for information, the BPD refused to even release Kayla's name. This report was not released until a demonstration, and a significant showing of citizens at the Berkeley City Council demanded information. Notably, one of Kayla Moore's family members was removed by the BPD after the Mayor refused to let him speak.

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Published by: Berkeley Copwatch on May 11, 2013
Copyright:Attribution Non-commercial

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07/22/2013

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Setgea:rt
P.
Hoag/Hotnicide
v
Case
Repott
No.
13-08510
-
Incideat
Date
/Time:
02-12-1-3,2349
hffi
IncidentLoc
eion:
2l76Allstoo
S[ay
#514,
Berkeley
Cotoaer's
R.eport.irlc. 2013-00538
Fefuuanl1"
20tS
About
0600
hts,
I
teceived
a
telephonecall
ftom
Lr
Rolleti
idsrrning
me
rlat
there
wasan
in-custody
death
iuvolving
offices
of
the
Fatol
Opetations
Divrsion
I
attived
at
fte
statiou
at
about
0700
hrs.
OfEcerJohnson
a:rdGranthad
already
atrived.
,
About
0730
hrs, OIEcet Grant
obtained
the
ComputetAided
Dispatch(CAD) purge
for
this
incideat
Officen
GranqJohnsoq
ond
I
(hereaftet
tefered
to
as
o'we')bqgan
a
rev-iew
of
ttre CA-D
details
of
the
incideot
The
CAD
details showed
the
folowinsinfo:mation:
A
91l-Emetgency
@llTfu
a
Mefto
PCScellular
phone
(415-365-1,248)
ftom
2150
ShathrckAve,
Berleley.
The incident*calltype"
wascategotized
as
a"475?'aad
desigpated
a
piodry
two
respoflse.Thelocatioaof
iacidentwas'2116
AIISTON
WAY,
QualiEet
514,
Vetrue
Ber-keley''.
'RESF:EJAVIERMOORE,
BIVI,
43,I^SW
i
SARONGTPEWRAP
iNSIDETHE
BLDG.-
The
tepoging
party
was
'TIAYES,JOHN."
Furfuet
details
induded'tiO
KNIOWNWEAPONSAPTDOES
HAVE
KTCHEN KNI\rES
/
SCHIZOPHRENIC
OFF
A,[F,,D$
ANDDRINKING
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
Dispatchto
noufy
theoa-call
Disttict
Attomey'sOffice
rnvestigative
call-out term.
About
0750
hts,
I
tequested
-
via
the
patol
setgeants
office
(Sgt
Phillipd
-
ar
ofEcer be
seat
to
sesrte
the
incidentiocation topreveflt
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
DistrictAttomey'sOffice
would
not
be
sendi+g arr
iavestigativeteam.,:.':'
':"'l
72
 
About
0835
hrs,
theAlamedaCormty
Coroner's
Office
advised
the
autopsy
of
XavierMoore
wouldtate
place on02-14-13
aiabour0930
hrs.
.
At
about 0840 fus,
Serge*rit
Phillips,the
secondaly
supetvisingofEcer.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
Brorpntnade
a
radiobroadcast requestitrg
eJrrergeocy
assista[ce.
Xavier Moott
tefused
to
be
attestedfot
a
$10,000
we.raat.
Officers
were engagedin
a
Physical
sttuggle with
Moorc.
Moore
waseventually
haadcirffed
and
his
aaklesbound
wi&
the
Wrap
device
leg
stup.At
some
point
in
rirue,N{oorehad labored
b:eathing
and
subsequently
stopped
bteathing.
OfEceru conducted
CPR
as
the
paramedics
lrere
surmoned.
Moote
was
ttaaspoted
to
the hospital(Aita
Bates)
where
hewas
pronor:oced
deadat
0134
hm.
We listeaed
to
the
911 callmade
bythe
tepo*ing
party
floh-n
Hayes)
as
well
as
rhe
BetkeleyPolice
rnaia
patrol channel.Ia
summaty,Hayesstatedhis
"roomaate"
was
"acring
a
foof'and
needed
tobe
taken
tothe'!sych'watd"'-''Xavier
Moore'who,is
"Schizoaff.e4ive'.'ha$'taken
his
medication
fot
ao'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.
Thefollowing
radio
btoadcmts
wef,e
made
dudng
the
incident
(timedesrgnation
based
oa
the
Erhaaced
Coutiet
system)
:
02/12/15
23:54
Radio
dispatchon poiice
chamet
23:57
3A4(Ofc
Brown)
attived.
ofl
sceae23:58
4A3/4AS
(Ofcs
Tu
and
Smith)
adved
on
scene
02/13/13
00:29
"Additisaal
covef
request
via radio
btoadcastmadeby
Ofc
Btown
00:32
Request
fol
a'Vrap"
via
radio
btoadcast made
by
Ofc Ketmiler
00:33
Wrapoa
scene
broadcest
by
Sgt
Catdoza
.
.
./
00:33
Reqr:est
fot
spit maskmade
by
Sgt
Phillips
v
00:34
'.Code-3gumey... wrap
not sufEcient''mdio
btoadcast by
SgtPhiltips
00:35
'Code
4,
Code-3€'
btoadcast
bV
Sgt
Phillips
00:39
'Medical
Code-3...bouble
bteathing"
radiobroadcast
by
Sgt
Phillips
00:41
'lSubiectnot breathiagstatting
CPH'radio
brcadcastby
Sgt
Phillips0&54 Request forCdme
Sceoe
Techradio
btoadcast
by
Sgt
Cardoza00:58
tlayes
i5
*arsp6ft6d
to
jail
for
wartantby
Ofc
lGplan
01:07
Ofc Tu
enroute
to
Aka
Bates
with
ambulaace(h4oote
\ras
ptoflolutced
deadat
01:34
hrs
by
Ala
Bates
Hospitai)
73
 
,\
,Nr"t'
About
1106
hts,
OfficerJohnsoa
aad
I
intemiewedJohn
Hayes.
(Intewiew Room-C
/
vid,eo
aud.
audio
recorded).
The
followingissuemary
of
the
ioterriew.
John
Hayes
hasbeen
living
with
Xavier
Moorefor
a
"couple
hooths"
atzlT|AJlstoa
Way #514,Berkeley.
Flayesand
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.
togive
Moote
morlry,
Moote
yelled
fot
Flayes
to
get
out
and
to
aove
ouL
Moorc
demanded
f,ore"speed'frota
*Aagel."
wh€fl"AflgeP
saidshe
didn't
hav'e
aoy
utorq
Moor
ordercd "AngePto
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
"car€givel"
Moore
was
yellingand
denoaud
mote,"speed"
and
alcohol.
Moore
was
pacingbacft
and
fo*h
intoti.e
bedtoon
and
Iiving
tooa.
Mootewffi
rqllting
fut,
chaia-smoking,
and
Hayes
desctibed
Moore'sbehavior
as
"r.ulusual."
Moore'wes
otr
*3-4
dsf
binge
on"spe€d'andalcohol
Hayes said
Moore
was
'hiolent" aad.'hgressive.'
Moofe's
ptiot
drug
biages
have
"nerrer"
beeu
violear
Hayes
desctibed
this
episode
as
"differeot''and
'Veryunmrral,"
Furtb.eroote,
Hayessaid
Moote
had meotalhealth
issues;
"psycho-afiectire"
a.ad
Bot taking hismedication
for
a
longtime.
't
,.^1s'
Hayes
left
the
apartment
ad
called
911.
Hayes
told the911-Operator
tlat
Moote
aeededto
be
d\-
'5150'd."
H:.yer
ied the
tespoading
of&cerc
to
tle
aparhneut
and
unloclied
&e
doot
for
theoa.
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
didaot
witaess
whatoccuted
insidethe aparbneaL
r)
Abou/0930
/ts"
OfficuGuat
coatacted
theSFPD
wa.ffafltbureau and
confirmed)&vie.tMoore
did
ioM...
an
active$10,000
misdeaeanor
wat?st
for
his
arestfor
PC
242(Case
No.
1005477l21Wasant
No.
720035). The
CLETS/A!f'S
system,
howevet,
hadthe
wong
bir&
year
inputted
P+17-52),
OfficerGraat
rhos[tnined
the cdme
rE)ort
associatedwith
thewarant.
About
1035
hrs,
9flcer
Gr:aot
IooF
a
call
&om
Elysse
Moore
Gtep-motleetoXayieriVioote).
,
.,
,:;
Moote
wes
awal€ of
het.son'sdeathand
&e
geoeral
citcrrmsances
sumunding
hig
feath.
Mooreconfitrned
Xaviet
q,'25
2
diqgnosed
paunoid
schizophtenic.Moote
confirraed
)hvier
aod
thg.fapiiXhave
hadtrutnerous
pdor
contacts
rnithBerteley
meotal
health
aud
rle
Berkeley
police.
Xavier
sufFeted
&om
delusioasand heard
"voices
ia
his
head,"
Xavier
has
not
been taking
his
medicatioa
Xaviet
abused
d*gs;
specificallycrackcocatae
afldmethamphetamlne.Xavier
chiillrs
grn
and
vodka,
'{\5
lt1
5\50
n
t}t$f**t
(s
,f-
74

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