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BERKELEY POTICE DEPA,RTMENT

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CASE NO.

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(PFJNQ

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DATE
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J -t L/* /.1
(PRINT}

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77

STATEMENT TO INVOLVED OFFICER:

Ofa..r@
eruNr)

you are being rcpteserrted here at t}is interview by

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your attotney,

tTET l t.J

.

You are rot in custody and you ate &ee to

eulrt

coaclude the intewiew at any time. You are not obligated to answff any questions.

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l.f 76

Any ansvrers you do glve may be used in a corrtt of law- Haviag this tn mirid, do you

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wish to voluntatily ptoceed

u,it}

the intersiew?

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OFFICEBNAME

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24. 25

INVESTIGATOR NAME

P

/fuN+

-1-

3r3

INTERVIEW WITH OFC, GWENDOLYN BROWN
Interviewer: Sgt, Hong 02-1416:17 pm
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u,o,,fffJ?

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7 8 g 10 11 14 15 1,6 17 l3 ?0 .-11
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INTERVIEW WITH OTC. GWENDOLYN BROWN Q=sgt' Hong el=Ofc. Jesse Grant Q2=Harry Stern [=Ofc. Gwendolyn Brown

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Q: Ql: Or' A: Q: A: Q: A: Q: A: Q: A:

It's,uh-Febru4ry 14,l817hours. Interviewwith0fficer(Gwer)Brown,
case

nurrber 13-08510. My nanre is Sergeant Hong, H-O'N-G.

OfEcerJesse GranJ, J-E-S-S-E G-R-A-N-T-

I'm Harry Stem, andthat's spelled, uh, H-A'R-R-Y S-T-E-R-N.

Offi.cerGwendolynBrown, G-W-E-N-D-O'L-Y-NBrown, B-R-O-\MN'
So, Officer Brown, could you state your rank and badge number?

Q: 40 4l A: 42 '3 Q:
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23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

22

Police of6cer badge number 16.

Okay. WhatwasthedateofyourhirewithBPD?
Seven-one-1991.

Do you have any prior law enforcement experiehce?
Yes.

And, uh, with who and length of experience

-

length of service?

Um, Richmond PD, approximately two years. Uh

-

which patol operations team do you work?

Patrol.

Uh, whieh team?
Team

A:

tlree.

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INTERVIEW WITH OFC. GWENDOLYN BROWN
lnterviewer: Sgt. Hong
02-1416:17 pn Case# 2013-08510

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What are the normal days worked and normal hows worked? For team three?

Monday through Thursday, uh, the shift starts at - 1530, ends at 0130. What mea or beal were you assigned to?
Beat four.

Q:

Okay. And, uh, when i say specifically at a panicuiar shift, what we're refenin'to is the date of ineident, which gonna be February 12, Tuesday, and it occured sometime, uh, just before midnight, and what - we're gonna be referring to that shift. Okay, Tuesdaythe l2th, actually. So on, uh, Tuesday the L2th,uh, which beat were you working?
Beat four, Thank

A: Q: A:

you. And, uh, who were your zupervisors during that shift?

Officer, ub, (Cardoza)
(Ross).

*

and, uh

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I'm sorry, Sergeant (Cardoza) and Sergeant

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68 Q: 69 70 A: 72 73 74 75 76 77 78 79 80 81 82
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(Ross). Are they your normal supervisors?
Yes.

7t

Q: A: Q; A: Q: A:

When was the last shift you worked prior to Tuesday evening's shift?

tlh, the Monday shift,
Got
Yes.

it. All right, and it was the same time

frame?

Do you hold any secondary employment? No.

84 Q: 86. A:
85

tlh, did you work any overtime, ul1 prior to Tuesday's shift?
No.

88 Q: I *90 A:

87

Haveyoutakenanymedication? [nrecenttimes?

No.

31S

INTERVIEW WITH OFC, GWENDOLYN BROWN
Interviewer: Sgt. Hong 02-1416:11 pm Case # 201 3-085 l0
Page 3

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9L

Q:

Ask No.

it anyways,

have you consumed any alcohol in the past 24 hours?

A:

96 Q: 97 98 A:
99

Do youhave any medical conditions?

No. Just prior to Tuesday's shift, when was the last time you slept? And how long, and between what hours, if you can recall?
okay, it would have been at Tuesday moming, when I got off. Probably went to bed about 3:30 am, and - woke up probably about 9:00 am. Okay. Did you sustain any injuries druing the incident
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A:

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Q:

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A;

I believe I hyperextended my left thumb, my dght forearm is still a little swollen, and my left shh I'm sorry, right shoulder - is still sore.

lOe

Q:

Okay. Do you wear any conective eye glasses or contact lenses?
No.

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115

A:
Q:

113

Now starting at the, uh, frcnt belt buckle, going clockwise, can you describe what duty gear is on your dutY belt?
I have a keeper, a flashlight, uh - I believe mY 8m, another keeper * handcuffs, another keepei, anotherkeeper urn, my - a second flashlight the, uh, baton. I believe a keeper, then two, uh - my, um, aElmo pouchOkay.

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And my handcuffcase.
Okay.

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A:
Q:

I think I Put that onthere.

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

.

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what vehicle make and model were you driving druing Tuesday's shift?
Uh, vehicle .!701,it's black and white marked rmit, uh, Crowu Victoria.

135

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INTERVIEW WITFI OFC. GWENDOLYN BROWN Interviewer; Sgt Hong
02-14/6:11 pm Case# 2013-08510 Page 4

'L36 Q: 137
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Okay. And what kind of markings and emerger.cy equipment is on this
vehicle?
um - markings on the door, the BPD emblems on - the passengff as vrell as the driver's door. And there's a Berkeley Police printed on the back of the trunk lid'

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tIh, emergency overhead lights, uh, there

Erre,

fii
144

Q:

okay. Do you nonnally drive this particular
For the last two weeks, Yes.

vehicle?

145 A:

147 Q:

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fue you a single ofEcer car or a paired officer car?
Single. The incident - when we refer t9 it.al the incident, it's regcrdin8, {r, the incident that occurred on, uh, Tuesday, the - February 12, time of report being

l4g A: 150 151 Q: LSZ 153 lS4 -5 r-:6 157 158 A:
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2349hours. lncidentlocationis2l16AllstonWay,aparfitent5l4,hthecrty of Berkeley, and the, uh, involved person of interest is Mr. (Xavier) Moore. Okay, so when I refer to Mr. Moore, I mean Mr. (Xavier) Moore. And he's
the person that was

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is deceased. Okay?

Yes,

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168

All right,

um

- you have completed a - you - a preliminary,

uh, police r9port

for this incident, is that correct?
Yes.

164

Okay. And I'm holding it in my hand. It is complete, correct?
Yes. start talking more in detail about the, um - about what happened before the incident, druing the incident, and what happened after the incident. So if you can, uh, tell us, um - um - you heard a radio broadcast regarding a call for service? Is ttrat conect?

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Okay. Good. All right,

so

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wete gonna

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l7s
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I was {unintelligible)...
Regarding this incident?
Yes.
l.

176 Q:

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r/9

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INTERVIEW WITH OFC. GWENDOLYN EROWN Interviewen Sgt. Hong
0?-1416 17 pm Case # 201 3-085 I 0 Page 5

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Okay. Couid you describe that radio broadcast and what inforr.nation you leam*d from that broadcast? I believe it

- it came out as a 415- Between,

ub, roornmates'

Any call detaiis regarding this dispule or 415?
I check my NDT, um, uh, sometbing (unintelligible) refenin' to the roommate was sshizop'hrciriq; gff his meds, and had * kicked the roommat e Well, I

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out, Ibelieve.

Okay. And; uh, this, uh; incident occurred on your beat?
Yes.

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198

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Okay. And you responded to this, uh, broadcast or assignmentl
Yes.

tgg Q: 'l 'Q;

Do you recall who else was assigned this, utt, ulr, broad- who else was assigned this, uh, particular call along with you?

'><'l

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2A3

I believe Officer Smith was assigned
OkaY.

as

the cover officer.

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And Officer Tu attsched himselfto the call.

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All right.
Yes.

So you

arriwd at thrc location?

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When you first arrived, what were yoru observations? lnitial obseruations?

ii:- A:
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217

[rh, the Rp, who was supposed to be waiting outside, was not outside.

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Q: ZIB A:

Okay. Um-whatdidyqudo-whatdid5noudo?

Well,um,OfficerTu-OfficerTupulleduprightbehiudme.
OkaY.

Um...

220 Q:
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221

Zz4

t pgnched in the, uh, number, the apartmerrt number, but didn't get, uh, any respousq. I - contacted, uh, control and asked that they call the RP and have them let us in.

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INTERVIEW WITH OFC. OWENDOLYN BROWN
Interviewer: Sgt. Hong 02-1416117 pm Case# 2013-08510
page 6

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225

Okay. At whatpoint did Officer Smith arrive?
I believe he arrived right after, uh, the

H, ffi. Hayes, who walked up.

Okay. So you asked for radio to, uh, recontact Mr. Hayes,as yau say?
Yes.

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238

H-A-Y-E-S, who was the reporting party" and eveutualln you made contact with him.
Yes.

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242

And was that in the steet or in the apartrneat or in the complex? Right out in front of the complex.

Okay. And so did * do you have a oppotunity
Yes.

to. speak

with Mr. Ilayes?

Aad could you recall vrhat Mr. Hayes told you at that time?

llh, he said that he was the one that called and that, um - his roommate had kicked him out, and that he was schizophrenic, offhis meds, and he needed to
be, uh,5=1'f0l

DidMr. Hayesusethattenn,i5-150?
Yes.

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259 262

Gotit. Okay. Anything-anyfirtherinformationthat-youcanrecall?
he

That

told You?

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That

- well, I asked rvhy did he, rm; kick him out? First I asked was he, uh, a

tenantthere.

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And:he said he was, I asked was his name on the lease? He said yes. And I said, "Well, wtry would your roommate kick you out?" He says, I'Well, he's been drinking and doing drugs all day. And he wanted money to get more drugs aird I told him I didn't have any mon€y, and we argued, and he toldme
to get

out.'I

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INTERVIEW WITH OFC. GWENDOLYN BROWN Interviewen Sgt. Hong
02-1416:17 pm
Case # 2013-08510

PageT

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Got

it.

So eventually,

uffi, uh, he led you to the apartment? Mr. Hayes?

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A:

Yes.

Okay. And you went up to the apartment on the stairs or the elevator? A:
Q:
Elevator,

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Okay. And it was apartment 514, conect?
Yes.

A:
Q:

Okay.

So, um

is T-U, uh, you guys went uP together?

-

and the

f- and you, Officer Smith,

and Officer, uh, Tu, uh,

Tu

A:
Q:

Yes.

Okay.
Closed.

So

when you reached the aparlment, was the door open or door closed?

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A:
Q:

Okay. Um, could you describe the - your surroundings just outside the apartnent? Briefly?

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.A:

Ilh, this is alarge, um, multi-apartmentcomplex. um, we wele onthe fifth floor. And it - its sorta designed iI}- like a rectangle shape, and there's a banister ail the way around the,,um, the floor. And the apartments arethere's a- I gUess average walkway around the entire, uh, square or rectangle with, um, banisters. Urq there's an open * plaza-like area at the - the bottom.
That's about-..

3A2
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Q:

Okay. And is ttre, uh, door to apartment 514 more on whictq uh, side of the building? North, east, west, or south?
More on the north. North side. Okay. So you reached the apartment doot, again, I'm sorry, was the door closed or oPen?
Closed.

304 30s 306
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Q:

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Q:

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Okay.

So what happened

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immediately when youarrived at the door?

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wrrH oFC.

"*,:Hi,?iHrH?H
02-1416:17

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Case # 2013-08510 Page 8

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A:

Wq uh, um, I aske4 uh, Mr. Hayes did he have the keys? He said he did' He unlocksd the, uh, door, opened ii, and I asked.him to step to the side. And at thatpoing I called into, uh, Mr. (Xavier)'
Okay. So, uh, hdr. Hayes unlocked the door aad he opened it for you"'
Mm-hm.
... and

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Q:

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A:

ttroughthe open door, you called out to Mr. Moore. (Xavier) Moore.

324 325 326 327 328 329 330
331

A:
Q:

Yes. Were - at - were you able to see him when the door immediately opened? Or he was - not visible?
FIe was

A:

not visible.
say you called out, what did you say?

okay. when you
A:
I

uh, if you can recall?

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I believe I said, um, "f,Kavier)?" And this person caste to the door and opened it.

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336 337
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Okay. Uh -now could you describe (Xavier) for me' A:
because l.was expecting to about five - seven, five probably uh, Uh, this Was a fair-skinned, uh, gray extensions all had, eighg heavy-set woman, or looked to be a woman, thl way down the back. Was in a, uh, sort of like a tube top animal print and a Was, uh ,"" u

339

*.

- I - initially thought it was not (Xavier),

340 341 342 343 344 345 346
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wap-around skirtthat was also animalpdnt.

Mm-hm. Okay. Um
A:
Q:

- did he have make-up

on or anything?

I dont recall any make-uP. Did he have shoes on? Do You recall? I don't helieve he had shoes on.

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A:
Q:

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Okay, And when he - from now he's met you at the door. You said that he opened the door a little bit fiir'ther?
Yes.

'6

A:
Q:

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358

Okay. Um

-

okay, now what kind of conversation did you have with him?

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INTERVIEW wrrH oFC'

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02-1416t17 Pm Csse # 2013'08510 Page 9

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Jtt
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Q:

was thrown I told him we were there because his roommate called and said he .r,, *O f said, "You wanna tell me whafs going on]r' 1!1d h1's standing at and, uh, he didn't the door, and tre started talking about things aUout the FBI i.rf ,uf., and * and I was, 'W-eU, why don't you feel safe]" . "Y*ll, you*Jou he t"o* fro* the FBI is, and they're - they're following me." And then he -name, othet one was it and Cmol Jart caltin' me different ,u*.t, like Gail and people, and he was I believe Wanda, and - I told him I wasnt - either of those about ;;y*! ,'Yy'ell, I see them right behind you." Aad then he starte{ talkin' as to why, airoru,rr, - so - I kept tryii' to bring him back to the convers-alion you kick your would * urn, we were there, and and I said, "Why - why -,why ,iOh, he's fin' stup1d," and I think he - at one point - or he ,oolmate out?,, crunchy, af-e you goilu at one point called him crunchy. And said, "okay, pointed over to Mr' And, and Isaid, "Who's Crunchy?" A"d

-

|jfttt?';

Hayep And then he started talkin' about the FBI again' And"'

lt

Okay.So-uh,iflmyinterject,,olvq'-Moore,who'satthefg,or'istalkin'
uUout

ruunes as tfr. FBI, not feeiing ,afr, b*iog followed, catling you different

though he recognizes You..-

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380 381

A:
Q:

I\4m-hm.
he was saying these thing-s to ygu, an{ was he at that point while - whiie you wefe tryin'to bring hlm back on track, ,umr or was-he animated, was he agitated, can you describe his demeanor?
.,. dinosaus, et cetera.

was

- while

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383

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A:

very, um, theatrical? Because he had his hands in the doorway, you know"' mf., *O he's - he's just like - kept doing like this, and Sauntering? I don't know, explain this' Pretty much, You know, and."

kinda like

Q;

A:
Q:

Okay. Yeah.
... kept throwing his braids back and"'

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A:
Q:

394 39s 396 397 398 399 400 n0l -*02 403

okay. Theatrica]' okay, okay. And
called him CrunchY, um--.

he was able to see Mr. Hayes, 'cause he

A:

okay. All right, so
A:

the conversation continues in this fashion?

Yes.

'

!22

INTERVIEW wlTH oFC' GWENDOI-YNIR9yN

t"'*''[i:;;fu:,T'#
Case

# 2013-08510

404
4As

Okay. What is Officer Tu
A:

and.

Officer Smith doing at this point?

406
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408 409 410

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officer Tu is standing, um - standing by, um, officer smith is - taking down Mr. Hayes' information and pointing him - um - af - at one noinf - ^ informea me thathe had an outstanding wafratrt. I believe it was $5,000' And probably asked if I wanted it confirmed, and I said yes. And he said it wil} take a little while, because it was a manuai rvarrant, and San Francisco would have to * activate it manually, something to that effect. So once it was confirmed, you know, I told him, "okay, you can take him down- on down to
the station."

4ls
416
417

Q:

Okay. So youlre talkin' about Officer - Officer (Brandou) Smith, who ran a refetence check using his police radio, is that correct?
Yes.

418
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A:
Q:

420

And on Mr. Hayes?
Yes.

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A:
Q:

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431

okay. Uh - uh, and - and officer smith found that lv{r. Hayes had a $5,000 *urr*t and that eventually it got confirmed, and you inshucted Officer Smith that you wanted Mr. Hayes arested for the warrant? Is that correct?
Yes. at this Okay. Um - 81d, uh, did Officer Smith run any inquiries on Mr. Moore point? Or...

A:
Q:

432 433 434 435 436
437

A:

He actually, um, did a check

-

prior to going upstairs'

Mmm.

A:

438
439

440 441 442 443 444 445 t6 -447 448

Officer Uh, he went back to his car. When - when Mr. Smith - ['m sorry. going S#m arrived, he asked, um, what was the name of the person we were he said, "Is his name (Xavier) s- fXavier) Moote?" And I said, io ,'Well, he has a $10,000 warrant out of San Francisco." I "ont*t, ,,r,os.,, He said, just moved from San Francisco'" And said, "Well, this particular individual just to make surc." He went back to the he sajd, "Let me go back to my car, just - we all went car, did something bn the NDT, he came back, and we upstairs. with Mr. Okay.. At this point, in your mindset, while you're on the landing for his warrant the has Moore, lur. frfoor., you're it iot i"g this gentleman,

Q:

anest'

szs

TNTERVIEW WITH OFC. GWENDOLYN BROWN interviews: Sgt, Hong

02-l4l6tl7 pm
Case # 2013-08510 Page I I

449 454 451 452 453 454 455

A:
Q:

Yes. Is that your mindset? Okay. Um, so after, uh, Mr. Hayes'warrant was confirmed, did - uh, did Mr. - did Officer Smith leave with Hayel? Yes.

A:
Q:

4s6
457

458 459 460 461 462 463 464 46s 456 467
,{68

Okay. And r,vhile Officer Smith Ieft with Hayes down the elevator out the building, you were still on the landing speaking with Mr. Moore along with Offrcer (Ken) Tu. Correct?
Yes.

A:
Q:

Okay. So now Officer Smith is now gone with Mr. Hayes, now can you -can you now tell us the story about - tell us exacfly whafs now happening from
there

*

that point forward?

A:

I'm still tacking with NIr. Moore, and - he's - he's becoming a little more theatical, and talking aboutthe FBI, and continuing to call me other names...
LIh,

-.,59 470
471

Ivlm-hm.

472 473 474 475 476 477 478 479 480
481

A:

... of other people.

Mm-hm.

A:

Tu to let him know, um - we'IE and, um - so he moved over to him, know, person You in. going to take this uWell, Itd.. Moore, you have a warrant, and we need to go take care Iod l-.uid, I'No, I don't have a waffant-" And, uh, I said, "Well, of this." And he says, yeah, yoU do, and we need to go down to the station and get it cleared up, and "Well, I need to go inside and call the FBI to get this cleared up.

And I

- at that point, I - looked at Officer

*l'

482 483 484 485 486 487 488 489 490

Hmm.

A:

'ql

I said, "Well, you can use the phone down at the station, but we need to go we need to take care of this." A1d he was like, "No, I'm gonna use the phone here., And I said, "we really need to go, and- and lefs go on down and just get this eJeared up." Ald at that point, I looked at Officer Tu, and he took, u*, oo* of lylr. Moore's hands, and I took the other, and he just - exploded. * start grabbed his hands back like this, and I believe officer Tu had two

-

-

hands,onhim. Q: Mm-hm.

.)2
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02-1416:17 Pm Case# 2013-08510

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A:

And we both And I had one hand, and he literally just pulted us forward. fell on a we and rc ilterarv drug us'into the apartment' matlress that was on the floor.

still

h*gid;;,;a
Mm-hm.

498 499 s00
501

Q:

A:

502
503 5A4 505

506
507

s08 509 510
511

to, um, restlain him- I was able to gel .my cuffs out, him' but' um' able to get onE *a Omr., fu had one hani, *d I him, and we're struggling Irdr. M;;;;b*ied his - Uiu r"*ona arm up undei Atthis stop oring to get -his ur*, *d telling him; "-S1op-resisting' le.,srsting'" looked this,I get like up you _ utfii, p-oint, he,s p"ltid up [kI thil and-when Just sitting there, looking out up, and there was , g.ntfJ*in sitting in a chair. ,,Get ouq;-;i I because I didn't know if he was going to attack - and I said, reasons' So - he complt:d' 1".9:t right up and ,uftry nmt.t ,r, ;d it *as ro, gulted my mic and I called for additional units' door, ,na And we,re still trying to

-

**

"sol

went out the Andthe struggle

512 -13
515

again, "Code.three cover, code Arrd other of6cers responded, aud they helped *ro oor*, iiaitiora of his large size' we end up us get, um, Mr. tvtoor. io ."fft, and - because

**

i-

rtitf irr,

*itr.i

and

* I called

using two sets of cuffs

'14

Q:

Mmrn. And arm free'.and then he prior to tha! um, we lrrrere Pi"g-P get - get his - .'da-y, any more." otuy," fG, "Okny, I'm -1'* - I'm not going tolgsist g*r, and bulking'
he continued kicking And we,re able to get tfr" cuffs on him. But

516

5r7
518 519 520 521

A:

522 523 s24 525 526 527 528 529 530
531

Q:

Okay.

A:

And I believe Sergeant Phillips came"'
Can I intemrPt at this Point?

A:
Q:

Mm-hm. Before we're gonna leave
detail.

offhim.

Just backtrack a little to get a little bit more

s32
533

A:
Q:

Okay.
a warrant, that he needed to go' lt's so you informed it[r. Moore that he had he was under anest? .trar tt ut you were tetling Mr' Moore that

s34
535

i36

--

537

538

A:

Yes,

325

INTERVIEW ltrITH OFC. GWENDOLYN BROWN
Interviewer: Sgt. Hong 02-1416..17 pm Case#2013-08510 Page 13

'

539 540

Q:

s47 542
543

Okay. And Mr. - m- to your - to your, uh, recollection, Mr. Moore understood that you were intendlng on arresting him, is that correct?
Yes.

A:
Q:

544
545

546 s47

s48
549
550
551

Okay. And when he wasnt complying, when you were tyin' to, uh, use verbal judo and get him to comply, he wasn't complying, he wanted to step inside and cali the FBI and clear this up. But eveutually you felt necessary that you guys had to take a hold of Mr. Moore, is that correct?
Yes.

A:
Q:

552
553

All right.
took the

So you

-

said Offlcer (Ken) Tu took one ann and while you while you took the other. Do you recall which arm you took?

-you
so

s54
555

A:
Q:

I was on the side,
Hip

it would have been his right.

556
557

right. Okay. And Officer Tu took his left

558

r9

A:
Q:

Yes,

-,d0
561

562
563

564
565

A:rdthen you- earlier, you motioned where rvhen onbe, uli, you both of you got took a hold of Mr. Moore's arms, he basically flung in a upward motion, and while you were - had grasp ofhis arms, that pulled both you and (I(en) Officer Tutowards his direction, inward towards the apartment- ts that corect?
Yes.

566
567

A:
Q:

568

s69
570 571

Okay. And so - he did so, and - did, um, did he fiy to tum and run inside? Or did he drag you and Officer (Ken) Tu in as he was going backwards into
the apartment?

572
s73 574 57s

A:

Initially, um, we're going backwards into the apartment, and I believe he started to tura sideways, and at that point we fell.
Okay.

576
577
578

A:
Q:

And it was onto the mattress.

579
580
581

Okay. Could you describe this mattoess to the best of your recollection? It was.a twin-size, uh, mattress that was on the floor'

'2 :d3

A:

326

INTERVIEW WITH OFC. GWENDOLYN BROWN Interviewer: Sgt. Hong

a}4ak]j

pi

Page 14

584 Ql

Okay. Though
No.

- was there - bed's - bed, uh, frame or anything like that?

586 A: 587 588 Q: 589 591 A:
5g3 Q: sg4 5g5 A:
592

s85

Okay- So when you said you fell, so Mr. Moore, did he fall on his back, or did he fall on his - on his front?
He

fell more on his stomach, partially sideways.

Oh, okaY'

All right. What...

Because I was on this side of him.

597 Q:

s96

You were on ttre - now his left side. You're describing.

599 A: 600 601 Q: 602 )3 A:
104

598

No,I'm still on the right side of him.
So he's

falliag on his stomach.'.

This way, onto the mattress.

605 Q:

606
608 610

607 A:
6A9 Q:
dl

Mm-hm. Now you're on Mr. Moore's right side.

I

A:

Ih

stilt on the same side I was on on

-

when I was ouiside the - the door.

612

614 615
616
618

613 e:

Gotit. Okay. Gotit. Llhsoyoufell. Washisentirebodyfellonthe matrress? orjusthis,uhmaybefromwaisthigh? canyou-canyoumake...

617 A:

No, his entire bodY.-. His entire bodY- feli.
.-. his entire body So You fellalong

6Lg Q: 620 621 A:
622

fell on the mattress.

623 Q:

with him?

525 A: ,6 -627 Q:

624

Mm-hm. And You're on his right side.

628

gz.

INTERVIEW WITH OFC. GWENDOLYN BROWN Interviewer; SgL Hong
02-14t6:11 pm
Case # 2013-0851 0

Page

15

629 A:
2tr0,
633

Right' Did and - did you
along with the He was

632

e:

-

with You? Before?

- do you - do you remember if of{icer

(Ken) Tu also fell

634 A: 636 Q: 640 Q:

-

we all went down'

635
637

You atl went down' Onto the mattress'

638 A:
539

okay. Gotit. Allright. Um-andlowyouare-youfe-andthenyour
struggle is - you Is that correct?

641, 642 643 644 A;
64s

- y6u and Offircer (Ken) Tu tryrng to handcufflW'
him to get the cuffs on'

Moore?

StiU trying to, uh, resffain

647 ;8 -549 A:
650 652

646 e:

was Got it. And -you said at one point there was one handcuffthat successfully laced on Mr' Moore's wrist Yes.

651Q:Doyourememberwhichwristthatwas?

653 A:
655 e: 657 A:

I believe it was the right one'

6s4

Rightone. Wasityou,then? Thatwasabletotoputthecuffonhirn?

656
658

'
,

Yr*.
Got
uh

659 e: 660 661 662 663 A:
664 566

it.

-

under his - his, And then !ut_f-ou_s-ard that the other hand was butied [s that his chest whi}e Mr. Moore was on top of the, uh, mattress.

conect? Yes'

665Q:ARdwhatwasofficerTudoingatthispoint? _ it' Becarse he's stillHe,s stiil holding at the ne{ d9 th3 traldcufl.on 667 A: 668he'sstillviolentlyresisting.He'skicking,he'sbalking...
669
77

670 Q:

Okay. Um*balking' Meaning"'
his back up up andback um - pretty much I guess you would say flinching

6;; A: 673

andback, uP and back'

328

INTERVIEW WITH OFC. GWENDOLYN BROWN

lnterviewer: Sgt. Hong 02'14t6:17 Pm Case# 2013-08510

.

Page 16

674
675 Q:

All right.
Or up and down, up and down, because Officer Tu was partially straddled him, and he's just- balking like a horse. was his positioning?- wu: to try to control Mr. -Mr', weight his tike, uh, uh, Officer Tu, was he using uh, Moore?

676 677 678 679 680
681

A:

Q:

okay. okay. Got it. And is officer Tu, what

l.

682
583

684 685 686 687 588 689 690
691

A:
Q:

I would

- I would have to speculate that that's what he was doing.

Okay. All rigbt. So he's - okay. Um - md, uh, Offiser Tu, to your knowledge, hels - he's, uh, over six foot would you say, correct?
Yes.

A:
Q:
fL.

And Offi,cer Tu is over 200 pounds, would you say?
Yes.

692

-

93

594 695

Q:

Okav. And would you consider Officer Tu a strong person?
Yes.

696
697

A:
Q:

598 699 700
701

702

Tu okay and you're saylng to yow - at the time, when only you and ofEcer large is a l- rather *# tfr.r., were you uira dm.*t Tu, and who - Officer Tuyou having a of you two the were and strong-officei, were you have difficult time controlling lv{r. Moore? Very difficult.
you needed Okay. Got it. Um - so - at - s- at a certain point, you decided mori assistance. Isthat correct? Correct.

743 7A4 745 7A6 707 708 709 710

l-1..

Q:

fa.

7ll

Q:

Okay. So you used Your radio?
Yes.

712 713

A:
Q:

7t4 7ls
16

you made for To, uh, ask for additional help? The first radio brad- broadcast

help,yhafdidyou-doyourecallwhatyousaidontheradio?
A:
[Jh

717 718

-

uh, send additional offtcers.

329

INTERVIEW WITH OFC. GWENDOLTN BROWN lnterviewer: Sgt. Hong

"*#-,'JL-ilf,T Page 17
719

720 Q: 721 722 723 A:
724

to the

Okay. All right. Um - and after you made the radio broadcast, you went back - trying to resffain I!{r. ...

I

-

I stilt had a hand on him.

125 Q:
728

Okay. All right.
When

727 A: 729 Q: BA
731

726

-

even when I made the radio

*

call.

Okay. Okay. Um - would you say, uh, Mr. Moore was, uh, kicking you, uh, or Officer Tu at all at that point? Or...
He was kicking - he was not kicking me, because I was closer up, um, towards his shoulder area.

733
734 736 738

732 A:

735 Q:
737 A:

Okay.

But I could

see

him kicking.

19 *r40 Q;
741 743

Okay. Allright. Didyouatanypoint,wereyouatall-puttingyour,uh, body weight on his l- uh, on his neck or on his chest area during this touble?
I probably was putting my weight on

742 A:

-

on his

-

his shoulder blades.

745 747 A:
746 748

744 Q:

Shoulder blades. But not directly on his chest or directly on his neck or his

head. Correct?
No.

750
751 753

74:9

Q:

Okay. Um, and, um - well, you're additional officers anive?
Yes.

-

the struggle continues, md

- at * did

752 A:

755
756
7s8

754 Q:

Oka)r. Do you remember which officer entered first to assist you and Offrcer
Tu?

757 A: 759 Q:

I don't remember which one. And adish- and - um - thereafter, at the time that you, Officer Tu, and the additional officers were able to successfully handcuffMr. Moore, about how mafl.y officers were there at that time when the successful handcuffing took place?
Got

-

760 76I \2
t63

it.

330

INrERvrEw wrrH oFC'

"I*L?flk#r?ffiH
02-1416:17 Pm

"*"u'o'11;.ti3
A:
I think probabty

764 765 766 767 768 769 770 771 772
773

- two?

Possibly

three.

i

Okay. So a total of five at that Point?

A;

Yes.

Okay. Do you remember who they were? At"' A:

Um- Officer Mathis?
Okay.

774 775 776

A:

officer Gardner
Okay.

-

and

I don't remember who the ottrer person was

777 778 779 780
781

A:
Q:

At that

-

at that time.

782
33

able lo Alt right And so you said that you Yele - that you were of Mr' handcuffipg uh, set, double a do and together, r;ts, Iinhthem

take trvo

;il;ff
Yes.

-I84
785

Moore, correct?

786 787
788

A:
Q:

Okay.So,um-Mr.Moore'shandcuffed'Allright?Now-ishecontinuing

789 790 791 792 793
794

A:
Q:

Yes.

uh, restraint attempts okay. Do you know if there were any other restraint Uein! made by aty other offrcers on IvIr' Moore? [Ih, just trying to hold him down'
Just hold him down'

795 7e6 797 798 799 800
801

A:
Q:

Mm-hm.
uh - tryingto keep - or offic-ers, utr, use their 1dr. Moore to*[., did you witress any gther or head area or stomach weight to, trh - oo - on ttir. Moore's chest or neck Putting their knees on cerhain areas of Mr', um,

802
803

Okay. And, um - during

i;i&g

-

as you describe,

&,

*'

804 805

i06
807 808

*"Jto holding hirn down? that? Moore at all? bid you witness any of
No.

A:

331

INTERVIEW WTTH OFC' GWENDOLYN BROWN

Interviewcr: Sgt. Hong
02'1416:17 Pm
Case # 2013-08510 Page 19

809

si, e: 811 8t2 813 A:
814
g

using io hold Mr' What did - aparrment- what were the (uninte[igible) Moore down? The"' Their hands' what parts of Mr' Their hands. okay. And they were holding primarily Moore's bodY? don't know which officers, I beiieve officer Tu was still staddled him, and I but someone was holding his legs'

5 Q: 816 817 g1g A: 819.
I

820

8Z1Q:okay.Allright,somebodywastryingto...
Trying to holdhis legs down'

822
824

823 A: 875 Q:
827 A:
'28 826

"'

keep

-

keep

-

keep his legs doun'

To keeP from kicking'
OkaY'

Q: -s29 830 832 31i Q: 835 lit A:
838

831A:Andlwasstillnyingg;holdhirn,justholdontohim,becausehe_hewas
stitl bucking PretlY wildlY'

okay. Allright. um-doyoulnowifthelegswereresfrainedinany
manner? Do You recall?
wrap Not until, um - the sergeant arrived with a

840

841 A: 843 Q: 845 A:
844

strap" Axd they were able to use the strap' the ankle
OkaY.

842

"'to restrain his' um -1is'enkles

846 r r. 847Q:okay.Solo3sawthathisank.Mr.Moore.saak|eseventrrallywas-youS4Sthestraportnew,apdevice,.uh,Tousaweventually,youSawthatthestrap Mr. Moore's ankles- ts that correct? was ,u""rr*n itf pl'"r.4 on ifte - hg49
850

351 A:

852

Yes'

$z

tNrERvrEw wrrH oFC.

"Y}ffimr-_l.#
Case # 2013-08510

853

Q:

Okay. Now * unl
device?

-

do you remember which sergeant brought up this wrap

854
855

8s6 8s7 858 8s9 860
861 &62 .863

A:
Q:

I believe it was Sergeant Phillips.

okay. All right. uh - so now Mr. Moore',s hands are successfully handcuffs, his legs or his slkles ale succ.essfully restained in the strap. Is ivlr. Moore
still struggling? Or continuing to resist?

A:
Q:

Yes.

864
865

866 867 868 869 870
e71

Okay. During -the f- the time that this - your - the struggle with Mr. Moore, the tirne that Mr. Moore was, uh, resisting to the time that, uh, he was handcuffed and his legs were restrained, was Mr. Moore yelling anything, screamingn uh, was - what was he saying anything at that period of time?
There was one - one point - at one point, he said, was gortrg to stop, um, resisting.

A:

"Okay' Okay'' Like he

t',

-373
874 875
&76

Q:

877 878 879 880
881

From the time that the doorwuy, when you and Offtcer Tu first tried to take a hold of Nk. Moore and he, uh, backed into the apartmentand the struggle began to the point where other officers arrived and assisted and you - and the officers and yourself were suocessful in handcufling Mr. Moore andrestraining his yow legs, uh, how long do you think that period of time was? To the best of

okay. But during that, um - well, let me

ask you

- if you iq recal[.

estimation?

A:
Q:

I

- no. It - it seemed like forever.

882
883

Mm-hm. Uh, I honestly couldn't tell.
Okay.

884 885 886 887 888 889 890
891

A:
Q:

A:

I honestly couldn't.

K- you cant give an estimation in minutes or seconds? A: Q:
It just seemed like it todk foreverOkay., Um, during thatperiod sf time...

892
893

"94
)5

895 A:
897

333

INTERVIEW WITH OFC. CWENDOLYN BROWN
lnterviewer; Sgt. Hong

c".';r'r'iffi#
Page21

898 Q: 899 900 A:
901

... was Mr. Moore yelling?

I don't recall him yelling.

903 904 905 A: 331 Q: 908 909 910 A: 911 gl2 Q: 913 gl4 A: 915
.*lt1,7
916

gA2 Q:

Okay. Washe*using,uh-washetellin'you*youandotherofficers anythiilg? Was he verbalizing anything'?
I don't recall

-

only the

- thing I remember
he

him saying was, "Okay. Okay." uokuy, okay," did he actually

okay. All right. And when
stop?

- when he said,

He Slowed down.,.

Mm:hm.
... just enough for us to - when we were putling his arm out, he said, "Okay, okay.n Andsohekindofrelaxedalittle.

Q: 8 glg A: 920 gZl Q: gZZ gZ3 gZ4
925

Uh-huh. And then it was on again.

Onagain. Okay. What-didyou-duringtheperiodfrom-again,the
doorway to the time that he was handcuffed, during that struggle when you (unintelligible) period, did you - did you yourself and or hear other officers give verbal commands to Mr. Moore? And if so, what were those commands? I know Officer Tu kept telling him, "Stop resisting, stop resisting." We both
did.

927 g4g Q: 930 931 932 A:
928

926 A:

Okay. Um - do you recall any other officers saying anything to the best of yourrecollection?

I-I-don'trecall,
"Stop resisting," was

934 Q: 935 936 A:

933

-

you heard, "Stop resisting'" And...

Mm-hm.

938 Q: q3g _ +0 A:
941

937

...you said it was (unintelligible).
Yes.
,

334

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"H3i?iy#?H
0X-1416:17 pm
Case

# 2013-08i10 .Page22

e42
943 944 945

Q:

that period from the doorway to the time that you to successfully were - were able handcuff I\4r. Moore, didl\&. Moore at all verbalize to you that he was having trouble breathing?

Okay.

All right. During

946 A; e48 950
951

No.

947

Q;

Did he ever at all tell you that he need
No.

-

that he was hurtin' in in any way?

949

A:

952 Q:

9s3 954

Did he ever say that he needed ambulance because he was physically, uh, injured in any way? No.

9,55 A:

es7 Q:
958

956

Okay, Um

at- at*
A:
Q:
Yes.

at a certain point, does he

-

um

* so. Now he is handcuffed, and his legs are reshained. LIh,

-

stop resisting?

e60

959

162
963

I

Okay. Describe how that came about.
Once, uh, his legs were restrained, he - resisted for a while. And then he just stop.ped, Kindalike - like he was going to take a rest.

964
965 966
968

A:

e67

Q:

Okay.

969

A:
Q:

And I am

* I s- just - k"pt watching him:

974

e71
972

Okay. When, uh, when he took his rest, as you said he resting? His body position?
He was partially dn his side, um, and partially more stomach? Halfway on his side.

-

as you

put it, how was

974
975 976 918
980

973

A:

like

- halfiray

on his

e77

Q:

Okay. Atl right. So * you
No.

-

he wasn't completely on his stomach or face 0t...

979 e81
982
q83

A:
Q:

Okay. He wasn't completely on his back. He was essentially more so on his side. Do you remember left side, right side? Do you recall?
It would have to be - it would have been the left side.

gss

1A:.

335

INTERVIEW WITH OFC. GWENDOLYNI BROWN
interviewer: Sgt, Hong . A2-1416:17 pn
Case

# 2013-08510
Page23

986 Q: 987 988 989 A: 990 99L 992 gg3 Q:
994 996

Left side? Okay. And so there's a * time when he's takin' a rest. Okay. And what happens during this rest period? What happens next? I'm.watching him, and - I don't see his chest moving. So I said, "I don't think he's breathing." And so we pulled him over completely on his side. And I could see his chest start - starting to move.
OkaY.

gg5 A:

And I say, "Okay, he's breathing." And I checked pulse. And he had a pulse.
Okay.
He moved his head a

997 Q: 998 999 A:
1001 Q:
1003 A:
1004 1000

little, like this, and...
little bit as you...

So he shrugged his shoulders, shook his head a

1002

He ...

-he

moved his head, I remember.

11105
J6

Q;

(unintelligible)' AU right.

hoz A:
i009 Q: 1010 1011 A: 1014 1015 A:
1015 1008

And...
Were his eyes open? I'm sorry. Do you recall?

I don't recall.

1013 e:

tot2

Okay. Was he you as what?
He's breathing'

-

w- chest is going - chest is moving was indicated for * to

l0l8 Q: 1019 1020 A: Q: 1023 1024 A:
1022
t025

1017

He'sbreathing. Okay. Allright,so-yousawthat,youmovehimonhisside. Mm-hm.
So what haPPens next?

t02t

At that point, I just kept watching his chest'
OkaY.

Q: t027 .\28 A: -_ 2,9 iO:O
1026

Axd it was probably about - probably about a minute, 'cause it was a short time there after - I notice his chest wasn't moving anymore, And I said, ''l don't think he's breathing."

336

INTERVIEW WITH OFC. GWENDOLYN BROWN
Interviewer: Sgt. Hong 02-lN6:17 pm
Case# 2013-08510

Page24

1031

1032
1033

Q:

Okay.

1034
103s

A:

1036

And I checked fOr a pulse, I said, "[ can't get a pulse, I can't eet a.pulse,"'and nlet's getthe cuffs off him, get the cuffs offhim'" We they were like, immediately took the cuffs off and - pulled him over on his back... Mm-hm.

-

fi37
1038

1039

i040
1041

A:
Q:

,.. but the matbess was so

soft, we pulled him onto the floor"'

n42
1043

Right.

1044
1045

A:

to start cPR. And, uh, called for code tt[ee cover - I mean code tbree for BFD.
.-.

- code

1046 1047
1048
I

.Q:
A:

IvIm-hm. wanted, um Because we,d achrally called for BFD earlier, because we wrap wasn't large enough...

049
50

-

the

-J5r
1052
1053

Q:

Mm-hm.
um [ believe it was ... to restrain hirrU and we needed reskaints. And, uGethiy herg code thtee.r' iogeent (Amber) who got on the radio an{ said, ,Caise I yelled out, "Code tlree, code three, code three, he's not

1054 1055 10s5 1057 1058

A:

-

I

-'I -

brreathing, code three' "

10s9
1060
1061

Mm-hm.

A:

And I heard her on the radio- Um..' Making the request for code three"'

rc62
1063

1064
1065 1066 1067 1068 1069 1070

A:

Mm-hm.
... Berkeley fue Paramedics.

A:
Q:

Right. who's okay. Got it. All right. And so now Mr. Moore's onhis back. whot givin the chesi compressions, do yourecall? Uh, Officer Tu.

107i 1472

-

-1074
1075

fi3

A:

337

INTERVIEW wrrH oFc.

"Tfl?[lHrt]flH
02-1416:11pm
Case # 201348510

1076
1077 1078

Q:

Offrcer

Tu? Okay. Um, and what were - what were you doing

at that point?

A:

At this point, I - I held his head to open up his airway.
Okay.

1079
1080
1081

r082
1083 1084 1085 1086
1Q87

A:

And I said, "someone run downstairs, get a mask, get a mask. "And they said, "B - BFD's here."

Q:

I

see.

A:

And then, um...
Mask rneaning the

1088 1089 1090
1091

-

the breathing safety apparatus thing,

A:
Q:

Right.
at this point in juncture, while the, uh, CPR is is being, uh, done on Mr. Moott, uh, to the best of your recollection, do you recall who the other officers other thatr you pnd Officer Tu and Officer Phillips, uh, do you know who else was in the room during

1092
1093

Right. Okay. Atl right, So

- um - uh-

1094

-

)s -196
rc97
1098 1099 1 100
1101

that period time still?

A:

I thiilk it's Sergeant Phillips. ['m sorry, Sergeant Phillips.

rn2
1
1

103

A:

Officer lvlathis...
Okay.

i04
A:
... and I believe Officer Gardner'

r 105

I 106

1rc7
1108 l 109

Okay.

1l

l0
A:
Q:

1111

And I don't remember who else. Do you
room?

1fiz
1

113

-

do yOu recall any other, uh, supervisor or sergeant rank there inthe

1114 1115
1

116

A:

r

t17

Uh, at one point, I know of, uh, Sergeant (Cardoza) was there, but I dont know if he was there doing the - CPR or not.

i8

338

INTERVIEW WITH OFC. GWENDOLYN BROWN Interviewer; Sgt, Hong

."#-j;"li-l3rPfi
Page26

l12O lI21
1,122

1119 Q:

Okay. So - you're tending to the, uh, Mr. Moore's, vh, aiT way, uh, Officer Tu is doing the chest compressions. Eventually fire department paranaedics arrive, conect?
Yes.

1123 A:
1124

t126 I 128 A: ll29 130 1131 ll32 Q: ii:r:- A:
1127
1

11ZS

Q:

Okay. And

- if I may just speak on yoru behalfl they're loading hi* ry on the
him away.

gurney, and they take

Uh, ttrey started - uh - they took over the chest compressions and administered oxygen. And they * they continued doing that, and, uh - they moved around the mattess and the bedding to get the gumey in there... Got

it.

OkaY.

... md, um, got him onto the gurney and took him on out.

1137 --;3 A: 1140 n4l ll42 Q: It43 ll44 A: I 145 1146
1t47
t

1136 Q:

1135

Okay. And once the fire pararnedics and Mr. Moore have now exitedttre aparfinent, what's happening now?
Uh, I

- I believe I told -

the sergeant, uh, "We need to get an I.D. tech up

here."

Mm-hm.
I believe Sergeant (Cardoza) started'assigning officers to do, urr, contact the - the neighbors, someone was assigned to contact urn - Mr. Sterling, that's the individual who was inthe apartmenl

Um-

148 Q:

OkaY.

l50 A: 1151
l

Lt49

...

initially. And I do know Officer Smith,

he ran back upstairs. When I called

for cover.
OkaY.

Q: n54 1155 A:
1153
I 155
1

1152

He was there also-

ll57 Q: 158 1159 A:
I 160

Officer- Mr. Smith.
tjh...

OkaY.

5l Q: rt62 1163 A:

'Cause he was there early on, (unintelligible).'. Yes.

339

INTERVIEW WITH OFC. OWENDOLYN BROWN
Interviewer: Sgt. Hong 02-14/6:17 pm Case # 2013-08510 Page27

1164

1156 1167 1168 lfiA llTl
l172 Lt69

1165 Q:

Okay, All right. Um

tasked with assignments, uh, urn, whatwere you doing before you actually had left the property and went back to the station? What was your role at that

-

and then, uh, while all of the other officers gettin'

point?

A:

I was talking with Sergeant, utu Phillips and Sergeant (Cardoza), because, uh - she staled somsone needed to - follow *re arnbulance, IIh, to the hospital.

ll73 Q: 1174 1175 A: It76 ll77
I 178

Mm-hm.

Officer Tu volunteered to go, and she's she's really concerned about his, um, well-being, because - he was s- um - sweating, seemed to be out of breath, 'cause he had been doing the chest compressious...
And, um

-

1179 Q:

Mm-hm.
... and I notice he surgery...

1181 A:

I 180

1,182
83

-

he kinda limped a liffle bit, knowing that he had back

-184 Q: 1185 I 186 A: i 182 1188 1i89 190 I 191 11,92 1193 1lg4
1 1

Yeah.
... and I ask him, I said, "(Ken), are you sure you're okay?" And at that point, she said, "'We should get another officer, um, to f- to go," and I'and I believe Sergeant (Cardoza) said, "Eithet one of you guys go." You know, and I said, "f'm stayinghere till this scene is secured-" And so (Kea) said, "Ill go." And um - Sergeant (Cardoza) was like, "You need to go to the station. You need to get you start writing. You need to go to the station and start writing." I " Offtcer saido "I'm not leaving tilt the scene is securt.rr He said, "[ have

-

such and such, I don't remembel who it was." He sai{ "He'11 secure the sc€ne," Atthat time, the I.D- tech ceme. And I left-

-

19s

1196 e: 1198 A:
I 199 1197

' Mm-hm. So you left and went backto the station to prepare...
Yes.

1200 Q:

1201 1202 1203 A: 1204
1205 7207

Okay. Okay, Who was the scene supervisor to your - to your knowledge, who was the supervising officer on that incident?
.., police report?

Being that it was my
he's mY sergeant."

-

beat,

I

considered Sergeanl uh, (Cardoza), because

16 Q:

I see, okaY.

340

INTERVIEW

wirH oFC tY#,?3lH#flH

."#-,i-13:llm
Page28

1208

A:

12tt
t2r2
1273

1209 1210

... um - just because, urn, Sergeant (Amber) got there first, I didn't consider she was the scene supervisor till he got there.

-

Q:

I see. Okay. So ultimatelily, Sergeant (Cardoza) was the scene supervisor,

um:"

1214 t}l5 1276
1217

A:
Q:

That was my impression.
... of that Yes.

-

of that incident. And even in you impression

as

well.

Okay.

L2I8
1219

A:
Q:

1220
r22l
1222

Great. All right. Um - um - during, uh, the entire episode, the incident involving, uh, uh yoru contact as well as other officers' contact with IvIr. Moore, it*y timi, uh, did you stike Mr. Moore with a closed fist or open
hand?

t223
1224

1225
1226

A:
Q:

No.

27

Did you witress any other offtcers doing the same?
No.

-!28

1229
t730

A:
Q;

123t
1232

At any time, did you hit Mr. Moore with, uh, your ASP or - or wood baton?
No.

1233
t234
t236

A:
Q:

r23s
1237
1238

Did you witness auy other officers do the same?
No.

A:
Q:

1239
1240

At any time, did you strike Mr. Moore with any other blunt object, whetheron your duty belt or in the aparffirent, uh, Mr; Moore?
No.

t24t
1243

1247 A:
Q:

1244
t245
t247

Did you witress any other officer do the same?
No.

,

t246
1248
1249

A:
Q:

Did you OC Mr. Moore?
No.

50

A:

r25t

1257 Q:

Any other offrcers?

341

INTERVIEW WITH OFC. GWENDOLYN BROWN
Interviewer: Sgt. Hong
02-1416:17 pm
Case # 2013-08510

?age29

253 254 .255

A:
Q:

No.

2s6 257 258 259 260 261 262 263 264 26s 266 267 268 269 270

Did you at - did you discharge your firearrn at Mr. Moore?
No.

A:

Did you

-

did any other officers?

A:
Q:

No.

Did any other officers as a blunt
No.

object?

-

yor1 yourself or any other officers use your firearm.
l

A:
Q:

Okay. What about kicks? Did you kick Mr. Moorc in any fashion?
No. What about any other officers? No.

v!:
274 275 276 277

A:
Q:

A:

Okay. Um- let's see. I'll take apause, and...
Q2:
(Gwen), uh - I know you mentioned that Hayes had said something downstairs about, uh, Mr. Moore usiug drugs, drinking all day' When - in your co.ntact with him, did you see any sigus or symptoms of, you know, influeuce of drugs or alcohol that you couldtell?

278 279 280

28r
282
283

284
285

A:

286
287 288

289 290

29t
292 293
Q2:

Mr. Moore appeared to be * it was hf,rd for him to fosus. Because when I kept nrying to brring him back to answer my questious in regards to what was gorng on with he and his roommate, he kep talkin'about the FB[, aud - callin me these other narnes - and dinosaurs, so - it was - at the point where -.I felt uoh, he he maybe5l,S0'here." He's he's defiuitely irot makin'any . like, sense. And then again, his roorurrate,'I - I had the knowledge that he had been doing drugs quite a bit that day, so I was under the impression that he's probably Fetfy high and -...5{50=all*in one.

-

Okay. fuy
No.

-

any physiological signs that you recall? tlh--.

?e!
L-za,

A:

342

INTERVIEW WITH OFC. GWENDOLYN BROWN

,,*,,T;:i;,?;,?iT
Case# 2013-08510 ""."P;;Jj;

*",

1298 L299 1300 1301 A:
1302

1297 Q2

Okay. Um - when you mentioned the - when he kinda pulled you guys back into the - to the room and you guys fell on the matbess, can you describe where in the aparhnent that mattress was?
It's

-

it's on the floor, on the

-

I wanna say the norttr wall.

1303 Q2:
1305 A:
i306
1304

Okay. Let me ask * I
Mm-hm.

-

'cause [

- we had an opportuni. ty to go up there...

'

1308 1309 1310 A:
i31
1

1307

Q2:

when I picture it, and correct me if you just remember it differentiy, but when you fust walk in, there's a - like a really small aknost entryway...
.., so I

-

[dm-hm.
...

l3l2 Q2: 13 13 13L4 A:
"-317
1319

with

a bathroorn

just offto the Ieft...

Corect.
... a small, short, nanow

:6 Q2: 1318 A:
t320 Q2:

13

l5

hallway...

Mm-hm.

l32l l3ZZ 1323 1324 1325 A:
1326

I'd call that goes into sort of a- living room? kitchen, everything but a bedroom are4 and then sliding doors that lead into avery small bedroorn Thafs - they almost look - if the doors were open, Ild think it would almost look like all one - not very bigroom?
...

Right.

Q2: 1329 A: 1330 1331
1327
t328

But-uh...
So when you walk ttre - walk in, and the bathroom's to the left, this very short hallway oace you step into this living room area" the mattress was right here.

Up against the wali. This wall.
Is that sort of if you were to take &e hallway straight back, like right into the where the what is that, the - maybe the norttr and the east walls come

-

1334 1335 1336 1337 A:
]

1333 Q2:

1332

*

-

-

together?
Yes.

i38

Q2: 1340 1341 A:

I

Like stuffed in the comer?
Yes.

343

INTERVIEW WITH OFC, OWENDOLYN BROWN
interviewer: Sgt. Hong

A-14/6:17 pm
Case # 201 3-085 | 0

page

3l

1342

1343 Q2:
1344

Or off to the sides in there?

1345
t346

A:

It wps

-

it was in * in that corner.

1348 1350 A: 1351
1349

1347 Q2:

Okay. Okay. And, uh - when * when you - the his stomach? Is how he fell, is that correct?

- I believe you said he fell on

He fell on his stomach and side, 'cause he had his arm bwied up under his
torso.

1353 Q2:

t3s2

1354

Okay. And - first, when you fell, did you fall on top of him, on the matffess, some - Iike how did you fall? In relation to him?
t fell

1355

1357 1358
1359

1356 A:

- kinda like over his shoulder,
I still -

because

'Cause he's like this, and I went oyer him, was trying to hold onto this hand, and when he pulled, I went

-

like this.

1360 Q2:

Okay.

'-i62 A:
i12:- Q2:
1366 A:
t367
1365

i1

And I lost the gnp. On his hand.

Okay. Is that sort of across his bcdy? Is that how you're deseribing it?
Yes.

1368 Q2:
1369

Okay. And, uh, how about (Ken)? Where did he end rrp?

I37O A:

:

(Krn) end up shaddling him. Okay. Like...
Like across the

t37l 1,372
1373

Q2: 1374 A:

-

the, um, torso area.

r375

Q2: 1377 1378 A:
1376
t37g

And is that like on his knees? Straddling him?
Yes.

1380 Q2:

Like

*

knee

l13l
1

4 Q2: 1386 Ar
1385

183

A:

-

knees are .- were his knees on him, or like...

No
Oh...

He was

-

they were...

344

INTERVIEW WITH OFC. CWENDOLTN BROWN Interyiewer: Sgt. Hong

02-l4l*l7

pm

Case # 2013"08510

pape 32

1387

1388 Q2:
1390 A:
1389

On either side of him. On either side of him.

l3g} ' Q2r 1393 1394 1395
1397 A:
1398

t39L

Okay. Okay. Um * I know you mentioned (Ken) was using his weight to contuol Mr. Moore, and I was curious, does that mean- like his whole body's laying on top of him? Or he's - using his hands in a specific part of his body to kinda - hold him down and his weight like that?
He's using his hands.

1396

1400
1401

1399 Q2:

Okay. And
was

-

and

he-did

-

you may have answered this, but

-

what part of his body

he have his hands?
So he

1403
1404

1402 A:

Weil, he still had - hold of the - the arm that we had the handcuffs on. still had that - that hand, um, holdin'onto that one.

106 - +07
1408 1410

1405 Q2:
1409 A:

Okay. fud - at the t- well, during the time he was on his stomach, or even wa.s his fdce maybe a little bit cocked on his side, where is his face? Was in the matkess or a$ray from the matbess or - how was that?

it:

-

It was facing - to the side. To the side.
Okay. That I can remember.

1411 Q2:
l412

1413 A:

1416 1417 1418 A:
1419

1415 Q2:

1414

Didit-diditappearhis-mouthandnosewereobskucted? Ornot obstructed? Beeause of that? If you could tell?
I

- I dont recall, 'cause h- he was so busy - resisting

us.

Q2: 1421 1422 1423 A:
1420
1424

any other supervisors or command present besides Sergeant Phillips and Sergeant (Cardoza)? At any time?

Okay. Um

- do you remember

No. No?

1425 Q2:
1426

1427
t428

A:

Not at the scene
Okay., Axd - had you - prior to this contact, had you ever dealt with IvIr. Moore or known of him or * just had any other contacts?

1430

+29 Q:

1431

345

INTERVIEW WITH OFC. GWENDOLY}I BROWN

I**'ff:i;,T;#"# case# *,r";lTll

1432

A:
Q:

I had not had any personal contact with him, but I knew of him.

t433
1434

t435
1436
1437

A:

1438

t439 ru44

t44t
1442

=dSlgqdrumiot of issues going on, and could we check on his welfare? I called her back to let her know, um, Officer (Galvin) and I had gone out, asd there \ryas no one at the aparhnent. So I called her bask to let her know. That was our - our finding.
she mentioned that he had a

Um, his mother called the station, I beliwe, it may have been a month or so ago, asking for a welfare check, and said that her son was

t443 t444
1445 1446

Do you recall what

-

the specific issues the mom was talking about?

A:

She said her son had called her - earlier that day, said he was.ggr:yrdepresSEd.; rtm, she said he was going through a sex change, uE, he was, um.Faghcauy

t447

tM8
1449

t450

i1

Yt2
.4s3 454 455 456
457 Q:

$mgursre Hedmflt*ne*ritif{V. And she was concemed about, uh, thb roommate. She said he hung out with a guy &at he shared.an aparfinent with in San Francisco, andthey eveutually got kicked out ofthat apartnent because of fightingan{ um-the argrments and* youli:now, she said somethingto the effectthat San Francisco PD was really sick of thern, and she's glad that stre was able to get him an aparbnent over in Berkeley, because she's heard that the Berkeley police are much more lenient and tolerable.

458

4s9 460

hfixm. Okay. Is, uh - you report - uh, you mentioned ltdr. (E lovard) Sterling. 'And, uh was Mr. Sterling the genfleman that was in the room that you told to leave at * that day when you fust arrived there? Remember, you said you were fighting - you md - you and Offficer Tu were siluggling with Mr. Moore, and there happened to be a - sorneone in the room.
Yes.

46t
462 463 464 465 466
467

A:
Q:

Would ttrat be Mr. Sterling?
Yes

A:
Q:

468 469 474 471 472
473 74

Okay. Um - had you at - that time, on scene, any chance to speak with IvIr; Sterling? Did you have an opportLrnity to speak with him? After the incideat? Or...
Correct.

A:

No.

-+75

346

INTERVIEW WITH OFC. GWENDOLYN BROWN

*"*''xrii,ff;,?;1i
Case # 20 I 3-085

page 34

l0

1476

Q:

t477 1478
1479 1480
1481

Okay. So you - you never - even spoke with Mr. Sterling, got a statement from him or anything else?
No. Got it. So you - okay. And as you know, Officer (unintetligible) is the one who obtained his statement after this.
Yes.

A:
Q:

t482
1483

1484
1485 1,486

A:

Okay. Um

-

um

-

(unhtelligible)?

r487
1488

Ql:

t489
1490

t49t
1492

Uh, I know - that, uh - you answered this question that you believe, uh, based on the information that Ofiicer Smith had given you that Mr. Moore had a wa:rant. If yorl, uh, if he hadn't had a warraflt, would you have taken hfun, uh, for evaluation?
Just, uh

- let me look at my notes.

t493
1494

A:

Yes.

'9s

And what would that be based on?

-

{96
1497

A:

Becaused otr, uh, his behavior.

r498 r499
I 500

Ql:
A:

in any time you wefe talking to him, at the threshold of his door, did he ever appeal to have a problem breathing or express any - medical problems?
Did

-

ts01

r502
1503

No. Hgw do you feel about this incident? In.retrospect?
I know that I didn't do anything wrong. I know the officers on scene didnt do anything wrong. But it still doesn't change the fact that a man is dead. Is that upsetting?

1504
1505 1506 1 507 1508 1509 1510
151

I

A:

15t2
1513

Very much so. Um - my heart goes out to his family. Because despite somqone's child died. So yes. It is very upsetting.

*

15i4
151 s

Q: Q2:

Any other questions?

1s16 1.5t7

- 1519
1520

518

End of interview with Officer Gwendolyn Brown, 1913 hours.

347

INTERVIE}V WITH OFC. CWENDOLYN

BRO- WN Interviewerl Sgt' Houg

02"1416:17

Pn

Case# 2013-08510 Page 35

1.5?2

tszr

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

1523

siglred

348

itfi::.'i

,.,

,

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I

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