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CASE NO.

tJ-Pdl"ao
PRI}TD

DAIE
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) -B;/.t

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STATEMENT TO INVOLVED OFFICEK

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Officet
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G ftPA* 6 tU

,you

by ate bei"S represented hete at this interview

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your a*orn

W, llwpy Sfgal

. You

ate

notin

custody andyou are ftee to

to answer any questions' condude the intefiriew at afiY dme' You ate not obligated
HaYing rhis in mind' do you Any answef,s you do gtve may be used in a cor:rt of iarv'

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15 76 77 18 79

wish to vohrntatily ptoceed wit} the interqiew?

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ltfra'pt StrffiJ
ATIORNEY NAI\,{E

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INTERVIEW WITH OFC. (TIMOTHY) CARDNER


lnterviewer: Sgt. Hong, Det' Johrrson & Harry Stem 02-13-t3/6:14 pm Case # 2013-08510
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INTERVIEW WITH OFC. (TIMOTHT) GARDNER Q=Sgt.IIong Ql=Det. Johuson a2=ffIarry) S(em A=Ofc. (TimothY) Gardner

14 15 l6 l7 18 it 20 I -22 23

e: Ql: .e2: A:

Okay. It's February 13, uh; Wednesday 18i4 hours.lH: It interview with Officer (Tim) Gardner. My name is Sergeant Hottg, H-O-N-G' Detective Johnson, J-O-H-N-S-O-N, badge 26'

I'm (Ilarry) Stem, S-T-E-R-N. I'm here representing Officer Gardner.


(Timothy) Gardner, last name G-A-R-D-N-E-R'

Q: 24 25 A: 26 27 e: 28 29 30 A:
3I

All right. uh, officer Gardner, you signed your waiver?


Yes.

All right. Okay. A- Officer Gardner, could you state your rank
nunber?
Uh, patrol officer, badge nrunber

and badge

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32 33 34 35 36 37 38 39 40 41

e: A: e: A:

What was your hire date with Berkeley Police Deparhnent?

Hmm. uh, my date of seniority is, uh,let's see, January 1,02.


Got it. Do you have any prior law emforcement experience outside of Berkeley Police DePmtment?

No'
Which patol operations team were you working yesterday's shift?
Tqam

-4

e: 42 43 A:

three.

'

2oz

INTERVIEW WITH OFC. (TIMOTHY) GARDNER


Interviewer: Sgt. Hong, Det.

Johnsot&#fa?tffi

'

Case# 2013-085i0

45 e; 46 47 48 A: 49 50 e: 51
s2

yesterday we're all - whenl say yesterday we're always talking about February 12, the day of the incident'

Righl
normal hours Okay. Team three. Okay. What are the nonnal days worked and worked for team three?

54 55 56 Q: 57 58 A: 60 Q: 61 62 A: & Q; .5 .**16 A:
67
63

53A:Mondaythro,,ghThursday,3:30intheaftemoontill,irh,0130in_inthe
moming'

* what was your call sign during the yesterday's shift?


3A16,A,nd

5g

what alea or beat are assigped to yesterday's shift?


area mostly and the marina'

tlh, walk front

OkaY.Inbeat 16?
Yes' ^-e^-r--,:^ -Li*D Uh, who were your supervisors foryesterday's shift?

6s Q: 69 10 A: 7L 72 Q: 73 74 75 A: 76, 77 e: 78 79 . A: 80 g1 e: 82 83 84 A:
85

t]h, Sergeant (Shawn) Ross and (Be$ Catdoza'


is c-A-R'D-oAgain Ross is - Sergeant Ros5-is R-(l-s's' Cardoza sergeant Z-a. anO are they your nomral supervisors?
Yes.

Wlien was the last shift you worked prior to yesterday's shift?
The Preceding daY'

shift was a Tuesday' Okay. Today is currerrtly Wrcdnesday. Yesterday's Preciding day you were referring to Monday MondaY' Uh, do you hold any secondary jobs?

8e Q: 87 '8 A:

de

No'

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GARDNER INTERVIEW WITH OFC, (TIMOTHY) Intewiewli: sgi' Hons' De!' Johnson&-Tffi,t#H
Case # 2013485"10

90
91

Q:

All right. Did you work any *t'tip: priorio the shift ofyesterday's incident?
No.

t"t

shift you worketl v- um' the last

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A:
Q:

94
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prescription or otherwise? Have you taken any medication, No. in the past 24 hours? Have you consumed any alcohol

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A:
Q:

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101

A:
Q;
Q2:

I got bome last night' Mrn, yes. I had a couple beers when
Okay.
That was Post this incident? Yes.

102
103

104
105 106 107 108 109

A:

Ql;
Q2:
Q:

It was after (unintelligible)'


OkaY.

-r tt

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Uh, do you have any medical conditions?

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A;

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ffi
A:
Q:

and between what hours let's say the rast time you slept, how long,

prior to YesterdaY's shift? Prior to YesterdaY's shift?


Yeah.

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r22 r23
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A:
Q:

So...

tzs
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(unintelligible)' How mpch rest did you get


...the night before?
Correct. LIh,

A:
Q:

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131

132

A:
Q:

hours' Yeah' I believe that' I think I had about eight to nine

'-

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injuries during yesterday's incident? Okay. Uh, did you sustain any

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INTERV1EW WITH OFC, (TIMOTHY) GARDNER Interviewor: Sgt. Hong; Det' Iohnson & Harry Stem 02-13-13/6:14 Pm Case # 201 3-085 1 0
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A:
Q:

Yes. I twisted mY right kuee.

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Didyoucompletethernjury-city'sand-ardpolicedepartment'sinjruy
report?

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A:
Q:

Yes.

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Okay.Um,didyousus-um,I'msony"Doyouwearcortectiveeyeglassesora
contact

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lenses?

A:
Q:

No'
;1".ffi;.#d
handcuffs,

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starting with the buckle going Okay. Starting with your front of your duty belt you describe what riuty gearis on your dutybelt?

A:

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with handcuffs lase Uh, well clocl$/ise let1s see. (Uninletligibl^*) baton radio' key ring, ,6 Iitt"i and, um, teft side' uh' flashlight'
ring, asp, and theru uh, exha magaz-tnes'
Okay, Your magazine pouctr, correct? Yeah,

*',

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Q: 1s6
157 158 159 160
161

A:

Didyourdutybeltoranygearonyourdutybeltsustainanydamage? A:
Q: Not that I'm aware of'
The vehicle make and model you were driving

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a**

yesterday's shift?

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A:

Ford crown victoria' uh, no idea what the year is. [t's a crown victoria Remember the vehicle number?

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169

A:
Q:

Yeah,1742.

170

17l t72 t73


174

All right. what kind of markings

and emergency equipment is onthis vehicle?

t75 t76
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1/6

Police Deparfnent, uh, insignia Um, standard police markings for the.Berkley with a emefgency tight bar and on the sides, black *J *rriti.olor scheme spot lights right and left. vehicle? Okay..Do you normally drive this particular

17g

A:

Yes. It's the. uh, beat 16, uh,

car'

20S

GARDNER INTERVIBW WITH OFC. (TIMOTHY)

"ilffii"il

iet. Hoos" Dit'

rohnson&-Tffi-i;*
Case # 201

3485 l0
PaSE 5

180

181
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Q:

paired officer car? IVere you a single officer car or a


Single. police repott regarding this Now you've completed your supplemental incident, correct? I have. report for us? All right And could you read your completed
jus]-a-fter time of report I heard a broadcast Summary' Sony. On the listed date It was at 2116 (Austin) wal nlr.nber 514. of additional units ne;Jior a cau struggle tf'*t BPD officers were involved in a apparent from the U,otal"tt the reached I code tlree and when

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Q:

18s
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Q:

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A:

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with a violent ,ru:*.i'-ii"tpffi; large struggling to take P *fremety apartnent I saw several BPb offlcers andviolentlyresistingpartialynakedpe'rsonintocustody'Theperson officers' +00 pounds and'ittook several appeared to be approiiilately arrived Rlone with several officers who combined efforts tt ;"tt"ihi"n'oa*' for piut" uiti *to handcuffs and calied with me we mBFDtorespondtoassistwithtun,portinehim.Afterwehadsuccessfirlly. I h" lrid suddenly stopped breathing' placed him in ma.or, it ;pp.*.,i him while othir officers requested assisted with immeorately uncuffing BFD arrived

fi"r,#;;";td "

ernergeilcy medical

ril"ttfv ifrittafter
Q:

the and began efforts to revive

;;:*"t *d 6."e* it'*t1 com-pressions' person iffiI*i,if

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q'i:I? All right' Okav' So when vou Okay. Can I see (unintelligibft)Itl uh, additional-iequest for additionalunits heardthe, ulu r*aio if you can uroua"ast and what the words were do you recalt *rro *"J. tt ut recollect?
Um, itwas A.4' Mm-hm.

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Q:

2r4 215 2t6


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A:

Uh,officer(GlenBrovun)anditwasapafiiallybrokentransmissionandwhat or something to that effect' I heard was send us more'officers


in what mannet' uh" Okay. fuid you res- responded
'

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Q:

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A:

tih..,
...what code?

. 223 Q:

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INTERVIEW WITH OFC. (TIMOTHY) -GARDNER Stern Interviewerl Sgt' Hong' Det' Johnson & Harry

#;,i#-itl,t
22s A: 227
228 229
231 226 Q: .,.Iresponded code three, lights and sirens' Obviously you you did so?

Page 6

you did so because there was

a reason'

Do you recall why

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A:

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Q:

kind of stuggle to overcome' Wel[, I - it - it was clear that she was in some f,,"*' from the qualrty of her transmission it was uh, aperson and that ar emergency.

ily""

Okay. And you re- responded from where?

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A:
Q:

I think it was Sacramento

- or, u[

San Pablo and Bancroft thereabouts'

Okay. Eventually you arrived on scene'


Yes..

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A:
Q:

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prior to going to the unit where' uh' the Um, did you speak with anyone, uh, officers were at all.'. Um...
,..when you arrived?

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A:
Q:

--46

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...wellI_Isawotheroffrcersthereandwestartedgoingthroughtheopen
door... Mm-hm.
jurnped th:.:lt1?i"r to the apartment building and thel we like' "Is that you know, I think, - I thfit (Mathis) slid something go"' And'I said, "We've got enough' L'et's
.. ,or

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,*

and' uh'

l"".yt"ayf-

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Q:

with you guys? Okay. Who jumped in the elevator

A:
Q:

Ithinkitwasoum_uh,(I{ikos)'Idon,tknowhislastname.Kastmiler?
Kastmiler.

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26s
7-67

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Q:

to the fifth floor' Yeah. And, uh, so thbn we went up

okay.Sointheelevatorwithyouwasyourself,(Mathis),and,uhKastmiler?
Yes.

268 A:

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INTERVIEW WITH OFC' (TIMOTHY) GARDNER


Interviewer: Sgt' Hong, Det Johnson

&-l#"?Til

Case# 2013-08510 Page 7

\na LIL
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Okay Utr, and so you made it up to the fifth floor" '

A:

Yeah. open or closed? ...ond, uh, when you reached the apartment was the door

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A:
Q:

It was open.
Open.

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which this area - in which this incident occurred? General area that this, uh, incident occurred.
You mean in the aParblent?

in Uh could you just describe, uh, the Sener.ll iescrinli3l,oitne area the description of

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A:
Q:

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yeah. or the landing, apartment, and what you observed before we talk about what you sawin terms of the struggle, et cetera'
and there's Um, well, tltere's s- you krow, the elevator opsns up like an interior courtYard...

A:

it seems

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301

Q:

Okay.
was a railing maybe or ...and I had to walk around the, ung I guess there of an L to get to the open something like that. And so I walked around kind

A:

door. Q:

Mm-hm.
And, uh, so I guess the but the doors kind of open oyt into the courfYard just of kind like, ,ourryard necessarily. I thi$k they were

A:

*rry'aor,t

ru""e

*r.

wells that divide them'


Q:

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you s- uh' you saw the door Okay. All right. Ard, um, so when you got there
was already oPen?

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A:
Q:

Yes.

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311

Okay. And You looked in?


Yes.

A:
Q:

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,13

okay.Co.uh-uh,withouttalking-aboutthepeoplernyoutalkaboutwhat tt.roo*rlookedliketothebestofyourrecollection?

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

Page 8

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A:

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I don't remember a lot about what the room looked like. I just remember an open door and I was able to look through to a like - a living room area oI something like that...
Hmm.

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Q:

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A:

...where there was like,

a matffess and some clothes strewn about.

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Okay. So you saw a matfess and

okay.

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331

A:
Q:

Yes.

Um, so you look in and what are you observing in temrs of the officers and
the subject?

A:

Urn, I observe, uh, a - my first observation Was a very large persOn, very fat, very a lie, obese grotesquely morbidly obese personwith three officers

stuggling to, uh, subdue him.


Q:
When you say they were stnrggling to subdue him what was the position the sudect and subject we're gonnabe refening to him as Mr. (Moore). Okay.

332
133

of

Y:s
336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
351

A:
Q:

His name is - last name (Moore). Um, what was }dr, (Moor$',s position and what was the, uh- the positioning of the officers when they were trying to subdue him? Um, I think Officer (Tu) - he was i- i- fust of all he was kind of on his knees and his elbows, uh, or tha- well, maybe his knees and his shoulders 'cause his hands were partially behind his back, um, and it looked like he was tryitrg to rise 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 been towurds 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 Yeah-

A:

Q:

Mr. $4oore)..

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A:

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...(Brandon Smtth),..

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A:
Q:

Mm-hm.
,

..was to the left, and Oflicer (Brown) towards the shoulder' ' '

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INTERVIEW 1VITH OFC. (TIMOTHY) GARDNER lnterviewer: Sgt. Hong Det, Johnson & Harry Stem
02-13-t3/6:

l4

Pm

Case # 2013-08510

Page 9

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359

Mm-hm.

..,frontal shoulder area?


l-eah.

you're-saying based on Okay. And were they,.uh * which way was again, so *t uiyou described ihut Mr., um - uh, (I\4oorels- was on his belly or on his
back? He wasn't on his back. Okay. on his side 'cause a- all But [.don't know if he was on his stomach or partially I remembsr is focusing on where were his hands forthe mostpart" '

369
371.

370 A: 372 Q: 373 374 A: 377 Q: 378 )A: 381 382 383
384
Q:

37s 376

Okay. ...because I
So when MI.n.

he was not yet handcuffed'

]so

you entered...

A:

38s Q: 386 387 A: 388 38e Q:


390

,..uh it was only Officer (Tu), (Smittr), and (Brown)' Only,those Ri&r.

three?

Kastniler and okay. And you entered obviously you said - you said with (Mathis)...
Mm-hm.
...and he was not handcuffed?

191

392 A: 393 394 Q: 395 396 A: 3e8


399 400 397
Q:

N- no.
Okay. So, uh, seeing what you

A:

stuggle that you see what did you what did you do in terms of (unintelligible)?

*9 *9e?

(01

2 -40:

that there were well I went to grab one of his hands or to help because [-saw to be - there seerned to be at handcuffs on at least one wlist and they seemed least two sets of handcuffs linked together'

21A

GARDNER INTERVIEW WITH OFC. (TIMOTHY) stem sg, rtong, Det' Iohnson & Harry

"il|;i;;

02-I3-13/6:14 Pm Case# 201348510


Page 10

404
405

Mm-hm.

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A:

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just tried I focused on tlrat hand' uh' and And so one of his hands was free and over clasp or hasp I guess it's called to help them bring trr*l* t *a.,rrropen to the uncuffed wrist.

4lr
412

Doyourecallwhichhandwascuffedandwhichhandwasstilluncuffed?
A: I don't. Not with anY claritY'
hand So you grabbed the uncuffed

4t3
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417

you're saying?

A:

418

Well,I_Itiedto.t-I_Ithfukatsomepointlwasabletokindahelppush clean grip' ililt h*dt together buil didn't have like''a very
handcuff you guys were able to successfully Okay. Um, so, uh, errentually
him?
Yes.
y-o1 can recall peopl.e wlro yiere doing the - if Okay. Um, and, uh - and the Mr"" in the succesitul handcuffing on the specific officers

4r9
420 Q: 421 422 A: 423 74 --+25 Q: 426 427 A: 428 429 430 431 A: 432 433 434 435 A: 436 437 438 Q: 439 A: 440 441 442 Q: 443 A: 444 445 r45 Q:

th";; i#ti"g

Mm-hm. ...uh, (Moore).-. Mm-hm.

- I don't know for swe'

Okay.

So... Well were You involved? I

- I was involvdd

Yeah"'

Okay.

'-

+47

448

A:

...at that Point'

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INTERVIEW WITH OFC. (TIMOIHY) OARDNER lntcwiewen Sgl Hong, DeL Johnson&__Tft"r?Til
Cass# 2013-08510 Page I I

449
451

450 Q:
4SZ

um, do you rememkr how Mr. (Moore) was clothed?


around He was partially naked or his, uh- like, there seemed to be something his legs l- and that was it - his lower extremities'
Do you remember

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A: e:

456 457 458 A:


4s9
461

4SS

if any of- other

off,rcers took

try to take control of Mr',

ull, (Moore)'s legs?


Yes.

450 Q:

What do You recall?

463
464 466

462A:Um,well,Ireca]lthathewasstill,uh'strugglhg.It-itseemedlikehewas
trYine to still get uP'

465 Q:
467 A:

Mm-hm Um, and I think (Mathis) had ahold of his lower legs someone, uh, called for the wraP' Mm-hm. we decided that And it was apparent that he would not fit in the wrap and so his ankles. we woul4 uh, put the hobble restraint from the wrap on
Okay, there's ahobble
So

- his aakles. And

468 -9 '.+/0 Q:
471

472 A:

41i
474 476 478 480

475 Q:

restaint"'

477 A: 47g Q:

I helPed with that'

...the staP Part for'


Yeah, the straP'
So You assisted in

481 A: 483 Q: 484 485 A:


487 Q:
488 456 482

the"'

Yes.

.'.waPPing of the ankles?


Yeah.

489 A:

+gl Q: \1

490

Okay. So it was you and (Mathis)?

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

493

A:

494 495 496


497

Yeah.And-andlthink-[*I'mnotsurebutlthinkitwas(Cardoza) l!a]d' "Let me have the hobble or the dropped the wrap ,igftir.xt t" y1 *a it to iMathis). And (Mathis) w- at that strap,,, and he gave it i" *. *t I gave
point was holding onto his f- ankles" ' Mm-hm.

498 499 500,


501

A:

srap, whatev.,

Ur$' so I handed hlltfe.hobble or the ...because they were thrashing around' held his ank]es while (Mathis) vrapped it,,

.allJ,;[,h*

502
503

ttr.-'-*p
Q:

around his, uh, ankles'

504 505 506


507

when you first got there and you saw Okay. Um, so when you described h), offi.*. (Tu), and officer" "

offi;(S*t
Mm-hm.

A:
Q:

508

s09 510
511

it asthem having a vety difficult ...@rown), tr, e- d- would you deseribe time withthis mist- tr4r. (Moore)?

512 '13

A:

Yealr.Idon,t_Idon,tt}rinkthattheywould'vebeenabletohandcuffhimifit
weren't for our assistance'

-s14
51s 516 517 518 519 520 521 522 s23 524 525 s26 527 528 529 530
531

Q:

officers are akeady having a.verr $itricuft so the three officers were e- thrree u.rief that without your help and the other time and you were - v"II---*;r v"*

officer,shelpthatitwould?vebeenvery-itwould,vebeenhardanddifficult

i;;;t;*
A:

to rluccerstullY handcuff him ?

Yes.That,sverytrueandldidqotic.ethatofficer(Tu)was_w.8Sa-clearly to uh, losing his abiliry to, uh, continue "r,

ffir.ril;-# ;;;;;*i.
struggle.

Q:

where Mr" uh' (Moore) was n- uh' not Okay tlh, during the struggle period complying...

A:

Mm-hm.
commands to Mr' (Moore)? ...did you hear officers give verbal

A:
Q:

were' I do but I don't remember what they police comrnands? Okay. But you knew they were Yes. Yeah.

s32
533

534
535

A:
Q:

s36
537

it was? But you can't remember what

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

s38 s39 540

A:

s4t
542

for him to, I don,t rem- but I - I remember that there was some instruction his hands you know - youjust - stop resisting ot put his hands -just Plt though' exactly tehind his back, something like that. I don't rernember
Okay. Now

s43 544 545 546


547

Q:

y.ffi-

Mr. (h4oore)o uh, do you remember him v' saying anything' . ^ 6u, *L mr - *frut was he.verbalizing during this - the struggle?

A:

remember h- h- or him I remember him - him yelting loudly, uh, but I don't articulating any words that I could make out'

548 549 550


551

Q:

of pain of any way okay. Um, do you recall if Mr. (Moore) was complaining ;;6il;"g that he was having difficulry breathing of any way during the stuggle?

552

))J
554

A:
Q:

I didn't hear anY of that. No'

5))
556
557

okay.Um-uh,y-wouldyoucharacterizeoffrcer(Mathisi,officer(Tu)as well? big -Uig officers? Um, and Officer (Smith) as


Yeah.

j58
59 560 561
Q:

weight? And you are - what's your stature? Your height and
S-

562
s63

A:

uh,6 feet, 195.

564 565 566 567 s68 559 s70

195. Okay.

And uh, based on y-

and you consider yourself in shape?

A:
Q:

ReasonablY. Yeah.

And, uh, your felt it _ do you feel that, um

uh, y- y- during the struggle.that

yo" Vo*taf was having

difficult time controlling"'

57r
572 573

A:

oh,yeah.Imean,whenlwasholdingontohisfeetitwas_I_it_I-itwas a[ itodd do to hold his - his ankles down'


OkaY.

574 575 576 s77 578 s79 580


581

A:
Q:

uh... Uh,I know you sard you assisted in handcuffrrg"'


Mm-hm.

A:
Q:

s82

. and then thereafter you assisted in the' uh' ankle restraint'

Z1l

INTERVIEItr.WITH OFC. (TIMOTHY) GARDNER Intcrviewer: Sgt, Hong Det. Johnsoir & Harry Stem
02-13'1316:14 Pm
Case # 2013-08510 Page 14

583

584
585

A:
Q:

Mm-hm.
you describe if you can Did you at all - can you - during that period c- can on top *""if".t tfr* positionint of - wa*s a, ud - other offtcers were they at all any head' of his top on of Mr. (Moore), uh, oniop of chest, on top of his belly' oftlrat do you recall? my focus vgas really I don't really recall that, um, anybody on hirn because to his iiigafy." ietting his hands handcuffed and then I immediately moved of someone So, um, I don't - I don't have a recollection f.ri i"Lfp

586
s87 588

589 590

59r s92
593

A:

iU*tftiO.

s94 s9s s96 s97 s98 599 600


601 4A2

squarely on him'

Q:

Do you recall what as- Officer Kastniler was doing?

A:
Q:

No.
and or um, are you, ul1 based on your taining anf .experience you able to, training yoo *uy have oi specialized training are *V "aairioral someboiy who may be uriiler fte influence of some kind of uU, t "ogrre narcotic or illicit drug?

Okay.

Um-

-J3 604
605 606
607

A:

Sure.

Okay.

608 609 610


611

A:
Q:

Yeah.

Wouldyoubasedonyoulesti-basedonyourtrainingandyourexperience

6t2 6t3
614 615
61,6

*,,rav*saythatthisMr'(Moore)wasundertheinfluenceofan.inany
way? that that's It w- just based on his behavior it w1s my.suspicion undei the irfluence of a - some kind of stimulant'

A:

that he was

617

618

Okay.

619 620
621,

A:

LJh, and

especially given also the I guess his strength

622
623

Strength?

624
<25

A:
Q:

Yeah.

-_ ,26

Okay.,Did he smell of alcohot?

627

215

T:IXLIYUr##?il'irfl H"Jfls"3f*

#;'i,,1li:ltifi
Page
15

628 629 630


631

A:

I don't remember that. Uh, was he sweating profusely (unintelligible) anything like that?

632 633

A:

Um, no. It was just more from - from my point of view his - the - the violent * behavior and - and the I guess how strong he was in - in the in terms of his
resistance.

634
635

636 637 638 639 640

Q:

Okay. Um, before going - let me back track just, uh, real briefly. Before-going to the call for assistance on the radio did you even know what type of cdll that these officers were at? (Brown) and, uh, (Tu).

A:

64t
642 643

644 645 646 647

I remember hearing the call originally of sorne kind of disturbance, some kind of, uh, fi.ght between roommates and I heard three units - I believe three units got disparched to it. So I just kind of a.bsently heard it and - and then I didn't fiear anything rnore wfil all of a zudden I heard (Elaine Brown)'s re- voice on the radit urklng for help or cover - additional units'
Okay. LIh - uh, let me just do this real quick then. Have you ever had any prior contact with Mr. (Moore)?

Q:

-649
5s0

A: Q:

Not that I am aware of.

6sl
652 653

okay. Do you have any prior knowledge of Mr. (Moore), who he was and what he was all about?

6s4
555

A:

um, no. I * I kinda feel like there was a cail last week, ut1 of a 5150 at some point and I thought maybe it was the same pe$on when the cali went out but I
have no idea

6s6
6s7 658 659 660 661 Q:

if

it was or not.

* Okay. Um, all right. So, uh, you said that you were you - you - you and the othei officers were able to successfully handcuffhim. A'1d were you and Offrcer (Mathis) or any other offtcer together able to suc- successfully restrain
his ankles?

662 663 664 665 666 667 668 669 \70

A:
Q:

Yes, we were. Okay. After his airkles were restrained and heos now in handcuffs did the struggle continue?

A:

Um, yeah. We e- he was still trying to don't know how long that went on...
Okay.

lift up his legs, um,

and move'

Um,l

-itz
1

Q:

216

INTERVIEW WITH OFC. (TIMOTHY) GARDNER


lnterviewer: Sgt' Hong' Del

Johnson&-TiHr?t;H
Case # 2013-03510

673

A:

674
675

676 677 678 679 680


681

keep him ...but we - we had to basically immobite- or t- to tlre best of ability and there and that* in o"r place while we decided how to get him tansported we realized he was some discussion about, uh, the ,urip ,ertos BFD and then was just too big to fit a wrap so it had to be BFD'

Q:

how was H- when you said you kept him immobile like, to your recollection Mr. (Moore) kept immobile while waiting for, uh, BFD?

A:

682
583

684
685 686
687

I was - I - I feel like he was partially on his side because when ulr, Vou $ly'um' on on down at his arkles, um, his ankles were togetlter, was othe, and like I said, I didn't really, um, look to hil head but I tp and And "rtrr" onto his ankles or (Mathis) was. I can't remember what. fro'fOlrg
It was that's it.

looking

Ql:

688 689

on his you're saying that, um, it would be inconsistent with him beine.flal stacked one on bact or flat on lis stomach, uh, to have his ankles appear to be
So

the other.

690 691 692


13

A:

That-yeah.
Like

-1o94 595

Qr:
A:

like, I'm doing with my wrists tike that? Except he was on his back. He would be more parallel?

- like, re- like -

696
697

Right. you knowthat you were And so yoI]J recollection is that because of the way i,;id*g'il *kles if - you believe that he was probably o11 at least partially on
his side,
..

698 699 740


7A1,

Ql:

702 703 704 745


7A6 707 708

A:

Correct.

...is what you're saYing? OkaY.


side? Do you recollect? Was somebody bracing him to keep him on his

A:
Q:

That I don't rememberOkay. But he was on his side?


Yeah. on top of him; okay. And to - and to you recollection nobody was s- sitting laying on top of him at that Point?

709 710
712

7tl
713

A:
Q:

7t4
715

l6 '*717

A:

No.

217

WITH OFC. TTIMOTHY) GARDNER INTERVIEW -'t t rriu*tt, Sgl, Hong DeL Johnson & Harry Stem
02'13-1316:14 Pm Page
17

Case # 2013-08510

718 719 720 721 722


723

Q:

aS you said as to the wrap okay' All right. Um, and so there was a discussion d- was it determined based on or BFD and when yor.uia, uh, was it - was it a-isrusrion that you were gonna call BFD?

A:

Yeah. I Okay.

itiof. it was immediate.

724 725

*'r39

726 727 728 729 730 731 732 733 734 735 736 737 38

A:

;;i"G;^#,"
Q: Got it. So, um.

better - it was he,s too big for the wrap. we *Yeah' thev'll il- S;td;,uh, (Ptillip;i*u 'o*tthiog like'

It was

call BFD and, uh, I think


do the four

or roor.thirg like that in a gurney'

A:

it was some kind of I don't know if she used the word four point but restaint...
Yeah.

A:
Q:

.,.term that she used.

740 741
742

BID'* bring a yorlr decision was that you guys gonna get the hi*Lio - io a medical gumev and to gurney up so you take him down?
So you

d;;t*rp

i *"

743 744 745 746 747 748 749 750 751 752 753 754 755 756 7s7 758 7s9
76A

A:
Q:

Right. _ while at,- did yoll know at the time white during you know do is is Question rrupiffi *ny trr."mcers, u[ wanted him restrained in the struggle handcuffi? What was the intent?

**

A:
Q:

No. I did not know.

okay.Arrdafterthe-everythin.gcatmeddownandtheyweretoldthatwe,re to take him out of the room do you gonna get the gurney f;.;'h;ltd'' Moole) [no* it y he was gonna be taken out of the room?
No.
Okay. IJm, so, uh, you're

A:

* you're waiting for the gumey'

correct?

A:
Q:

Yeah.

761

762

All right. And who

you recall? made the request for the gurnefl Do

218

TNTERVIEW WITH OFC. (TIMOTHY) GARDNER Inte*iewer: Sgt. Hong, Det. Johnson & Harry Stern 02-13-13/6:14 Pn 'Ctise# 2013-08510 Page l8

763

764 76s 766 767 768 769 770 771 772


773

A:
Q:

I believe it was, uh, Sergeant (Phillips).

unforhrnately, Bm - um, Ivft', uh, (Moore) And while waiting for the gurney -Could you describe how that came about to the best had a difficulty breathing.

ofyour...

kr"*,

we were waiting for the gumey and I don't remember the passage of you know, we - we timen uh, but it was not that long, um, and then, eh, he weren't holding him down at that point. Uh...
You were not?

Just at some point

it

seemed like he was not breathing.

I mean, it just, you

774 775 776

Q:

777 778 779 780 781 782


33

A;

No. Um, or

we were it was lilie, light touch just the way you might, uh, you'lI hold On to someone without pressure but knowing if they start resistrng

if - if

- you'll know it. Um...


Ql:
A;
he was And he was stitt breathing at that point when you guys were doing that still. . .

'184
785

Right
...was,

.786
787 788

uh:uh..

A:

Right.

789 790 797 792 793 794 795 796 797 798 799 800
801

...was he still screaming?

A:

No. Okay. But he

but you knew that he was breathing?

A:

Right.
Okay.

A:

802 803 804 805

who it so with that khd of, uh, I guess a iight touch, uh, it - I don't remember wasn't. So, um, was said, "H.y, is he breathing?" And I - and I looked and he need to do * w9 well, we tumed *- *.tt I guess it we immediately decided .fr*.i.o*prrssions ight away. And, uh, Sergeant (Phillip$ asked for, uh, term, something BFD to rqspond to a riedical emergency. I think she used that

like it.

)6 t07

Ql:

okaY'

ug

INTERVIEW WTH OFC' (TIMOTHY) GARDNER Stem Interviewer: Sgt. Hong Det, Johnson & Harry 02-13-13/6:14 Pm
Case # 201 3"085

l0

Page 19

808

809 810
811

A:

812
813

and, um, And I immediately went over and attempted or did unhandcuffhim be roiled yr- rrrr*, po- u- it *ut tioJof all one motion where he was gonna So unhandcuffhim' to thr;d;nto his Uu.ttfr"r.fo* I wouldn'tbe able was it who th;i poiirt f was unhandcuffing him as - as I don't rernember

;i

; ;;ffiffiilhis
Q:
So you

back

*d tt.n i:***diut

ly started chest compressions'

814
815

a'unhandcuffed Mr. (Moore)?

8i6
817
818

A:

Yes.

819 820 821

Okay.
SuccessfirllY ?

822 823

And...

.824
825

A:
Q:

Yes.

826
827

'*629
831

l8
A:

where they were doing okay. And he was rolled back onto his back and thenthe officers started doing CPR? Yes.

and

830

832
833

Uh,doyourememberwhot-whichofflrcerisdoingthechesicompression?
A; It was OfEcer (Tu).

834 835 836 837 838 839 840 841 842 843

okay'Doyouremdmberwhowasdoingtheairwayportionofthe_theair?
A:
Q:
was clear? Um, you mean making sure that the airway Yeah. Or

if (unintelligible)'

A:
Q:

I...
...normally you have somebody at the mouth" Risht.
...and somebodY at the chest'
'

8M
845
8;46

847 848

849 350

A:

I don't remember who did that'

22A

H:IX',fJ#,H.ff:,:lrflJf,"J?s,'313* pm
02'11-1316:14
Case #

20t3-08510
Page 20

852
853

Q:

854
855

la- sOkay. All right. So if you can femember from the time that the f- for the suh, iack of a better expression from the time that the, uh, fight was sstopped to the time that he stopped breathing'.
Mm-hm. ...what

856 8s7 858 859 860


861

what would you

do you remember what time span that would be?

A:

Um, there a couple minutes.


Couple minutes?

862 863 864


865 866 867 868

A:
Q;

Yeali.
uh, okay. so what- what are you doing while, uh, ttre officers were doing, CPR on IvIr. (Moore)?

869
870
871

A:

um, well I was

-12

'--r.3 874 875

irformation as to whether or not BFD was was in from a firI'or something like that 'cause there was another incident that arrived progress. And so I was,-um - I went out the door to see if they had icause I was gonna lead 'em back into the, uh, room'

.#tirti"g,

uh.,

there was - [ went out the door 'cause BFD - I - wellon scene or comiag

Q:

Iknm.
and I think, urn - uh, you know, there was some talk uU*t, yo,, koo*, let's get these guys here, you know, s- can we speed it up or something like that.
So I was, you know

876
877 878

A:

879
880
881

Qr

Okay So...

882
883

A:
Q:

884 885 886

And so you were out on the landing area (unintelligible)'


Yeah. I think I went back and forth once or twice' Okay.
Just

887
888 889 890
891

A:
Q:

A:
Q:

to..

892
893

And then.

994
-i5

A:

kind of thing. ...sh- keep going out to see are they here yet. You know, that

'-a16

221

TNTERVIEW WITH OFC. (TIMOTHYi GARDNER Interviewer: Sgt. Hong DeL Johnson & Harry Stern
02-13-13/6: 14 Pm
Case #

201348510

Page2l

897

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

898 899 900


901

A:

Just...

...continuing CPR?

902 903 904 90s 906 907 908 909 910 971
91,2

A:

Yeah. And..

(Unintelligible). A:
alone point I asked Officer (Tu) know, give him a break or...
..

.*

if

he needed, uh

needed, um, you

Yeah.

A:

913 914 915

...to take over if he was getting tired and, ulU but he seemed to be doing a pretry good job. And he said no, he was fine'
Okay.

9r6
1'7

A:

And, um... Okay. And eventually paramedics. arrived?

'=r18
919 920 921 922 923 924 925 926 927 928 929 930
931

A:

I Yeah. And so I think it might have been my second time out the elevator so I saw it head the -the t- you know, elevator coming up or something and room' the open. I said y- in hsre guys' And let 'em into
And, um, BFD came alrd, uh, kept working on Iv{r' (Moore) an{-1hey transportla him in the ambulanci to Vqur knowledge to (uninlelli$b1e) the hospital? so when * after they trans- after they took Mr. (Moore) out of ,oo* ho* - did you stay or did you - did you leave or what - whaf happened
thereafter?

Q:

A:
Q:

Well,I left
When Yeah. When *re Yeah.

and went downstairs.

932 e37 934 935 936


937 938 139

-when BFD arrived?

A:
Q:

fire...

A:
Q:

n4t

10

...and paramedics

arrived?
Z2Z

[??,*'llffi iff }lf#UlH"H';:l'ffff 02'13-13/6:14


Case # 2013-085

Pm

l0

Page22

,i1 A:
944
946

942

Yeah' Yeah, um, they totd us if we weren't needed' to leave'

g45Q:Isee.oCausethe_okay.Arrdsoyouwent-you.left?
Yes.

950
9s2
954

947 A: 948 g4g Q:

Did you leave the aparhnent scene? Did you drive

offi
Nas

^ 951A:Yeah'No.!un,stayedattheapartmerrtjusttobr.untillr

*^.,a,{ ar rho

onq#w

relisved'

953 Q:
956
9s8

OkaY'

g55A:Andthenatsomepoint,um'Iwastoldtogobacktothestation'
, t.
r,-

g57Q:okay.Whotoldyoutogobacktothestation?
tlh,
Sergeant Ross'

960 which sergeants were on Okay' Um, do yourecall y-hich suf.9rvising unit or 961 Q: .2scene}uh-rrh,atthatincidentoutsidetheapltmlt,insidetheapartrnent_ which - which supervisors arrived and were there? V3 964 theroom' Well I know, uh, (Ben Cardoza) and (Amberi w'ere in 965 A:
966

g5g A:

961 Q:
971

Mm-hm' _ was downstairs and, ...in the aparknent. (sha-wrr) was, uh (shawn) Ross that's as much as I recall for sure'
OkaY'
utr,

3:3 A: g7O
972 Q:
'r7,?^
97s
977

A:

Um, maybe (Van) Huynh was there but I

I can't be sure

at some Point'

976Q:okay.Va.(Van)Huynhis,uh,H.U-Y.N-H?You,renotsureifhewasthere?

g78 A:

Yeah,I don't"'

979

9s0Q:okay.Doyourememberanyotherrankingofficerthereon_onscene?
981

982 A:
]5

No'

983

?84Q:Okay'Um,let'ssee'Um'doyouhaveanything?
223

INTERVIEW WITTI OFC, (TIMOTHY) CARDNER


Interviewer: Sgt. Hong, Det. Johnson&

T#,,i1il

Casc# 20t3-08510 Page23

986 Q1: gB7


988

Did you interact with any subjects that weren't police officers or Mr. (Moore) during the time when you came there in the apartment (unintelligible)? I, um - when was" ' Mm-hm. ...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 is

969 A: 990
9gZ Ql: 993 gg4 A:
991

i frst exited the elevator I didn't know exactly

where the room.

9g5 996 99? 998 Ql: 999 1000 A:


1001 1003 1005

it?"
Mm-hm. *Where's the room," maybe or something like that. And he just pointed,
OkaY.
So

t002 Ql:

1004 A:

(unintelligible).

5 Ql: tu-v / 1008 A:


1009

Did you know that pelson from prior contact or anything?


No. No.
Okay. And did you see that person later or" '

1010 Ql:
1011

I0L2 A:

N- notto mY knowledge.
OkaY.

1013

Ql: 1015 l0t6 e: l0l 7 r018 1019 A:


1014

Okay (gnintelligible). Okay. Lh, actually I got some questions. Last ones from me. bf uU the offrcers on scene that you re- can caJl - you can reoall- . -

Mm-hin. Mm-hm.

t021 Q:

t020

1022 t023 1024 A:


1026

.,.ohy,

at any time did any officer or you strike Mr. (Moorei with a open

hand or closed fist?

No.

t025

Q: t027 )28 A: I lvr0 Q:

Did you witness any offtcer or you use


No one used a baton that I saw'

use the, uh, baton?

Had you or any other officer, uh, used, uh, OC spray?

224

INTERVIEW WTH OFC. (TIMOTHY) GARDNER Interviewer: Sgt. Hong

r*

"5;,1 ?r?rfiT
Case # 2013-08510

Page24
:!

103

1032
1033

A:

No,

1035 1036 1037 A:


1038 1040

rc34 Q:

Did you or any other officer to your, uh, recollection use any type of weap' afly type of instrument that can be used as a blunt object? No.

1039 Q:

A- and did you or any other officer use your firearm?


No Did No.
Okay. Um, let's see. Do you recall ofthe best of you recollection any other officers who were or scene other than those that you've mentioned so far?

Q: t044 1045 A:
1043
1046

i31l

A:

was a firearm used in any way as a blunt object?

Q: 1048 t049 1050 A: 151 52 Q: -rosl 1054 A:


1047
1055

A- up in the a- aPartnent?
8- up inthe apartnent,
Yeah. No.

1056 Q: 1058 A:
1059 1057

Pnintelligible) no.
That's iL
Okay. Uh, what about outside while you were leaving and, uh, you were outside waiting to be relieved]

1061 1062 1063 A:


1064 1066 1067 1068 1070

1060 Q:

. Um-uh,(AndrewFranco)wasthere.Um, (TimKaplan)and,um..'
Okay.

1065 Q:

. A:

...that'sit. Thatwasasfaraslremember.
(Hany), anything?
No, thank you. Um, is there anytbing you want to, uh, add that we may benefrt from knowing?

1069 Q: 1071 Q2:


t072

rA74 -'5

{J73

Q:

225

INTERVIEW WITH OFC. (TIMOTHY) GARDNER Interviewer: Sgt, Hong, Det. Johnson&

T;flrf;Tfi

A: 1077 t078 l07g e: i080


1076
10E

Um, I would just say that - that we did our behave very ProfessionallY'

b.est and that

I saw every officer

Okay. Good. (Unintelligible). Ali right. It is, uh, 1847 hours. This concludes the interview, uh, Officer Gardner, G-A-R.DN'E-R'

I
This transcript has been reviewed with the audio recording submitted and it is an accurate tanscription. Signed

iogs

1082

1084 1085

226