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BERKELEY POLICE DEPARTMENT

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CASE NO.

/3 , af,t-r

DATE
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ot--/l-/l
(PzuIr4

(Irrutff)

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8
9

STATEMENT TO INVOLVED OFFICER:

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11

{ ,lTlLfia zt r*
yow atromey,

you

Are

being teptesented hete at this interview by

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!4W#OSW/
^tafly time. You

You ate not in custody andyou ate ftee to


are

13.

conclude the interv'iew t4


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not obligated to answer any questions'

Any answets you do glve fnay be used in

coutt of lavz. Having this in mhd, do you

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t7
18 19 ?fr

wish to voluntatily ptoceed with the interrieur?

Esb^tatt-=o *fuan
OFPICERNA.Ii/E

SIGNATURE

?I

;-

2l
22
a2

2+, 25

{ -l-

227

INTERVIEW WITH SGT. (BEN) CARDOZA Interviewerl Sgt. Hong


02-13-13/8:09 Pm Case# 20ll'08510

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INTERYIEW WITH SGT. (BEI\I) CARDOZA Q=Sgt llong Ql=Det' Johnson Q2={Harry) Steru d=Set (Ben) Cardoza
Okay.February 13,2009 hours. Tntewiew with Sergeant (Ben) Cardoza,C'A' R'D-O-Z-A. tlh, this is Sergeant Hong, H-O-N-G'
Detective Johnson, J-O-H-N-S-O-N, badge 26'

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t3

Ql: Q2: A: Q: L: e: A: e: A: e: A:

I'm (Harry) Stern, S-T-E-R-N'


Sergeant Cardoza"C-A'R'D'O-7'A'

fuid sergeant cardoza, you signed your, uh, waiver?


Yes. and Okay. All riglrt. So, urn, to begin wlth, uh, c- could you state your rank badge number?

Police sergeant, badge S31' Uh, what was yolr, uh, date of hire with Berkeiey Police Department?

My initial date of hire was I believe July 12 of 99 and I was sworn in middle ofDecernber of 99'
Do you have any prior law enforcement experience ouiside of the Berkeley
Police?

No'

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Teamthree'

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50

LIh, what are the normal days worked and nonnal hours worked forteam
three?

Monday through Thursday from 1530 to 0130'

Q: A: Q: A: Q: A: e: A: e: A: Q: A: Q: A: Q: A:

okay.Today's date is curently the lJtha9 rou$1awh3nI saythe word yesterday I,m meaning the shift of, uh, February 12, Tuesday, okay?
okaYSo what was your S31.

call sign during yesterday's shift?

And what area do you cover as


The ciry.

uh

as S31?

Okay. So your- your role as a, tth, sergeant is

i uh, i- is what?
:

A Patrol suPervisor'
Uh, who was your supervisor at the time of yesterday's incident? Lieutenant (Files)'

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uh, is he your normal su- uh


Yes.

uh, comaanding officer?

you worked? Prior to yesterday's shift, when was the last shift

MondaYnight'
Got

it. Okay' And was it the same hour?

Yes' jobs? All right. Do you hold any secondary employment or No.

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prior to yesterday's Did you work any overtime after yesterday's shift or

shift?'

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INTERVIEW wrrH

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After yesterday's shift documentation but not, -.


OkaY, extended. Yes. OkaY,

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Q: A: Q: A:

Extended.

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But prior to yesterday's shift would you No.

- fid you work any overtime?

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102

Have you taken any medication, prescripion or otherwise?

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AdvilAdvil. Have you consumed any alcohol in the past 24 hours?


No. Do you have any mdical conditions?

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A h- whole series ofthem. None that impact my job.

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123

okay. So you are f- you are considered tull duty when it comes to the city clty, uh-um...
Yes. Yeah. Yeah. So you are considered ftrll duty? You have no limitations?

tzl

No'
Okay. Uh, when was the last time you slept, uh, prior to yesterday's shift...

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Uh...
...and how long?

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l32A:...thenightpriorapproximatelysevenhotxs.
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incident?

yesterday's SeveR hours. Okay. LIh, did you sustain any injuries during

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INTERVIEW WITH SGT. (BEN) CARDOZA

Interviewer; Sgt' Hong 02'13-13/8:09 Pm cas# 2013-08510


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137 No. Do you wear corrective eyeglasses or contact lenses? No. Q: could you describe stsrting from your, uh, front belt buckle going clocltwise what duty gear is on Yow diitY belt?

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A:

holster, a My cell phone holder, my sidearrr, a handcuff case' a radio nasnight, a collapsible baton holster, and magazines' from yesterday's okay. Did your dufy belt or duty gear sustain any darnage incident? No. during yesterday's okay. what vehicle make and model were you driving shift?

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Q:

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A Ford Crown Vistoda Police Interceptor'


And what vehicle number?

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A:
Q:

1722.

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t6?
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Andwhatkindofmarkingsandemergencyequipmentisonthisvehicle?
Uh, it's a fi.rlly marked
EmergeucY lights? Yes. vehicle? AII right. Do you norrnally drive this particular

A:
Q:

polit" vehicle'

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Q:

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A:
Q:

Maybe.

All right. Uh, you have, uh - youhave


drive,=uh, u* u Yes.

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a series of fout diffetent vehicles you

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A:
Q:

-*79 180

Okay. Artd1722is one of ttrem?

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TNTERVIEW WITH SGT. (BEN) CARDOZA lnterviewec Sgt- Hong

02'13'13/8:09 Pin

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Yes.

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All right. Uh, and you're a single car supervising vehicle, correct?
Yes.

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A:
Q:

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Alt right.Um, okay. Did you complete a police report, uh, regarding yesterday's incident?
No. sileaking about the if you incident, uh, from yesterday. We're gonna go step by tt"p A"q so, um, can start by telling us, uh - uh, n- the incident location is, um, 2116 Okay. Um

A:
Q:

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- uh, so we're gosna get - we're gonnastafi

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(Austin)...
Yes.

,..aparfrnent 514?
Yes. Oklay; And a subject that,
a person,

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Q:

uh-

uh, of interest,

uL that we're speaking about is

fXavier), uh, (Moore)

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A:

Yes.

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Q:

And he,s a deceased (unintelligible). so did you go to 2116 (Austin)


apartunent Yes.
5

14 YesterdaY?

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Okay. Can you tell us why you went there?

A:

I responded to the scene affts- after officers on Scene requested code ttree
cover.

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Q:

Do you remernber who requested code three cover?

I believe it was Offioer Brown.


Do you
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can you recall any of the verbiage you used on the radio traffic?

A:

I-Ican't.
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INTERVIEW WITH SGT. (BEN) CARDOZA lntcrviewer: Sgt. Hong

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Okay. But to your, um, interpretation t)f the radio was a code three request?
Yes.

taffrc you felt

as

though

it

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Q:

okay. so where werc you reqponding from when you heard this radio
.broadcast?

From the station.

know what okay, from the_station, And, uh, when you t:t 9. station did vou typeof call OffrcerBrown was, uh, involved in?
I knew what the initial call was' Wltat would it havebeen? medications and I believe it was a,lss.lrffioptr@ieElndividuai possibly offtheir dnrnk or somethingto those efflect.

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you arrived what Okay. So you f- responded from the station and then when did you do after You, ul:, parked your vehicle?
and I guess found I entered thg building, took the elevator to the fiflhfloor, aPartrient 514'

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A:

253Q:Didyougouptheelevatorbyyourself?

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I believe Sergeant (Phillipsi was with me'

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anived approximately Okay. So I?m assuning you and Sergeant (Phillips) about the same time then?
Yes. anything onthe elevator Exiuse me. Did you and Sergeant (Phillips) discuss onthe waY '--J uP? -'

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No
c-r ^*a*r'.an r 514? <11, And, uh, you were ultimately able to find apailrnent

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Yes.

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Okay. So can you describe, uh, the, uh - the area of this apartment afld, uh, before we discuss what- what you saw inside? the apartment is located on the north side of the building. There's a cental coufyard in the building, When you exit the elevator you go north or left and wind your way around and I think it's - it's almost in the middle of
The

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A:

that north side.

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Q:

okay. so when you arrived and was, uh open or - or closed?


Open.

was the, uh, door to aparrnent 514

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A:
Q:

Okay. Okay. Was there any ofEcers in the hallway when you fust arrived?

A:
Q:

I dou't believe so.


Okay. Okay. So when you looked into the aparhnent through the open door, describe for me what you saw to thebest of your recollection.
When I looked inside there was a Soqp of officers restraining an individual on a mathess inside I guess it's be like, the main room of the aparhnent towards the - the east wall of the aparhnent. The mattress wes on the floor and the officers were on top of the individual. The individual was screaming and actively resisting, both kicking and fighting the offtcers.

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Q:

Okay. Before we get to some more specifics, do you recall when you arrived can you tell us the names'of the officers that were inside the apartmelt? Not *t ai tt ey were doing, but all the officers that were inside the apartment when you arrived. Can you recall?

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can recall some of them, not-...

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okay, the ones that you recall, can you c- tell us their name A:

their names?

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Officer Mathis, Officer Btown, Ofhcer Tu, and I know there were sevetal

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Q:

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Okay. Offrcer Mathis, M-A-T-H-I-S, Officer Brown, B-R-O-W-N, Qffiger Tu, T-U. And there was several other officers. Okay. Got it. Now you said that, um, when you, uh, looked in at officers - at - at least Oflicers Mathis, Brown, ru, and poi"ntiaty others were in a fight withthe, uh * with, uh, I\4r. (Moore). tIh, you said that IUr. (Moore) was screaming. Can you recall what exactly words he was screaming or what he was saying?

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TNTERV1EW WITH SGT. (BEN) CARDOZA

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A:
Q:

No,I can't. * any Okay. While we're on topic can you recall if Mr', uf Mr' (Moore) at needed time you heard him ask or say that he was, uh, hurt in . in anf-f41$on' fashion? an ambulance, or needed .*irgeo"y medical aftention in any
No.

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A:
Q:

And you said there were officers on top of Mr. (Moore)' Cou]{-ryu describe (Moore) and in for me which - can you tell me which officers were on top of on top of what fashion? Uh, like, why would you - what would be them being that? (Moore)? How c.ould you de- how would youdescribe

A:

if on top The only one I can truly describe is Officer Mathis and ] don'tknow legs' (Moore)'s is a correct word but he was attempting to restain Mr.
Okay;
and The other officers were attempting to reskain I believe arms

Q:

A:

m-just

basically resfrain Mr. (Moore).


Q:
process okay. LIh, ivlf. (Moore)',s body dudng this reshain attempt ground? the body on top of the mattess or on the

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- uh, was

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A:

I believe it was'the matEess.


Okay. Was Mr., uh, (Moore)'s f- face down or face up?

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A:
Q:

Face down.

was lying on okay. so would it be fair to say that, uh,-him being face dounhe .cause legs? stomach, the front of his body -meaning his chest, Yes.

A:
Q:

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tryiag to okay. And do you recall - nowyou said m- officer Mathis was yourecall exactly if you restrain Mr., uh, (Moore)'s tegs tr ankles. An{ do was? can remember *- uh, what Officer Brown's positioning

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A:
Q:

I can't remember.
Can you remember Offrcer Tu's positioning?

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A:

No.

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Q:

,Okay- Um, do you know - do you remember assist in the physical struggle? No.

if it was Offrcer - did you at all

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A:
Q:

Okay. Do you recall if Officer f- or Sergeant (Phillips), uh, attempted to assist, uh, officers in the physical struggle I don't believe so. Okay. You're not sure?

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A:

A:

Not swe. Okay. Um, would you characterize lv[r. (Moore) as fighting the officers?

A:
Q:

Yes.

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Okay. Could you describe why you believe Mr. (Moore) was fighting the ofEcers'as opposed to complYing? He was actively resisting. He was attempting to use his feet to kick the officers. He was squirming arourd on the mattess, just moving and not compliant with the offlicers.

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Did you hear any commands by officers for compliance?

A:
Q:

I don't recall. so the stuggle is continuing. Eventually, um, is Mr. (Moore) conilolled in
some fashion?

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A:
Q:

Yes.

Okay. Could you describe what you mean by he's con' by how s- he's
contoolled?

A:

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he was conholled. The offrcers were eventually able to handcuff him and then Officer Mathis was able - on my way u.pthe elevator I brought awIEp just in case and from the natur of it and I guess while on the elevator they just requested a wrap. But w9 were able to control Mr. (Moore)'s ankles by He

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using the

guess the ankle shap of the wrap and that was

it.

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Q:

Okay..And when you say; uh the offtcers were suocessful in handcuffrng Mr., uh, O4oore), uh, w- is there a standad handcuffing that they did...

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A:
Q:

L..
...to the back? I don't recall how they did it but at some point he was handeuffed behind his
back.

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Q:

Okay. Um, okay. So he's handcuffed and younoticed that, uh restrain successfirl as well -'the ankle restraint? I believe so,

was the leg

A:
Q:

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Okay. Um, now after the res- restraints urele placed on Mr. (Moorei how was his demeanor, behavior, w- did it change?

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Q:

While I was still tbere he was still resisting and still screaming' And at this point can you recall what he was screarning? No.
Gkay. All right. So, uh recall happening then?

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Q:

so then what -- what

* whatis the next thing that you

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A:

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For myself at some point during or that minute or so after he's restrained, uh, BFD was contacted via dispatch and I had gone down to basically meet up with the englne and the ambul*ce to advise what we needed and to check on - or basically what we required from them-

Q:

okay. so when, r:h - whep you said that, uh, BFD was police radio - is that correct?
Yes.

- wtls notified

viathe

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A:
Q:

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All right. What was the request need?


I believe it was for a medical evaluation and, um, a gurney'

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Do you know why, rrtr, specifically a gunrey was requested?

A:

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B- because of Mr. (Moore)'s size and I believe his combativeness' There was no way he was gonna be walked out of the" '
Okay, the

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4s0

apartrnent,
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Q:

Conect.

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their Okay. Okay. So when you Ieft the apar-tment to, uh, make sure BFD finds *uyio the apartment you,re saying ihat mis- at that point Mr. (Moore) was still in a active, uh, tes- resisting mo- he was resistirtg?
Yes,

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A:
Q:

Eventhgugh the handcuffs were on and the aukle tie was ma- uh, ankle doo" whe,n you left he was still in the, uh, physi'cal, um, act of restraint

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resisting?

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A:

Correct. He was still agitated... Okay.

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A:
Q:

...and still...

.-

All right. When you left the last position what position * his bodY?
A1l right. Face down on the mattress' On the mattress? Yes.

you saw Mr. (Moore) was

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Q:

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Q:

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okay. All right. Now you said specifically, uh, that, um -scratch that. During yo* ti*. iniide the aiartment did yo, at all ever see officers putting their, uh -um, fully ontop of Mr. (Moore)? Not that I can reca$.
head? Do you recall at all seeing any officers, uh, on top of Mr. (Moore)'s

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Q:

48s
486 488

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490

A:

No.

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Mr. $4oore)'s neck?


No.
Chest area?

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Q:

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I can't recall.

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Q:

Did any w- offlcers use their sidearm or their duty pistol to hit Mr' (Moore) with?
No.

A:
Q:

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551

okay. um
No.

um, and also kicking. Did you see any officers kick Mr. (Moore)?

A:
Q:

And after you left to make youwent down?


Yes.

ensure that BFD

will find their way back -

ss

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A:
Q:

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But you took the elevator?


Yes.

A:
Q:

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And when you went down and you waited when you went down.

so

tell us b- what happened after

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A:

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engine I went down, waited I don't know less than a rninute or so, and as the one of the air the over heard up I roLled up - the fire departmerf engine rolled officers say I believe starting CPR.

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5?O

Okay.

A:

from And I advised the paramedics that the natue of the call had changed on the CPR starting were what I guess they initially said and said that officers up the individial. And then myself and the fire englne crew went back
elevator.

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Q:

So you accompanied the paramedics to the apartment?

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Q:

Yes.

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**

what Okay, Once you anived backat the apartment with the, um, paramedics, yo* observations of what was going on?

A:

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backnow Frsm what I saw is I enteredthe aparbnent. Mr. (Moore) was onhis hi- he sure io tfr" * I.guess to the left of the matEess so on -tlt floor. I'mpretty *u, *.,rif.d. The, uh - the leg restaint was still on him so the - the stap (Moore)' riiff on him. And Officer Tu is doing chest compressions on Mr'

**

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Q:

And after the paramedics anived they took over the cPR process?

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A:
Q:

Yes.

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AII right. S0, um, paramedics are doirg the CPR a1d then I'm assuming if this is conect that they-'re loading Mr. (Moore) onto a gurney and taking him took i- with the intent to take him to the hospital?

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601

A:
Q:

Yes.

Did that all occur? He was taken outside the apartment with the paramedics and taken to the hospital?
Yes.

A:
Q:

Okay. Lih, after Mr, (Moore) has now left with the paramedics, um, what y.ou ast you.this. Who was considered, uh, the scene supervisor as q um, ir- l.t

*.

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at this incident?

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Q:

I was.
Okay. So you {lssumed scene supervisor's, uh, role?
Yes.

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A:

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Okay. Okay. Did you make any type of assignments or,

um-

uh, tasks?

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Q:

Yes.

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Okay, Could you rern- do you remember kind of assiguments Youmade?

if

you caa recall (unintelligible) what

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I dilected Officer (Cassinor) to obtain a written statement from one of the individuals who I guess we later determined was inside the apartment initially. Believe another officer had gone to the jail to book another individual that was in the I guess apartmentor well, I believe it ended up being the reporting
party. IMm-hm.

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And I also made srre.that officer was gorura take a written statement from that individual. Uh, I directed believe it was Officer Mathis and Officer tech to come (Macintosh) to do a neighborhood check. I requested for the fire and photograph the scene. Axd - oh, prior to all of that while the watch duty on notified the (Mo9re) I aepartment was working on Mr. ro-n **A"t about the incident and what had

I!

happened'

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INTERVIEW WITH SCT. (BEN) CARDOZA

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Interviewer: Sgt. Hong 02'13-13/8:09 Pm Case # 2013-08510 Page 15

631

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Okay.

Ar
Q:

And beLieve at that point in time that was it.

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um, did you have a - I 'm - I',m assuming you had a chance to observe okay. -(Moore). D-o you- would you, urn, charaeterize Mr. (Moore) based on ur. yowiraini"g andlxperience and.I don't know the specifics on your ftaining and experience in this, uh, topic but dp p would you consider, uh, Mr' the of Moo,"1 as been - being undlr the influence of some, type -,nder influence of drugs or alcohol?
Possibly. Possibly. Okay, But you can't be certain?

L:
Q;

No.
Q:

Okay. You yourself never went hands on with Mr. (Moore)? No. Never touched him? No. Okay. Um, have you ever had any prior contacts with Mr. fravier Moore)? No. Do you have any prior knowledge of lvfr: fXavier Moore)? No.

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Q:

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559 660 661

A:
Q:

662
663

A:

664 665 656


667

And let me take a pause and ttrink (uniotelligible) anything? (Unintelligible).

668 669 674 671 672


<73

Mr. Stem?
Q2:

I have a quick one. During the time you were in apartment 514 and you say anything ftua tn" oppotf*ity to observe the struggle did Mr. (Moore) evor Iike, io['p having trouble breathing'1'?
Sure.

./4
67s

A:

Not that I recall.

242

rNrERvrEw wrrH sor-

(Bsr{)ftffif,t
02-13-13/8:09 pm Case# 20I3-08510 page
16

Q2: 678 679 A: 680 681 Q2: 682 683 Q; 684 685 686 A:
1611

Okay. Anything like the request for medical assistance that you heard?

Not that I recall.


Okay.

Um, inside the aparhnent did you see inplainview anything that you felt was illegal confraband, weapons, or anything?
Yes.

688 Q: 689 690 A: 69l 692 693 694


69s

687

What did you see?


There was a cap of a hypodermic s- syringe on the floor as weII as a capped syriuge in I guess it would be considered the bedroom as well as a, uh,I believe it was at least one or two pipes he used for smoking marijuana and there were quite a few prescription pill bottles. I don't know if they were Mr. (Moore)'s or not. Okay, To you knowled.ge, um - let me ask you. Had did you ever speak with Mr. (Moore)?

.*-,re - 697 Q: 698 699 A:


701 Q:
702 704
700

did

have you ever

No.

Did you ever speak with the gentlemen by the name


(I{aYes).

of

um'

'.

703 Q1:

705 Q:
706
708

...(John HaYes)? No.

7A7 A:

709 Q: 710 711 Ql:


712

Did You sPeak.,-. (Unintelligible) (Edward Sternum)? And did you speak with any gentleman by the narne of (Edward Stemum)?
Ottrer than asking him to wait while

713 Q:

l# A: 716
7l't

I spoke with the officer speaking with

him, no. S0... Okay, and you had to speak with Mr. (Sternum) why? Because he was on
scene?

.- 19

?18 e;

720

z*i

INTERVIEW WITH SGT. (BEN) CARDOZA


Interviewer: Sgt- Hong 02-13-13/8:09 Pm
Case #

201348510
Page 17

721,
722

A:

Conect. Okay. Do you know what hisrelationship was to the apartment? I do

723 e: 724 725 A:

- I do not-

727 Q; 728 72g A:


731 Q: 11? e2:
730

726

You don't know? I be- believe he was a friend visiting or" '
OkaY.

734 735

When the officers are first- when you first showed up and" saw the officers he atEmpted to restain him at that point would you say that h9 was verbal, was Yelling and making noise?
Yes.

736 738

737 A:

73g Q2: .40 .___,1


742

did y9u This - that Mr. (MoorQ was? Okay-. um, and you - at - at no point that did appear dyou, um and I think you already asked this actually, Did he was uuable to make noise or breathe or any indicati.on of that?
Not while I was there'
OkaY-

743 A:

744

745 Q2: 746 v47 Q:


748

Um...

Do you recall how he was dressed

- Mr' (Moore)?

75O 751
752

74g A:

naked f think he had what iooked like a blanket or somethin8.; he wa.s ahnost . fight bappened it needed up around - just wrapped around his an- while the

histhighs. So.-.
You said a blanket? Blattket or some type of sheet or something'
OkaY

753 Q: 754 755 A:


756 758

"

757 Q: 759 A:
760

...to that..complete Um, okay. And, uh, I think you spoke earlier. You - you did, uh, would some Berkeley potic" Department utr, documentation. What -what have been those documentations you did?

T6l e: 762 -53


,:4

2A4

TNTERVIEW WITH SCr. (BEN) CARDOZA Interviewer: Sgt' Hong

.9i;'J;'r'll-83ifi
Page

l8

765
766 767 769

A:

I completed
log.

a use

of force report for the incident as well

as a,

uh, supervisor's

768

Q:

770
771

And I think one more last question I have is you said that you came to the apartment with Sergeant (Phinip$. You recall Officer Mathis, Officer Brown, *a Offrr"r TIr to the best of your recollection. Can you tell us any other officers who were on scene, uh, inside or outside the apartment?

772 774 776

773 775
778
780 787 783

A:
Q:

At thatpoint?

At.,.
At any...
...eny time that you were there prior to leaving the entire, uh, incident scene. What other officers to your recollection was there? so the entire

777 Ql:
779 782
nq{
Q:

A:
Q:

after leaving the entire scenb

f'

finishing the incident or. "

Dur- duringthe time tlrat you were there at- at the aparftnent complex...
Okay.

-'5 786
787 759 790

A;

788 Q:
791
792
793

...inside the apartment, outside the complex do you recall gther officers muy huve showed up to assist in whatever fashion?

which other

A:

794 795 796

Officer (Cassinor) was there. OfEcer (Gardner) was there. I - I saw Officer him Gr,fO there. t donot recall seeing him outside- I remember seeing Officer outsiAe the building. He may have been inside earlier. Um, all I (Macintosh). y- uh, iiti ti'-*i*rl was the tD tech. tud I thinkthat;s can recall.
other sergeant Okay. Otherthan yourself and Sergeant (Phillips) was there any ranked, uh, offrcer there?
Sergeant (Ross) was there but never inside the apartment building.

7e7
798 799
801

Q:

800 A:
802
Q:
803 804

or sefge4nt Okay. Was there any other ranking officer there other than officer on scene?

805
806

A:

No.

"07 Q: - -J8 80e Q2

(Jnintelligible).
No, thank You,

245

CARDOZA INTERVTEW WITH SGT. (BEN) Interviower: Sgt' Hong 02-13-13/8:09 Pm Case# 2013-08510

'

Pagc

19

810

81I
812
813

Q:

we may heve missed Qr you Is there anything you'd like to add thar - that um, w- valuable for us to hear? ilri* it, uf, -

"t

814 815 816


817

A:
Q:

No.

Allright'EndoftheinterviewwithSergeantCardoza'Itis2038hours.
an accurate wittrthe audio reiording submitted and itis

3|} Thistanscript 820 hanscriPtion. 821 siered

has beenreviewed

i-..:;r:li,--.'r

:\l
I I

246