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BERKELEY POLICE DEP-ARTI\,{ENI

CASE NO.

DATE
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(PRJNT)

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STATEMENT TO INVOLVED OFFICER:

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{#T,
your attotney,

Bfva- ?Fxi uq F1you are

b.i"g teptesented

hete at this interviern by

L2 1?

You ate not in custody and you ate free to


(PRrNl)

-.

conclude the intersiew at any time. You are not obligated to answer any questions.
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Any ansurets you do glve may be usedin

court of law. Having thisin

miri{ do you

wish to voluntatiiy proceed with the intewiew?

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Ail.rtEEL
OFFICEE N8ME

frhwt$

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INVESTIGATOR NAIdE

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28s

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INTERVTEW WITH SOT. (AMBER) PHILLIPS Interviewer: Sgt. Hong

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02-1418:20 pm
Case # 2013-08510

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INTERVIEW TITTH SGT. (AMBER) PHILLPS A=Sgt. Hong el=Ofc. Jesse Grana A=Sgt (Amber) Phillips Al=(Harry) Stern

Q: Ql: A: A1: Q: A: Q: A: Q: A: Q: A:

AII right Febnrary 14th, 2020 hours. Interview with Sergeant (Amber) Phillipq. {.Ih,I am Sergeant Hong, H-O-N-G.
Officer Jesse Cnant, J-E-S-S-E, GR-A-N-T.
Sergeant (Ambe$

Phillips,last name P-H-I-LL'L-P-S.

I'm(Harry) Stem, S-T-E-R-N. tlh, Sergeant Phillips, uh, you are - you're, uh, you're rank of sergeant. Your
badge number please? S-17.

Okay and what was your hire date with Berkeley Police?

Julylthinks-6orsomething2004. Julyof2004.
Okay do you have any prior law enforcement experience?

No. Which patrol operations team do you work?


Team four.

Q: 4l 42 A: 1.

What are your nornal days worked and normal hours worked?

Mondaythrough Thursday 2030 to 0630

hqu$-

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INTERVIEW WITH SGT. (AMBER) PHILLIPS

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Q: A: Q: A:

O- uh, and when we speak of the date of incident we're speaking of February 12th wi- w- which was a Tuesday and the time of report was somewhffe between 1l:30 and midnight?
Yeah.

All right 1l:30 pm and midnight.


your shift on TuesdaY the l2thJ

So, uh, what was your call sign during, uh,

Call sign was S as - as in Sam 17- So S-17.


Okay and your area of responsibility as S-17?
LIh,

just patrol p- um, super- patrol supervisor, uh, in charge of team four'

58

Got

it.

And You're citY wide?

CitY wide.

Okay. Uh, who was your commanding officer a- during this shift? tieutenant Files' Okay. Is he - is Lieutenarrt Files, F-I-L-E-S, is he your normal commanding officer?
Yes.

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And he is - is lieutenant basically the Watch Commander conect?


Correct.

Okay. Prior to the Tuesday shift, um, what sh- what - what was the last shift You worked Prior to TuesdaY shift?

lJh,theMondayshiftstarting at2030hours'
Okay. Do you hold any secondary jobs?
No. Prior to Tuesday's shift did you, uh, work any overtime? No.

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INTERYIEW WITH SGT. (AMBER) PHILI.IPS

lnterviewer: Sgt. Hong 02-1418:20 pm Case#2013-08510


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Okay. Um, had you taken any medication during this period? Prescription or
otherwise.

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Q:

Uh, prescnptlon. lJh, um, can you say what..,

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And so I would...
...uh... ...r:h, the only thing I would ask her, uh, or ask that she'd answer the question

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only if it's, uh, a prescription medication that would affect her ability to perceive, react, or affect her memory. So is it any of those categories?

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No it was not.
Okay other than that I instuct.her not to answer the question. Got it, accepted okay. Uh, ha- have you consurned any alcohol intiie past 24
hours?

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No. Do you have any medical conditions? No. Uh, prior to Tuesday's shift, uh, or just before Tuesday's shift, uh, when was the last time you slep and how long and between what hours?

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It would've been Tuesday morning from about - I'd say maybe 8:00 or 8:30 am - it's probably about 8:30 am to 2:00 or e- 1400. It's pretty sporadic. I'd say it's pro- maybe five hours I get during the day.
Okay - okay. Now when I speak of the incident we're talkin'about the incident, uh, that occurrod on Tuesday the 12th, uh, that occurred at, uh, 21 16 A}lston Way in Apartrnent 514 okay. Uh, did you swtain any injurias during this incident? No.
Excuse me. Do you wear corrective eye glasses or contact lenses?

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No.

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INTERVTEW WITH SCT. (AMBER) PHILLIPS Inte.viewer: Sgt. Hong

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AII right. Starting from your, uh, front belt buckle going clockwise could you describe what duty gear is on your duty belt? Mmm clockwise oh, from my belt buckle I think it's - I've got my keys, uh, department keys. Then I have my firearm. Urn, a keeper with a set of handcuffs attached. Then it's ffiy, OC pepper spray. Then i have, uh, handcuffs case with a pair of handcuffs in the back. Mmm, sorry (unintelligible) over here. Maga- oh flashlight,magazine pouch and ttren just a, uh, key rihg holder whatever that is. Couple keepers in between and that's it.

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Okay. Did your duty belt or dlty gear sustain any damage?
No.

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Okay. Utu what vehicle make and model were you driving dur- driving during Tuesday's shift? I wa.s driving, uh, a marked, uh, patuol vehicle nurnber 1745 and ifs a BPD marked patrol vehicle. Marked also with a supervisor so it's a supervisor car. It's a Ford Crown Vic.
Got

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And it has emergency equipment?

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Mm-hm.

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All risht.
Emergency lights.

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Do you normally drive this particular vehicle? Uh, yeah fairly regularly.

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Ok y. And are you a singig uh, fr, car or are you apaired offrcer
$ingle.

car?

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-

tire,

Okay. Okay so you've, uh, prepared a supplemental report do- documeuting uh incident

correct?

Correct.

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And prior to your submission could you just, uh, read it for us please?

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INTERVIEW WITH SGT. (AMBER) PHILLPS

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Interviewer: SgL Hong


02-1418:20 pm
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Yeah. on February 13th, 2013 at about 0030 hotus I responded to2216 Allston Way, Apartment 514 because officers were reguesting code tlree cover. I arrived on scene with Sergeant cardo- (Cardpza) about 0033 hours and we had both entered the apart e- apartment four - 514 together. When I entered the apartment I saw Officer (To), Officer (Brown) (unintelligible) Officer (To) tadge 38, Officer (Brown) nuniber 16, Officer (Gardner) 1?l and officer (Mathi$ number 80 attempting to reskain an individual on a mattress who ou the floor of the fiving room ar"u. Th" person they were restaining was later identified as (Moore) was lying on his stomach with his hands cuffed behind his back. (Moore) was violently kicking at officers. Patticularly Offic- Officer (Mathis) who was attempting to 93- garn control of his feet. Sergeant (Cardoza) deployed the WIAP nesr{f pe1i3.9 anf.t provided the-ankle strap to Offiier (Mathis) who secured (Moorb)'s ankles' bffi."r, did not attempt to place the leg aud chest pieces of the_WRAP 350 plus Restraint Device on (Moore) due to hi.s large size, approxirnatglY and viaradio dispatch pourids. At about 0034 hours I contacted BPD irq*"t"d that BFD respond to our location with a gurney. I requested the gUrney,because it Was apparent that offlcers would be unable to move or lift apartment was on the [f"fo"i"l do hi- due to his targe Size especially since his fifth floor. Once (Moore) calmed down offtcers rolled himon his-left side and offi,cer (Brown) confirmid he was breathing and had a pulse.^Although t although (Moore) was breathing it appeared he rvas having difficulty. advisei BPD dispatch that we would also need BFD paramedics because (Brown) was having difficulty breathing. At around 0041 hours officer nothave a i3**"inoticed tlrt (tvtoo*) \ryas nr longer_breathing pd did breathing pJ*. At tlis time I advised BPD dispatch that (Moore) was not rernoved the and that offrcers would be starting CPR. Officers immediateiy gave (To) ofEcer handcuffs from (Moore). and placed him on his back. (Moore) chest compre$io* until BFD arrived on scene.and took over. oirce (Uoor"iwas transported to Alta Bates Hospital by BTD Iassisted Sergeant Sergeant cariC*aoi") in managing the scene and did-the following. Uh, me -- to AIta tCrrao*i and I diricted Offroer (To) to followBFD -- excuse ilut"* ftospital to get an update on (Moore)'s condition. t then directed, uh, Allston Offi.cer ltriacintostr) to conduct a canvas of the fifth floor or 21 16 way to determine if any neighbors had contact with (Moore) prior to our I directed Officer (Castenmiller) to take a written statement from jail (Sterling). I contacted Officer (Smrth) via phone while ]re w-as in the BPD at about 0204 and direited him.to take a written statement from (Haze) and and I was supewisor as being scene hours Sergeant (Cardoza) took over the released from the scene.
.

*ira.

Q:

broadcast, Okay thank you. Okay so, uh, Sergeant Phillips you hear{ a radio you ildicate in your police report requesting code three cover. Could uh,

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INTERVIEW WITH SGT, (AMBER) PHILLIPS Interviewer: Sgt. Hong 02-14/8:20pm


case # 2013-08510 Page 6

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you tell us, uh, or can you recollect who mad.e that, uh, radio broadcast request and could you speciry if you can, uh, remember what words were used?

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A:

it was offrser (Brown) and she said something to the effect of send us more cover and I could hear screaming in the background. I didnt hear the words code three but the radio kaffic seemed a littii bit choppy but t could ' hear send us more cover, uh, and then sgeaming which i- whai seemed apparent to me that they werb in need of us- of si- assistance.
LIh, i-

Q:

okay and you felt that, uh" they were in need of immediate assistance so you, uh, went, uh, responded in a code three fashion conect?
Yes correct.
So we- where were you coming from?

A:
Q:

A:
Q:

I came from ttre statioa. I was inside my patol vehicle parked in the south lot. Okay. And when you arrived, uh, who did you arrive with again? when I arrived, uh, there were sel,eral police cars there but officer - or sergeant (cardoza) was the one that - we were on scene at the sametime and we went in the elevator at the same time up to the fifth floor.

A:

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Q:

uh, was the front door already, uh, the main door on the ground floor was it
already open or unlocked... Yeah.

A:
Q:

...in order for you to gain entry?

A:

Mm'hm the main door - someone had stuck - I don't know if it was a bench or some - some sortof object in the doorway so it was open for us to get in. Okay. And you took'- it was just the two of you? You and Sergeant
(Cardoza) went upstairs?

Q:

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A:

Yeah, uh, we took the elevator.

f'm sony, you took the elevator up,..


A:
Q:
Yeah. ...to tlre

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fifth floor to Apartment

514?

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TNTERVIEW WITH SGT' (AMBER) PHILLPS

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A:
Q:

Mm-hm.

Okay. When you arrived at Apartrn ent 5L4 before, uh, looking inside, uh, what was the general description of your sunoundings? you go in, uh, wtren I ca- when we came in off the eleyator I immediately saw a black male standing on the comer like a couple doors doWn from -, from the apartment. I figured he was either qomebody that knew or he was a neighbor that was just waiting. I just - I just happened to notice'cause he seemed to be the ouly one really standing by just not moving. Uh, and it - it - ifs a - it's like a - shaped like square on the inside b-ut it's got a I - the lob- I don't know what the lobby or whatever you call it in the middle. So it's five fl'five levels,,um, almost like tiers of aparbnent - aparhnents that are all on in a circular or kind of sunounding. Um, I didn't see - I didn't notice really anybody else. I didn't see any other offtcers and so I knew - I could see that the door was open oflce I carne out of the elevator that the front door was, tr, w- that was the only door that looked open to me. So I assrmred that was the aparfinent
So when you go - when

A:

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Q:

Okay. So there was no other officers on the landing (unintelligible)...


Not that I recall no.

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Q:

Okay. So you - you see an open door to the aparfinent and when you first look in what is your first observation you see?
Right when you fust walk in, I look in and I can see immediately, uh, I see now I recall it's, uh, I believe five officers and there's 4 uh, I didn't know at the time male or female but a, uh, a - a black person, um, that was laying on their stomach in handcuffs - trvo sets of handcuffs that I recar- uh recall and, uh, there were officers holding like his extremities. Like arms,legs, um, and the person was kicking and I remember that (Mathis) - Ofhcer (Mathis) was the one by tlre feet and the person was kicking the fbet and he, you know, um, and I remember someone saylng get a spit mask, uh with a m- we werc athey were askin'about the WRAP and we were like we have the WRAP. Uh, Sergeant (Cardoza) had - said he had grabbedthe WRAP out of my cal so
when we - we anived we had it with us and we stalted to take the WRAP out ofthe, uh, the bag.

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okay. And (unintelligible), uh, real briefly

so when you - upon entering you

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Yeah.,

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Was he on the ground or any - or was - where - where was he lyrng o,

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INTERVIEW WITH SGT. (AMBER) PHILLIPS lnterviewefl Sgt. Hong

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They were, uh, there was Iike - it looked like fwo probably futon matlresses. Um, I don't know what else you'd call 'em but they werenrt standard matEesses but they were on the floor of the living room area. It's a very - a small aparrnent where it was like a living room kitchen area, um, and the person was on the mattress and all of the officers were as well.

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Okay. And you said he was already handcuffed when you arrived?
Yeah.

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Okay. And you describe, uh, officers, uh, holding down this person by holding down their, uh, ex- uh, arms and legs?
Yeah.

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Did you see any of these officers holding this person down by holding down their head, neck, chest area or stomach area? No I specifically remember - what I did remember was that Offiqer (Brown) was closest to the head and that i- I couldn't see anybody applying any foryou know, pressure or anything to the head but I rememberthat she was closest to the head and the other . the larger male officers rvere holding down - tryin'to hold down the body. Um, arms and legs and the...
Okuy.
...legs were the - and him kicking was the problem.

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portion of the body, do you recall which officers they were?

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Iknow,um, Officer(To) Ibelieve\ryasontheothersidea- s- I-I-Ido


believe he was on the upper body area. I think Officer (Smith) as well and I believe Officer (Gardned and Officer (Mathis) were the two tryin' to - or near the legs at the bottom half of the body.

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Okay. Now yQu're saying that this person, uh, was kicking?
Yeah.

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All right. And you're talking kickiug,


Yeah.'

slashing, uh, uh, at the officers is that...

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Case# 2013-08510

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...correct? okay, And you said offrcer (Mathis) - what was officer (Mathis) doin'again?
He was tryrng to hold dovrn the legs and I remember the, uh, the subject was kicking and he yelled, "Give me the ankle" - we were takin'the wRAp out and he says, "Give me the a- we need to - we need to secure the ankles.,, And so I handed him the arikle ttring and he rwapped the - his arkles and that obviously stopped the kicking,

A:

,Q:

oh good. okay so the a- uh, the thing you're refening to is a shap that is part of ttre WRAP Device correct?
Right correct. And - and he - and of,Ecer (Mathis) used that ro restrain the - what pafi af the Iegs ofthe - the subject?
Just the - both ankles, ffii; had the'I believe the ankles were crossed and he used the - the device to - used the velcro and - and - and - and restrain him.

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Before we go further can you best of your recollection describe this person? il[saning height, weight, stature etcetera.

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I could tell and I - again I could.n-t tell if it 1ryas a male or female I could te- I could see that there appeared to be long braids. um, and I remember asking officer (Brown) is it a male or a femalE? The body type, um, it - it was - I could tEll it was a b- a person that was African Americau, black Um, and the person looked - they probably weighed I would say somewhere between 350 - 380 pounds. um; and from the body type and from the back - and the person was nude. Um, I - ttrere might,ve been a piece of clothing close to the ankle area; um, but for the most part the whole back area and the - and the - and the butt area was exposed andi could see that there the - that he was nude. um, and I asked officer (Brown) i- is - is it male or female. I know that wasn't : for me it was in rny mind. It's just - I don't know who we're dealing with and - or what we're dealing with and if it is female there's other, you know, factors that could be at play. so I asked and then she told me it's a male but it was a, uh, pre-op transgender or transsexual or somethin' like that and I said okay. And that's when I - I recognizecl who - I knew who it was. I knew exactly who it was.
From what
because
.

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Okay. Now, uh, while you're observing the officers tryin'to keep, uh,l\rlr. (Moore) - we're gonna refer to...
Yeah.

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INTERVIEW WITH SGT, (AMBER) PHILLIPS

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..,this person as

Mr. (Moore). His name is (Xavier Moore).

A:
Q:

Right.

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While the officers are tryin'to keep him conholied, uh, did you at - did you feel that the officers had control or they were having a diflicult time with Mr. (Moore)?
In the beginning they were having difficulty, uh, a lot of difficulty. And then once, uh, Officer (Mathis) put the ankle resfraints on, um, he slowly started to calm down. Thelz were asking for a spit mask and I was tryin' to put it out on the radio to make sure that we got that. Urn, I didn't notice ifhe was spitting or not. I just know they were sayrng get us a spit rnask s- and I was - got on the radio and said next person up needs to bring us a spit mask. Um, so I figured he - I - they were still actively stuggliug and then, um, it seemed like maybe a minute or so - two and, uh, Mr. (Moore) just, uh, stopped - slowly just started to caLn stopped resisting. You know, it - it just seemed like he down and just lay there.

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okay. so between the time that, uh, the ankle, uh, resfiaints were placed

on

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him and there's a minute timeframe where he slowly started to calm do1n just prior to that, between the time you entered to the prior time - to just prior io ti* cakning down, was he saying anything? Was he screaming anything
do you recall?

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I don't recall there being screarning or - or - or, uh, yelling at that point. Um, I remember officers saying like stop move - stop resisting, stop moving kinda thing. Uh, he was movin'around and they were just - th.{ co- they were having a hard time contolling him and everyone tried to figure out where to go with the large indi- naked individual. You know, itwas - it was - they were definitelystnrggling. I can't leme- I don't recall screaming - him screaming or saying anything, umn at that point.

Q:

Okay.
At the time I was...
Was

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Q:

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it apparent at that point that he was breathing?

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Q:

...yes.

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Okay. Utr, during that period of time was he complaining ofpain.of any sort in any or utking for a anrbulance or saying he couldn't breath or verbalizing way that he was having physical problems?

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INTERVTEW WITH SGT. (AMBER) PHILLPS Intewiewer: S$. Hong


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A:

No not - not at any time when I was there did he ever' I,ike I said say anything, ask for help, say he couldn't breath, say that anybody was on his .back or anything like that. He nev- that never came out
Okay.

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And, you know, we have that happen all ttre time andnothing - he never said any of that. Uh, and then he, uh, slowly started calming down now yousaid and once he did - he eventually did calm down? Mm-hm.

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Okay. And once, uh, he's now ca- um, calmed down, ufr, w- what happened now as - as he's now calm?
Once he calms down i- it's - I - at some point I think Officer (Castenmiller) came in - other officers - it was like - it was - it was obvious that no - we no longer needed five offrcers I think. I don't know how the decision was inade but-I know Offrcer (To) I re- I - I saw that he was sweating and appeared to be, you know, kind ofout ofbreath and I - he asked - he said, "Do you guys havi itt Is it okay if, you know, can I just take a break for a second?' And I
said go outside.

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Nftn-hm.

A:

Um, take a breath. I couldn't tell - I, you know, was worried about him being injured or, you know, just - he seemed exhausted. So I sent him outside. Um, *a t . 'cause I knew at that point I believe Offrcer (Castenmiller) was there but he wasn't the, uh, Ivfr. Miller w- Moore, e[cuse me, was.no longer

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fighting So it was just kind of - offi.cers were sitting there withthe hands on triLsuit in case. Um, but tliere really wasn't any, uh, an$hing, you know, there wasn't any resisting going on. And then at some point o- officer (Gardner) and (Mathis) I believe leave, um, aud I think Officer - Offiaer (Io) I know for sure comes back and I remember that's when, 14, (Gwen) or Officer (Broram) says, you know, looks over and like is he breathing? And I look and i said ishe breathing s* [ mean is his chest moving? Um, he was laying on his
left side at this point and the officers againwere just waiting - we were waitin' for BFD the whole time. IIh...
Uh, when he was calmed down he was just laying there and you guys were

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On his left

s...
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INTERVIEW WITH SGT. (AMBER) PHILLIPS


Interviewer: Sgt. Hong
02-1418:20 pm
Case # 20 13-085 I 0

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...holding or just placing your hands and holding him... ...mm-hnr.

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..,still? At - was there any officer sitting or laying on top of or pushing dorvn on the parts of Mr. (Moore)'s head and neck, chest, stomach or any of those areas ofthe body?
No. Okay.

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And in fact I could see his fa- profile now, You know, he was layrng completing on his left side- Offrcer.(Brown) was near his head and I could see, you know, see his face and I knew I recognized him- Um, and that was, you know, we were just waiting. It was just waiting and no one was applyrng
any pressure

Q:

-r

13

Okay. So wa- when you looked to still breafhing corect? When...

see

if

he was breathing he was at that point

514
515 516 Yeah so - yeah so Offioer (Brown) like I said, you know,looks and says a- is he breathing? And I look over and, uh, she says (Xavier), You know, uh, then she kinda shakes him and at that point I see his chest move and I - he t- he trloves his head and he looks u- like he opened his eyes 'cause I think his eyes were closed before that. LIh, and so then I go- I said he's breathing md, uh, I'd say maybe less thdn a minute is when he stopped breathing but I - the radio traffi.c went out, uh, BF- or dispatch says - asks me, "Do you just need a gurney or you need medical?" And I said, uh, we're goirna need medical' He's - he's having difficulty brea&ing.

5t7
518

sl9
520

s2t
s22
523

524 525

Okay. tnitiaily you asked just for a gumey?

s26
527

A:
Q:

r did. Okay all right.

'529
529

530
531

A:

s32
s33

534

r5

r36
537

I said code three but my - my reasoning behirul that was, um, one? I - there was no way rrye wero gonna be able to move him; uh, two, I waflted paramedics there in case something went wrong because we wre dealing with a - * v- we weren't - w- the officers weren't gonna be able to piOk him. We're on the fifth floor - an apailment and [ figured if there was ary medical attentibn needed, the fire department would be there. Unr, and that, you know, the gumey was gorura be the only safe way to gst a- to get him out of

301

INTERVIEW WITH SGT. (AMBER) PHILLiPS


Intervicwer: Sgt. Hong

c-#;fl5:3tT
Page 13

538 539 54A 541 542 544 Q: 545


546 s48
543

there. Um, so I also made the asstlmption that no matter what BFD was come
.

- was - was gonna come with medical. So I didn't thirk that that question, you know what - I didn't know that they were gonna ask me that question. assumed they were gonna come code tlree like I requested, wn, and tlrat

would include, uh, an ambulance and an engine, um...

Okay. So wa- but when you, uh who first noticedhim - that Mr. (Moore) stopped breathing do yourecall?

547 A:

Ithink itwas Officer iBrown),


Okay. Or w- when he stopped.breathing?

549 Q: 551 A:
s50

553 Q: 554 555 A: 556 57 --i8


-

552

Whenhe stopped breathing.

it was - it was - it had happened really quickly &or:r the time he was breathing to not breathing. I - she might've said it and I know that at some point I said I don't think he's breathing. So somewhere in between 30 seconds to a minute, uh, boih of us noticed that...
Yeah O... ...and...

560 Q: s61 562 A:


563 565

5s9

564 Q:
566 A:

..okay.
...she started, you know, yelling his name and, uh, you know, we tried to roll him o- I was like take offthe handcuffs and they rolled him on his back.

SG7 569 Q: 57A STL 572 573 A: 574 575


568 576 s78

Okay so - and then when you - when you noticed that he wastr't breathing was it you that made that ra- radio broadcast for emergency medical because - and you verbalize on the tadio that no longer was this person breatlring? subject is no longer - is - subject is not breathing. I don't know if I i don't think I said he didnt have a pulse. I think I said s- subject is not 'We're starting CPR. breathing.

I said,

u[

577 Q:
'0

Got it okaY. Uh...

579 A:

'-'dl Q:
582

And - and you order officers to remove the handcuffs?

302

INTERVIEW WITH SGT. (AMBER) PHILLIPS Itrterviewerr Sgt. Hong


02-14/8:20 pm
Case # 2013-08510 Page 14

583

Yeah.

584
585 Q:

Okay. Uh, then did that occur?


Yeah.
,l

s86
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A:
Q:

588

589
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Okay. They took'em off right away.

A:
Q:

592
s93

s94
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All right andonce the handcuffs were removed what' what did you do positioning of Mr. (l\4oore) at that point?
They, uh, tolled him completely on his back and, uh, Offtcer (Brown) wasby his head. Officer (To) irirmediately started chest compressions and then, uh, officer (castenmiller) was, um, I tbink on the - toward - by the bottom half kinda by his tegs just, you know, standing by because I asked, uh, I had asked

596
597

A:

598 s99 600


601

I
Uv3

(To) - he stafed swe- you know, it - it was a lot of work for him aud then I rrid ao you neod to switch out? And I was askin'him if he needed him to - to (CastennoiUer) to switch out and he just continued rmtil, uh, BFD arrived. So they never switched but (castenmiller) was there just providhg, you know,
support in case he needed to... Q:

6A4 605

606
607

Okay. Um, uh,,so eveutrally paramedics came?


Mm-hm.

608 609 610


611

A:
Q:

Okay. And, uh, just briefly describe - they came in and they worked on Mr. (Moore) cortect?
Yeatr so they cr they c- they came in, um, officers, you know, were told to to get out - it's u really small space and so they all - tlrey alt came out. I think,

612 613

6t4
615

616
617

618 619 620

62t
622 623 624
I

um] probably Officer(Brown)'aad I end maybe Officer (To) were still inthere and they were askin' questions about name and - and - and medical history and much information as we could. They started, ul1, we were tryin' to give 'em "* machine on him right away and they started they put &at ihest "oorpression ha*ng that manually do, uh, chest compressions. Um, then we were nyin'to give as much information as possible and, um, letting them know that we bwe knew tlrat he had a drug hirtoty. I-J11, 'cause they were asking us is he under the irflUeirce of dnrgs or alcohol? I didn't - atthe time dida't knowif anything - if he was under the influence of alcohol at all but I told them that

b26
627

I taked io'ifie.griythat was, uh that was his friend. He saiil he was his caretakrir. And h" told me thut hr, um,,usssrntdth'-hE"usEs'*i6roiill+mo"kes w.eed ii,ird'dliitlrserlaohol and that he usually drixlcstiu'aregular'.basis::"And

he hasB_1{*g-his!-o.Iy:pfr,uh;-dni'$:'ds6otiiliisEOlriiu:.-ct"afk

'

I virent outside

and

so

303

TNTERVIEW WITH SGT, (AMBER) PHILLPS

"'-*'"ti]ii,T;#"#
Case # 2013-08510

Page

15

fia
631

628 629

I went back - ran back and told BFD - BFD that. And then I helped them, you know, they took everything basically almost - all the mattresses and everything out of the living room, put that in the bathroom area 'cause they didn't have enough space to work.

632
633

Okay. Where d- where were those mattresses in relatiotr.'. A:


Q:
Th,.. ...to the apartment how it's set uP?

634 635
63i,6

637
638

639 640 641 642 643 644

A:

@5 646 -47
+8

directiy in, there's a bathroom on the teft. And to the left there's a tittle hali closet to the left as well, next to the bathroom, And you walk - when you walk straight, um, right down that hallway the - the mathesses were right on the floor and it would be a c- a - it 1as across from .the kitchen area, um, and they were in the comer. And tiren there was like a little bedroom behind I guess that living area. Um, I didn't notice if thqre's - it was open but I don't know if there's a door or not. But it was just 'they were laying on the - the mathesses WerB laying on th.e corner, uh, on the floor in the
...so when you walk

comer. Q:

649 6s0 651

Okay. And, urn, uh, eventually the paramedics leave Inith Mr. (Moore)'..
Mm-hm.

A:
Q:

652 653 654 655 656


657

working wi- on him? Okay. Once the paramedics are leaving was therg anofEt"t uttiptd to, uho e': to ascomPany the paramedics?
...as they're

A:

658 659 660 661 662. 663

N- uh, not right away and then, uh, sergeant (cardoza) was - spoke to officer (Brown) *d Offi..t (To) and was like, you know, tryin' to determine who was handling the case and Officer (Brown) said itwas her.case. So then he told Officer (To; you, - you go - somebody needed to go with the ambulance. So Offrcer (To) was sent with the anrbulance and Officer (Brown) I believe was sent 1019. Came back to the station to write a report' Okay. So I'11 ask this at this point, who - who has been - who was desigrrated - upon your e- your arrival and offier - or sergeant (cardoza)'s arrival together, uh, who assumed Sceae supervising, uh, uh, role?
That wasn't assumed until after BFD had taken - tra- transported, uh, Mr.

Q:

664 66s 666


667 668

A:

(Moore).
Q:

669

-"0

Mm-hm.

-/l

304

rNrERViEw wrrH

scr (AMi??:llil,H::

*#'"'1l3gf'T
672 673 674 A: And Sergearrt (Cardoza) seemed the role as - assumed supervisor when, uh, Offrcer (Brown) was assigned as the handling officer,

67s 676 677 678


6'19

Q:

. Okay. So Officer ffo) is now accompanying the fire paramedics to the


hospital?

A:
Q:

Yeah.

680
681

Okay all right. So once, uh, the paramedics have taken Mr. (Moore), uh, what was your role, uh, while you were there with, uh, with Sergeant (Cardoza)?

682
683

A:

684 685 686 687 688 689 6e0 691


<92

I, uh, just assisted. I - I - I knew that it was gonna be important for us to start getting statements ftom people and there were a lo- therc were a iot of neighbors that had come out during the whole inlident. So, um, Officer ma(Mathis) was talkin'to a couple of them. I immediately assigned Offrcer (Castenmiller) tg, uh, get a witten stateme,nt from the, uh,'caretaker. I can't temember what his name is. Uh, (Sterling) - last...
Conect, ...ffrme (Sterling). Conect.

Q:

A:

_)3
697

694 695 696

A:

698 699

704 701 702 703 704 70s 706


7A7

Um, I said I need you to get a written statement lrom him and we need to get, you know, just go over his medical history 'cause he was saying he was the caretaker and - and get some information. So he - he took a written statement from him on scene. Then I - I requested another officer to the scene to - to help with the canvas and that was Officer (Macintosh) and I directed him to knock on every door on the fifth floorthat Officer (Mathis) hadn't already done and just check and see if anybody had anyprior contacts, um, withIvIr. (Moore) before we arrived on scere or if theyknew anything about him basically. Um, and then when I went outside with Sergeant (Cardoza) and Sergeant (Ross) I told ser- car- Sergeant (Cardoza) that, um, I wanted
somebody to swap out with Officer (To). I didnt ttiink that he should be at the hospital. And so I to- I volunteered to go to the hospital just to get Officer (To) back but he s- Sergeant (Cardoza) said he'd go to the hospital and he'd send Officer (To) back to the station to meet with me 'cause I just wanted to

708

709 710

talk to him and check in wittr him.


Q:

7tt
712
vL3
.,15

Okay. So after that you - you simply, uh, you went back to the station?

714

A:

305

TNTERVIEW WITH SOT, (AMBER) PHILLIPS

*,.*oH:iiff;#"#
Case

* ZOt:r+tSf

716 Q:
717

okay. Do you recall when f}re notification of, uh, time of deattr was for Mr(Moore) at the hospital? Do you recall who made the notification and hodd
you find out?

718

720
72t
722
723

7t9

A:

Officer (To) called me while I was still outside of the apartment buildiqg, um,
and said that the doctor at Alta Bates and I don't know the doctor's name -had called the time of death at0l34 hours. And I asked him if he was on'his

way back. I said are you, you know, to come back and he said he was on his
way.

724

726 Q: 728 A:
727 729

725

Okay. Was a technician called at any point (unintelligible)?


Yeah Sergeant (Cardoza) had called a ID tegb uh, I think right after BFD had Ieft sometime and - some - some - at some point he had catled the tD tech. I

730

didn't - I didnt do that but yeah the ID tectr-did showup while we were still
there.

733 Q: 734 735 A: '736 1 Q: >vd 739 740 741 A:


742

731 732

Okay. Do you recall if a tech was sent to the hospital at all?


No I don't - notto my knowledge.

a code three

Okay. Uh, couple questions I - I neglected to ask is when - when you received of, uh, assistance, uh, request on the radio and you were going to 2116 Allston, did youknow what the call was all about?

743 't44
745
?46

I-Ididn'timmediately. Unr, I-Ididn't-I-Iheardthe4l5 comeoutbutl didn't put it together right away uutil I l- I looked at the call as I was going and it just said, uh, 415, um, andl$ftS.0: So in my mind as I was going I was
assuming they were s- they were skuggling with a5.L5-0i Urn, didn't have any idea of the person or the w- you know, the weight or sta- any of that - none of that was - came out or was relevant because I got there pretty quick. I'd say

7st
7s2
753 755 756 7s7

747 748 749 7s0

lessthanaminute. Um, butl -I as- Isawthat it*usu"rlland^I sawttre initial comments of the call w.ag{,Et1fvf,i-s4,5:f5CItt,,I think offhis medication or something like that.
Q:

Okay. And when you arrived aod, uh, the - IvIr, (Moore) was ha- in handcuffs, did you know at that point why Mr. (Moore) was in handcuffs?
No I didn't. Um, I had no idea ye- I didn't know if he was under anest or if it was ri3:15.0"11 I had no idea at that point. I didnt find out until after I think I asked Officer (Brcwn). Um, I believe once BFD was on the sceue I asked her, uh, what was - what was this about? Aod she said he had a $10,000 wanant.

754

A:

75e

758

Q:

Okay. So to your knowledge it was because he had a warant?

306

INTERVIEW WITH SGT. (AMBER) PHILLIPS lnterviewer: Sgt. Hong

,*!i,,13,._1it#

761 762 763 754

A:
Q:

Yeah that they were

tryin'to wrestle in the wanant.

76s
766 767

Okay all right. Okay in your, uh, brief obsenration of Mr. (Moore) can you describe at all what you were, uh, ulL for instance, uh, do - did you believe just based on your brief observatiou of Mr. (IvIoore) do you - did you believe that he r,{a$, uh, under the inlluence of any s- of auything?

768 769 770 771 772


773

A:

I couldn't tell. I di- again I didn't get enongh, you know, to smell alcohol.
Mm-hm'

u[

I wasn't close enough to,

A:

774 775 776 777

778 779 780

And, ur4 by the time - like said, by the time we werethere th- fre - the yelliug and screaming - so there wasn't like any going - or statements goiag on so I didtr't - I didn't really hear much coming from him. Um, an{, uh, the o- by the time I saw, you know, was able to see his - his full face was when the difficrrlty breathing had strted. So I d- there was really no other way to assess him or his...

Q:

't8z
783 784 785 786 787 788 189 790 791 792 793 794 795 796 797 798 799 800
801

Okay. An4 um, during your briet uh, dpring the time upon when you arrived and the time that you rnade all your observations, um, did you at all ' first of all, did you at all touch Mr. (Moore)?
LIh, I did when BFD was giving him - doing - when they took over, t said to them his ankles are reskained. Do you need me (uninte[igible) do you want to take the restaints offi

A:

I/tn-hm.

A:

And they just said yes. And so I rau over and uh, I asked. Offrcer (Castenmiller) to help me out because I had houble picking up his legs by myself aod taking the resfraiht off. So I ended up taking t}e restraint offwhile a- Officer (Castenmiller) was holding his legs for me.
Okay that was the extent of any time you placed your harrds on Mr. (Moore)?

Q:

A:
Q:

Y- y- yeah.
O- okay. Uh, during the time that we- uh, immediately after you arrived during ttre time to the point wtrere he was - Mr. (Moore) was takeuto the hospital, did you at all at any time see any offrcet, uh, on scene, uh, strike Mr. (Moorg) with a open hand or closed fist?

842
p03
T

A:

No not.:.

T0s

307

INTERVIEW WITH SGT. (AMBER) PHILUPS lnteryiewer; SgI. Hong


02-14/8:20 Pm Cas6# 2013-08510 page I 9

806 Q; 807 808 A: 809 810 Q: 811 812 L: 813 8t4 Q: 815 816 A: 817 818 Q: SI9 820 821 A:
823 Q: 824 825 A:
822

Did you...
...4t all.

..,did you Bt all see any officer kick No.

Mr. (Moore) in any way?

Did an- did you see any officer deploy their OC and use it on Mr. (Moore)? No Did you at aay point see any officer use their (unintelligible) baton or ary other blunt object, uh, on Mr. (Moore)?
No.

Okay. Did any, uh, ofEcer discharge a fnearm?


No. Did any o- offic,er use a firearm as a blunt object?
No.

Y27 Q: 828 829 A: 832 834 A: 835 836 837 838 839 Q: 840 841 A: 842
833 843

S31 Q:

830

Okay. Um,uh,intennsofaniviugofEcersonsoenewasyourselfand Sergeant (Cardoza), was there *y oth"r ranking officer on scene?
Sergeant (Ross) was on scene, IFO department. Uh, to'my knowledge he never came up to the fiffh floor and never came inside. I never saw him inside. He was just in frontof the aparftnent building. He - he initially answered up on the radio fi$t asth " as - ai, the supervisorrmil

Mm-hm.
Um, but Sergeant (Cardoza) and were there fust.

I were the first w- we

beat him to the s- we

845 846
8s0

844 Q:

Okay. Who are the - whq - who are the, uh, supervisors working during that during the time of that incidetrt, whicfu t*r, sergeant rank officers were workingwithyou?
Sergeant, uh, from team threE

M8 A: )

And then from team four it

was

it was Sergeant (Ross) dnd Sergeant (Cardoza). myself and Sergeant Huynh, uh, 5-26,

308

INTERVIE* wrrH

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l?i #J;
page20

02-1418:20pm Case # 20t 3-085 I 0

851

Q:

852
853

854 855 8s6 857 858 859 860


861

Okay. Huynh is H-U-Y-N-H-? Okay. And ulL was - okay otherthan yourself, sergeant (cwdoza) and sergeant (Ross) who wasdownstairs and never entered &e aparnnent, was there any other, ulr, rank officer on scene, um, higher than you?
Not that I recall no.

A:
Q:

Okay. Um, you said ttrat you had prior - when you - when you saw Mr. (Moore) you recognized him.
Yeah. Can you

A:

862
863

briefly -.can you tell us how you recognize him and why?

864 86s
866 867 868 869 870
871 ._1,

A:

b--J

874
875

876
877 878 879 880
881

$82
883

884 88s 886 887 888 889 890


891

892
893

894

I believe - I - I don't know how long ago. It was probably less than ayetr ago,,I, uh, responded to a pali with - I know it was Officer (Fleming), OfEcer (To) and there might've been one or two other officers but, uh, we got a call from Mr. (Moore)'s father somewhere on beat 13. Might be like 66th Sheet or so- I can't - I can't recall the address but I know it vras a beat 13. An4 um, Mr. (Moore)'s father was callirg saying that his son, uh, uh, was was acting up and he wanted fu<ll61$?.fliiiirZf,m, whenl loton scene I - I showed rrp as the scene supervisor. I wasn't requested. I had just - [ showed up at the call to see if - bause they - I noticed officer had been there for awhile, to see if they needed any help. And when I got there, uh, officers were speaking with, utU litr. (Moore)'s father q/ho was adsmant about us taking him for a[5d5.0;egaJustion because he was upset. He was * he said his son was drunk and using drugs and he didn't want him at his house anymore. And I spent a lot of time explaining to, uh, his &tler that, you know, udess we would do the evaluation but unless he fits the criteriawe can't just force him to go on ArSl-[Q1rSo dad was - he was kind of upset with that. Um, but I then made contact witll I\,Ir. (Moore) inside the house and when I di4 he - I want to say he ' he - well he called me (Michelle). I don't know if he ttrought I was, uh, another, you know, a former police sergeant or not but he kept calling me by the nasre (Michelle) and he was like I remember you. Do you remember me? And I di- tom my knowledge I couldn't rememher that I'd ever had conlact wi& him before. [Ih, and so we talked. I - I spent probably I want to say close to 45 minutes talking to Mr. (Moore) and it got to a poiut or him finally agreeing to go to the hospital. IJm, we were - I think we ehded up doing a voluutary-5ffiQ) I'm not sure if we filled out the green sheet but it was a - I - basically he ended up agreeing to go. And it took m- I spent 45 minutes trying to - to talk to him and (unintelligible) that he needed to go. Um, before he went to the hospital, you know, I asked hin - I could tell he had been under the influence of alcohol. When he got up, um, to - I went to search him. I located - I ftink at least fluee empty bottles of uh, vodka - fifth - a fifth of vvodka bqttles hidden in ttre couch, undemeath the couch. Ulr, one was hidden
Yeah, um,

309

INTERVIEW WITH SGT, (AMBER) PHILLIPS

,"*"ffi:i;,tl,H"#
Case

# 2013-08i10
Page

2l

896
897 898

899 900
901

902
903

in his bag that was with him. And I also located two - I believe one or two crack pipes in his bag, um, before he left. And so he admiued to me at that time that he had been drinking alcohol but he didn't - he told me he hadn't smoked crack, uh, that day. So the dad had, you know, had told us . debriefed us that he has, you know, an-lssue=rmith-atreohol'.an&drrrys and that it's an ongoing everyday, uh, struggle and, you know, so we had that whole conversation, So we spetrt a lot of time with the family aad mom showed up later and ultimately it - it ended peacefully and he enrled up goit'to the

904
905 906 907 908 909 910

hospital, Uh but I - I - I specffically remember him because he looks like a L - a - awofiran. He has, you know, braids in hair and he was dressed like a w+. in woman's clothing- Um, but that his nalnq was (Xavier) and I'm prtty s.ure he goes by the name (Xavier). I cant - I can't remember. But it was... Q:
That was the one tirne-..

9ll
912
913

Thatwas...
...then?

914

et5
6
9-17

A:
Q:

...the one time yeah.

918

919 924
921

Okay. And - and did you know at the, ub, when you walked in did you - when yourecognize him - you reco- you remembered he was - he had these, uh, mental health issues...
Yeah. ...on tlre scene? Okay all

922 923 924 925 926


927

right.

LIIL uh, do

you have anydring?

Ql:

(Amber) when you first came in and you describe that you saw him face down, uh, on the bed and he's still resisting, do you re,lnember t}e position that his face was ia in relation tp the bed?

928 929
930
931

A:

932
933

934 935 936


937 q3g 9 g+o

I couldntt see his face because there were so - there were so maay officers but it was - he was - he was on his stomach. I can't say that his face was like in thp mathrcss or anything. I could see,that his hair - i' i- it's possible his face was turned to the side, um, and that officers were just tryihg to hold hitrt. I - I - I do - I remember someone asking for the spit rrrisk and thinking is he spitting? So I remember knowing that his - I don't think they had control *lat nis fa- you know what I mean? They dida't have him face down because I remember thinking they're trying to keep him from spitting at people. Um, but I couldn't see it enough to tell you specifically. Like I di&l get a profile view or anything because, gh, there just were too many officers and his hair was everywhere and I cou[dn't see.

310

INTERVIEW WITH SGT. (AMBER) PHILLIPS iaterviewer: Sgt. Hong 02-1418:20 pm Case# 2013-08510
Page 22

Ql: 943 A:
941,
942 944 946
948

Okay. And then once he was on his side...


Mm-hm.
...could you see his face?
Yeah.

945 Q1:

947 A:

949 Ql: 951 A:


9s0 952 954

Okay.

I saw his profiIe.


It was elear?
It was clear.
Okay. Yeah.

953 Ql:

955 A:
957 Ql: 9s8 959 A:
^{0
9s6

-;1 962
963.
965 967
968

Ql:
A:

tlh,

and then you - you'd mentioned that you called for BFD

initially for the

gumey.

964

Mm-hm.
But then you'd also added something about - and you also knew in addition that, you know, by default gonna be paramedics thffe too. Was that - do you have aconcern about him medically at that point? Did you see something that worried you or was it just - it's nice to have that extra added..'

966 Ql:

969 974 972 973

971

A:

974
975

976 977 978 979 980


981

982 -13

I - I yeah I re- t just flgured, tlm, w- given, you know, his size and condition and thaf heis been fighting with officers that th- there would be a potential concer- health con6em. Um, I didn't know anything about alcohol or drugs if that was a factor at - at dll. I just was given a situation that it ta- it's gonna take five officers to restrain him that tllore was, you know, that there was a potential for - for him to be, you know; a- overly excited and, you know, and I was just - would feel relieved if - having the paramedics there in case he needed any sort of rnedical help. Um, and I requested - when I requested them even though I'd asked for the gurney, I said code three because I wanted them there immediately. One, to [ry and prevent officers from gening i4iured' and frorn the subject from getting injured. So that was the assumption I made that they were coming code three and they were - they wele coming firlly equipped to handle any'sort of medical situation if - if need be'
Thankyou.

-o4

985 Ql:

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TNTERVTEW WITH SCT. (AMBER) PHTLLTPS Interviewer: Sgt. Hong oz't11Y:7o

pi

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Case #

201348510 Page23

99A
991 993

987 A.1; g8g Q:

I don't have any questions.


You have anything else you want to add that we may want to (udntelligible) may be good for us to know?

992 A:

No I thinkthat's

it. I covered it.

ee4 Q:
995

This is the end of the interview sdth Sergeant (Ambefl Phillips. It is 2102 hours.

996

1000 SigIIe{

999

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997

This tanscript has been reviewed with the audio recording submitted and it is an accur4te transcription.

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