In-Custody Death Investigation - Xavier Moore (Part 5 of 11). Interview with Officer Brian Mathis (#80)

7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 5 of 11). Interview with Officer Brian Mathis (#80).

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BERKELEY POLICE DEPARTMENT

CASE NO. /3- *df/oEsrNr)02-/i -/3ATESTATEMENT TO INVOLYED OFFICER:

Officer bqarn &aa+n t +,you are b*i"g teptesented hete at tlis intetview byenn.lqYou ate not in custody and you ate &ee to

condude the interview at any'time. You are not obligated to answer any questions'

A:ry aaswers you do give may be used in a qorut of law. Hardng rlds ifl mind, do you

wish to voluntatily proceed with &e intersieq/?

OFFTCERNAiIE

72- tftuaATTOITNEYNAIIE

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TNTERVIEW WITHOFC. (BRIAN) MATHISlnterviewer: Sgt. Hong#;f",11i:l3it

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I234567 INTERVIEW WITH OFC. (BRTAN) MATHTS8 a=S#. HongI Al=Ilet. Johnson10 Q2=(Sarah) Burdickit r-ofc. (Brian) Mathis

1314 Q: So Febru4ry 13, Wednesday, 1710, 3:10 pm, ah, thiq, ah, an interviewwith15 (Briani Mathis, Offrcer (Brian) Mathis and Case No, 13-08510. I am, ah,16 Sergeant Hong, H-O+I-G.t718 Ql: Ah,Detective Johnson. [t's actually 5:10 pm. Andthat's Johnson, J-O-H-N-t9 s-o-N.20I 1 Q: That's right. For the record 5 : I 0 pm..1a/,L23 Q2: (Sarah) Burdick with (unintelligible),last narne B-U-R-D-I-C"K-2425 A: Officer (Brian) Mathis, Badge No. 80, ah, last name is M-A-T-H-IS.2627 Q: All right Officer Mathis you signed the, ah, the waiver. Correct?2829 A: Yes I did.3031 Q: Okay. So Officer Mathis could you state your rank and ba-dge number?.A)z33 A: I'm a patrol officer and my badge number is 80.3435 Q: Eight, zero?3537 A: Eight, zero. Correct.3839 Q: What was your hire date with Berkeley PoliceDepar(nent?4041 A: Um,June l2thorthe 13ttrof1999. AndthenmybadgedateisDecernber42 16thof1999-434 Q: fud do you have any prior law enforcement experience before BP?

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TNTERVIEWWTTH OFC. (BRIAN) MATHTSlnterviewen Sgt, Hong02-13-13/5:10 pmCase # 2013-08510Page2

46 A: No I do not.4748 Q: Ah, which patrol oF operatiors team do you work currently?4950 A: Currently work team three.5152 Q: AII right. What are your nonnal days worked and your normal hours worked?5354 A: I wcirk Monday through Thursday from, ah, 1530 hours to 0130 hours.5556 Q: What is your - what was your call sign during your shift yesterday?5758 A: Ah,3M6.5960 Q: From here on out if I say yesterday I'm referring to, ah, Februmy l2th. Okay?61 I'm sony. What was your, &h, call sign?6263 A: 3M6.6465 Q: 3M6. Okay. Let's see. What area or beat were you assigned at that -i6 yesterday's shift?68 A: I r+'orked beat six.5970 Q: Ah, let's see. Who were your supervisors y- during yesterday's shift?7172 A: Ah, Sergeant, ah, Ross, S25, and Serge*nt Cardoz4 S31.7374 Q: Okay. Sergeant Ross is R-O-S-S and Sergeant Cardoza is C-A-R-D-O-Z-A,75 S31.7677 A: Correct.7879 Q: Are they your normal supervisors?8081 A: Yes.8283 Q:8485 A:8687 Q:889A:90

When was your last shift prior to yesterday's shift?The day prior.Got it. So today is, ah, cunently Wednesday.Yes.

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INTERVIEW WITH OFC, (BRIAN) MATHIS' Interviewer: Sgt Hong02-13-13/5:l0 pmCase # 2013-08510

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91 Q: Yesterday's shift was Tuesday and so the day prior being?9293 A: Monday.9495 Qr Monday. All right.9697 A: I'm sorry.9899 Q: Have you taken any medication? Prescription or otherwise?100101 A: No.t02103 Q: Have you consumed any alcohol in the past 24 hours?104105 A: No.'106107 Q: Do you have any medical conditions?108109 A: No.110' 1 Q: When was the last time you slept, ah, and how long and howmany hours, ah,

so twice. Before this interview and ah, before the time of incident?113I 14 A: Well it's - we'Il work backwards. Ah, last night probably got - so from six,1 15 six and a half hours last night. Um, and then the night prior. So going intot 16 Tuesday that was probably seven and a half. Seven, seven and a half.ll7 Something like that. It's my normal, you know, my normal - my normal work1 18 week I usually get seven or so.119120 Q: Okay. Did you sustain any injuries during, ah, yesterday's incident?121t2Z A: No.I /,5124 Q: Do you wear corrective eyeglasses or contact lenses?t25126 A: No I d.o not.t27128 Q: Ah, starting from the front of your belt buckle going clockwise could you129 describe what duty gear is on your duty belt?31 A: Ah, a set a cuffs, um, next is my seridce weapon, um, followed by my ass,132 followed by a key holder, followed by another set of cuffs of which thereL33 wasn't a second pair in there because an offtcer from the night prior did not4 retum them to me. Um, that is then foiiowed by a flashlight. Um, then a - aJ5 canistei of OC and then my, ah, ah, radio. And then, um, and I have - [ have a

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INTERVIEW WITH OFC, (BRIAN) MATHISI-'"r'Ji';Jfi:#ltPage 4

- I forgot to mention that I have a beit key holder or, ah, belt holders, um,spaced in between because they go around. Like, I, ah, and then the - I have a,um, a (unintelligible) ring for my baton and then, ah, magazine - twomagazine pouch, And then buckle. (Unintelligible),Did your duty belt or duty gear sustain any damage fiom yesterday'sincident?No.Ah, what vehicle make and model were you driving during yesterday's shift?Ah, CrownVic andvehicle 1720.What kind of markings and emergency equipment is on the - on the?It's a fullymarked standard BP patrol vehicle, um, black and white, ah, wiritedoors, um, withthe logo on the side and, um, 360s on top. Two spots on - thatdon't work real well but two spots in the corners.Ah, do you norrnally drive this particular vehicle?Yes I do.Were you a single officer car or a paired offrcer car?S- single offi.cer.All right. Ah,.all right. Okay. Now we're going to, um, nowthat's thepolice report tha[ you prepared for - regarding this incident. Correct?Yes sir.Okay. Can I, ah, could you read that for us verbatim and that would be youqah, report for the record.Okay,If you can read it for us.Okay. Excuse me. On, tm,2l13llt at approxirnately 0030 hours I heardOfficer (Brown), Number 16, broadcast a request for additional units at21,16(Alsom), No. 514. Um, I responded code 3 to the scene' Upon entering theapartment I obsdrved Ofticer (Brown), Officer Tu, No. 38, and, ah, OffrcerSmith,'No, 3, strugglinS, uh, to control a very large person on the aparbnent

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INTERVIEW wlrH oFC {BRlAx)#ffi:JI?,ffigf,T

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floor. I grabbed both of the subject's ankles in an attempt to control the legsbecause the subject was kicking at the officers. I crossed - I crossed hisankles, um, tryrng to hold him down but got kicked off. I reacquired my gripand was - I reacquired my grip and was able to stop the subject tom kicking'I was given an ankle restraint strap from the wap and applied it the subject'sankles with assistance from another officer. I Ieft the apartment to retum tomy pahol vehicle to retrieve, um, (unintelligible) and escort BFD upon theiranival, I heard a broadcast ttrat CPR was being performed in the aparhnentprior to BFDs arrival on the scene. I accompanied BFD back up t}re stairs toNo. 514. I was assigned by Sergeant Cardoza as 31 to attempt to contactresidents of the surrounding apartnents. At No. 5 I 5, which is the door to thewest of 5 14, I got no answer. At 5 I 3, which is the door to the east of 5 14, Icontacted roommates (Gabrieila Carvello) - I believe it's pronounced and(Jorge Tolletto). Um, they both told me that they had been watching TV whenthey heard three Loud thumps on the wall from 514 sometime around 2300hours. The thurnps were loud enough to startle (Carvello) and (Tolletto) butthey heard nothing else overtheir TV until the police arrived sometime justaftr;r2400 hours. (Tolletto) also told me that, "She," and then I put in IES- um,referring to (Xavier Moore), um, "has knocked on my door a couple times andoffered me recreational drugS." At, urn, 512, um, which is the door to the eastof 513, um, the residents told me that they had not heard anything until, 'oThepolice arrived." Um, I stood by as [D Tag Jamison, No- 452, took photos in514 - in No. 514. When she was finished I locked the door and retuffied theken lo the BPD jail. Case disposition as said.All right. All right. Um, I'm gonna s- start by asking you, um, about wherewere you when you heard thl broadcast by, ah, Officer (Brown)?Ah; Addison and MLK. I was westbound to Addison and MLK'Okay. And do you recall the words used in the broadcast?Just sornething similar that I put in the report. "We need additional ufts," orsomething ard the tone of um, Officer (Brown)'s voice and I could hear thestruggle, you know, you can hear the sounds of shuggle on the radio so I puttrryo and two so. But it - I believe the words were similar. She didn't say codetkee cover. She said, "We need additional units hete," or "Need more unitshere," or something like that.And you responded?I responded code three.Code three?

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INTERVIEW WITH OFC. (BRIAN) MATHISlnterviewcr: Sgt. Hong02-13-13/5:10 pmCase # 201 3-08510

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Yeatr.

Anf, ah, ah, you knew which apartment to go to?No I didn't in- initially, um, I knew where she was. I called the call up just tosee urhere she was 'cause they actually assigned - assigned me although I wasalready rollin'. Um, so as I was coming up and I know where the (Guy)Building is - was pretty sure that's where she was. And I asked as I exited myvehicle what - what - what unit number.Okay.And, ah, they told me 514.Okay. Um, how did you gain entryinto the main door?Ah, thankfully she or somebody, one of the offrcers had put a card in; ah, inthe door to keep it - keep the door open and I was able to open the door andthen I took 4 ah, there's a bench stool just to the left as you walk in, I tookthat and, ah, wedged the door open and put it in the way blocking the dooropen for officers.And so you made your way up to the apartment?Um, I called the elevator. I heard, um, other units coming code ttree andwaited for and then theelevator tooh you know, a considerable amount oftime. And I - I know there's stairs in the buiiding but I figured five floors,eleVator. I waited - I waiJed for the other officers so when the elevatorshowed up two other officers came up and thethree of us went up together,Okay. The three of you who took the elevator, ah, rnfio were they?I remember Officer Gardner which I believe his badge is 121. And I'm notsure of the - I - I - I'm not sure of the third officer. I don't know if it wasKastimiler or I don't remember who that third officer was. I just remember,um, that Officer Gardner being that ftrst face that came runnin' through thedoor. And then, ah, like I said we got up - we got upstairs and then Iremember him asking a black.male who was standing at the railing whotumed out to a caretaker or somethin' which aparhnent and he (unintelligible)said, "514." oCause you can't see the numbers on the doors. They're not onthe doors. They're up...So you waited - you waited down in the elevator. Offrcer Gardner, G-A-R-D-N-E-R, Gardner, Badge 121, entered the, ah, el- elevator with you and but youdon't quite remember the se- ah, the secondary officer. fi6

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INTERVIEW WITH OFC, (BRIAN) MATHISnterviewer: Sgt. Hong02:1 3-1 3/5: l 0 pm

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Yeatr. I don't remember that third offrcer. I - I..The third officer.I don't remember wlro that third person.was.Okay. And you went upstairs and you Went to the apartment. Correct?Yeah. I - I told them which door was gonna open, ah, which was the door -'causs I'm - I'm familiar with that building. And so I knew you enter in onedoor of the elevator and it opens onto the courtyard area which isn't open. So,ah, (Tim) (unintelligible) Gardner, um, was the first out. I don'tremember ifI - t was the second one. And thenwe made our way into the apartment.Okay. So when you went to the apartrrent was the door open or closed?Itwas open.O1my. When you went into the aparlnent could you glve a generaldescription of the area in which this incident occr:rred?Um, there was a - a - as - as you come in there's a, like, an entry area. [tfurned out to be a batlyoom to the, ah, to yout imirrediatg um, left, which Ididn't - I didn't recognize as that coming in, And then the hall you take kindof a half step. You have to kind of step around the door the way the dooropens in the enky. Kind of facing a littte kind of open closet and - and then tothe right is where the hallway goes down into this main kitchen livingroomarea and that's - that's where they were. They were directly in line when youcome down that hall, um, it's really short..:Mm-hm....urn, they were right there. They were all - all down there on some type ofmattress or futon mattress or something like that,To your recollection it looked like some sort of mattress or futon?Y- yeah. It was on the floor. It a mattress that was on the floor. I doremember seeing it, you k[ow, laying on the floor.And when you - when you say there were all the other officers were there,which officers were there when you arrived inside?

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You know, I don't know who the other two , [ - I know now after in hindsightand I know Officer (Brown) was there but I didn't see her. All I saw was avery lmge person that they were struggling with and getting thrown around. Imean I saw - I knew there were fhree of,ficers there.Mm-hm.i know that one larger officer which eventually I know to be Officer Tu wasclosest to the - the lower end of and was the one being - it was actually the onebeing kicked by the flailing legs. But they wcre allkind of gettin' bucked. Imean it was just - they were doing everything they could to sonfiol this largeperson on the ground- It was - and there was a lot of you know, "Stopfighting, stop resisting." And I could hear all, you know, this other personyelling and screaming'as well.Okay, Ah, so when you arrived just for clarification, um, ah, at the - at, ah, soyou - you remember now who they were but not - not before.I didnl know who - it was - in it. It's not real well lit.Yeah.So it's not exhemely well lit.Okay.And you just see a rnass.Okay,It was just this - it's - it's Iiterally I can tell, you know, that - that the off,rcersare having a - a real difficult time at controlling this individual. Um, so.Okay. Ah, but you do recall seeing Officer (Brorvn) inside you said?I - I don;t know where she was. She was somewhere. I couldn't tell you oneposition she was - where she was holding. I - l instanfly, trl1, as I usually - I'll- I'll go to where an area that I know that I ca:r control on the body.Okay.And take that and - and what I saw was causing a rnajor problem were thefeet. And then, you know, some big legs and they kickin' the offrcer and likeI said with - with the use of the legs they were raising everybody up. So Ifigured if I controlled the feet... 178

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iNTERVIEW WITH OFC. (BRIAN) MATHISInterviewer: Sgt, Hong02-13-13/5r10 PmCase # 201 3-08510

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360361 Q: Mm-hm362363 A; ...that would - and let the bulk of thern take care of &e ripper body that - that364 would be where I would be the most helpful. And that's what i went to deal365 with.366367 Q: Okay. Um, knowing now which officers were there, could you name them368 when you first arrived knowing now?36937A A: I wouldn't be able to tell where they are.371372 Q: Yeah but who - who were inside there?JIJ374 ((Crosstalk))375376 A: It was - it was Officer Tu, Officer Smith and Officer (Brown) - were the377 officers that were - were inside the apartment'37837g Q: And that - and having thought back con- considering what you know now380 having thought back, does that sorurd correct? That it was - it was Officer TuIl and Smith and (Brown) in there?382383 A: Yeah. I - I believe that's - yeah.384385 Q: Okay.386387 A: 'Causs I - I double ehecked - actually double checked with Officer Smith388 bcause at - at some point how do you know if he had come in, I mean, tlrcre389 were a lot of officers coming. And I was...

390391 Q: Sure.392393 A: ...I was doing everything I could to just control feet. So I'm looking down at3g4 feet trying not to get kicked myself which I dicl,395396 Q: And, ah, were they - were they on the ground or were they on this matfress397 futon deal?3983gg A: Well the mattress is on ttre ground, I mean, it?s not much thicker. It didn't400 appear to be a whole lot thicker than through this table.401402 Q: Gotit,403

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INTERVIEW WIT}I OFC, (BRIAN) MATHIS""1;'.1;:i!,"1,3?],1

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All right? It's very - it's a very thin, you know, I don't know, maybe fourinches. I - I - I'd be- I'm guessing. I don't know.Okay.Um, but they were all - it was all on the ground. It was all basically on theground.So you took a hold ofhis legs? Is that correct?I - yeah. I tied to grab, um? as I come in the legs are separate. So, like, Idon't know, kioking in water. So they're separate, kicking: And I grabbedoqe, cross it over the othet and by the time I put it on top of the'second one, iget kicked off. It - this person was very stong and kicked - kicked me off. SoI reacquired my gnp andthis time took, um, like, I took my knee and just putmore of my body weight over the top ofthe ankle so I think ws went on - it'sthe right - so the porson is laying dovm, it was ttre right overthe left. So I puttlre right over the left ankte and then took my knee and both of my hands andplaced them both on that right aakle to hold it down on top of him so I couldkeep them both from - from...And you - you're using yow weight to keep it down but you're only grabbingthe ankles?I only have the ankles. Ankles and feet.Okay.I had, Iike, the back of the heel and thre ank]e.Okay. Um, so what happens? So there's a sftuggle. It's going on. You'retrying to assist by taking control of the feet or the ankles, um, ah, continueplease as to what occtus, um, to the best of your recollection'Um,I don'tknow. I hear, um,I eventuallyhear- I knowthat,I mean,I don'tknow chronologically whether I get - the wrap comes in, um, and I get thestrap and we - and I'll get to that, um, or that they get the cuff. I hear themsay, '1 got it." Like I got him cuffed'So...I hear - I hear somebody say that. But I'm not sure if it happens because it'shappening - it - it's happening kind of to my - to my left. So, you know, andI'm-foc-using on what I've got there. There's enough people dealing with that,I'm focusing on my task,

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INTERVIEW WITH OFC. (BRIAN) MATHIS' Interviewer; Sgt. Hong02-13'13/5:10 PmCase # 2013-08510' Page ll

What - what was the body - what was, ah, the- when I say Mr. (Moore), Mr.(Moore) is the subject that we're speakin' about that was resisting. Okay?Correct.So when - when you were taking ahold of the ankles while others were, ah,dealing with his hands, etc., and trnng to get him handcuffed, what - v/hatwas Mr. (Moore)'s body position at that time?Ah, face down.Face down. So was he l- l- his face was down meaning his front of his bodywas on the ground?His chest...Or on the mathess?...his m- yeatr. His chest was on the matEess.Mattess?Yeah. That's why I kind of have to mind figUnng which ankle was which.Okay. You said that you: you heard throughmessages, verbal messages, thathe was handcuffed.Yeah.But you didn't actually see the handcuffs acttrally placed on him?Mm-mm.Okay. Got it- And then - and then you were able to, ah, get a strap from thewrap? Is that correct?Yeah. I, unq I think it was Sergeant - it was either Sergeant Cardoza butSergeant Phittips also came inthe room. Um, isthat 17? I'm sure onherbadge number. We'll - we'll go over that. But Of- Sergeant Phillips - one ofthe two had - I know that - I know the wrap came from her car because I put itback together but, um, I said, "Give me the legs.?' I ' I - I told specificallywhoever had it, "Give me the leg strap."okaY' 'So"'

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INTERVIEW WITH OFC, (BRIAN) MATHISInterviewsr: Sgt' Hong02'13-13/5:t0 PmCase # 2013-08510Pagc 12

Ankle strap,...Sergeant - Sergeant Cudoza,C-A-R-D-O -Z-A, atdsergeant Phillips, P-H-I-L.L.I-P.S?Right.Okay. And one of them gave you the shaps?Ah, either gave them the sftap or they gave it to another officer at first when I- and I don;t know who this other ofiicer was, And that officer, ah, put thestrap together so they made it a loop.I\4m-hm.And then I - they - they carne down to try and help me put it on and I took itfrom them. And, ah, because that's not the way to apply it. It's - it's toodifficult to do it that way. I took ft from and instructed them to hold theankles while I, al1 applied the strap.Do you remember which officer this was?I - I don't - I don't know. It was just a - a helping set ofhands.Were you able to successfully, ah, restrain, ah, Mr. (Moore)'s, ah, ailkles"'Yes.,..withthe strap?Yes.okay.. All right. And then - and then what occurred? After the straps are...Um, the staps and the cuffs, you know, with the strap - he's still tryin' to kickbut now both legs are together and real easy to ' can't get them apart sojustkind of stopped fighting.He stopped fighting?Yea|. It was just prefty much - and ttrat . that tends to be the case once theyQan't - they can't flail around. They don't have anything - they kind of losethe fight.

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AIl right. Um, when, ah, did you - do you recall, ah, if Mr. (Moore) wasduring the struggle portion screaming, yelling in any way?Yes.Do you recalt what he was screaming and yelling?Get offme. I remember hearing get off me a few - a few times. stop. Get offme. And that,s just - just general screaming, like, you know, kind of, um, just- just screaming. t mean, you know, screaming, "Get off,.'o There was a lot ofg.t off m" andihere was this just - just, you know, that, like, you know, youknow how sc- it's just a screaming. I don't know how to" 'Okay....really - just that...Was he using profanitY in anY waY?I don't remember specifically. I don't - I wasn't reaily listening, you know? Imean, youhear it, you hear certain things but you don't - I drownthem out, Ilisten-'I listen to them. I didn't hear any - any - any complaining or anythingit was just - just struggte.Okay. Did you hear, ah, any of the offrcers give verbal commands in anyway?Yes. Yeah. It was, "Stop resisting and give us your hands. Stop.' Stop,"iou k row. There - tt "r. was a constant - that was coming from severalpeople and I wouldn't be able to tell you who - which officers were doingwhat.Okay. Um, do you recall how you - Mr. (Moore) was clothed?The only portion of Mr. (Moore)',s body I - I saw was from waist down-Mm-hm.And it was naked.

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Waist dovm naked?waist down naked. Because I - when i looked up I had a pair of legs and tlrenI looked up and I saw bare butt.

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Bare butt?Yeah. And that's - I couldn't see further. I didn't know what blse, you know,I just couldn't see beyond that. I wasn't lookin' - lookini because I had my -my job.Okay. Um, now you said after the handcuffs were placed and you were ableto successfully restrain IW. (Moore)ls ankles, um, the fight was over for thesake of, ah, expression...Yes....and coltinue from there on. What - what - what you saw.Um, somebody - whoever, um, maintainedthe control of the ankles - whoeverthat other offieer was, i got up aod, um, there was a - sgrnebody Iequested aspit hood so, uln, with that I - I told - said, "I have them inmy yar)' And so to,Jroud.u.t I stepped up, um, and stepped away from them and,thought I told,you know, *ytoay down that my vehicle, 1720, tlterels spit hoods in the lfront of my du.ty bag which is in the passenger seat- 'OkaySo it's - they're in the front of that' Um, and then, ah, didn't hear anacknowledgement or anything so I said,

*Itll 'I'11 go down and get thern,"And, um, I believe there was - the FD was oa its way so"'Okay.... um, I went. Yeah. I figured I'11 go down and do - do two things. I'11 getttre spit hood and then I can bring the FD up with me. Um, that's what I did'I left the apartment.um, when he - when the stuggle was subdued what - what wa1 ah,lvII.(Moore)'s position while, ah, you guys were going for the - looking for thespithood, et cetera? What'.Ah, it - at lhat time still he - he wasi ah, still face down'Okay.I mean, this is atl - this aLl happened pretty quick'OkayJ 185

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um, so I got up and I left once - and once, as I said, once there was no longera nght evIryUoAy kind of was (unintelligible) came offhim'Okay. So...You know, theY weren't - wasn't.. 'So when you lefthe was still face down?He was still face down but nobody was on him anymore. I can then tetl thafhe was not wearing auy clothes oi a sheet. I - I mean, read mystatement. I - [iido,t really know. The only feason I put in his inthere is my.Sergeant last;ght ;i;d me to change his ankles.-And I' I - I honestly didn't krow maleor female at that time.Okay.I mean, I - I - it didn't matter' I, you know, 'cause, um' and' um' but' ah'V"J. in^t was the fust time that I c


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Yeah. Yeah.What you - what you, ah, said before?RightOkay. Um, are you, um, gt all, um, um, let me backfrack. Let me ask youthis. So, ah, theoffrcers who were there struggling wlth tVIr. (Moore) at thetime, right? And while you were stnrggling with Mr. (Moore), did you at allsee any-officer strike Mr. (Moore) in any waf Even with a hand or a closedfist?No.Did you see any batons usage by any officers on the scene?'No,Was there any other forrr of impact weapons that were used that you mayhave seen offrcers use bn Mr. (Moore)?Notthat I saw.Was OC deployed by any officer on the scene?No.was a firearm at all every used during this incident by any offrcer?No. ,'Was a filearm, atr, duty weapon used as an impact weapon ia any way?Not that I saw.Okay. Um, are you at all, um, certifred ifl drug recognition or (DRE)certifred?I'm not certified.Okay. Are you - based on yourtraining experience can you recognize,o*Lbody who is under the influence of - of, atr, illegal narcotics?Ah, yeah. withmy basic - with my experience as an officer I'm pretty goodat it, 787

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INTERVIEW IMITH OFC. (BRIAN) MATHISlnterviewer: Sgt, Hong02-13-1315:10 pm

Case# 2013-08510Page l8

764765 Q: Based on the amount of observation that you had of I\&. (Moore) during your766 time that you were restraining him do you - could you say based or your767 haining experience that he was under the influence of anything?768769 A: I didn't have that - enough contact to - to make - to say, you know, whether770 they were 550 or not.771772 Q: tuftn-hm.773774 A: Um, yeah. I'll say the amount of strength that, a[ normally I arn - I - I know775 what I'm doing and normally the amount of pressure and the amount of776 weight and strength that I used to cross those ankles is usually enough to777 handle most people. fIm, this individual was, you know, maybe that was part778 of the cause. I don't know. But I didn't have enough contaot to make that779 evaluation.780781 Q: Okay. Ura t knowyou said you were concenftating on ankles. Is there782 aoywhere of your - any recollection on your part as to the position -783 positioning of certain offrcers as they were frying to handcuffand control the4 upper portion of Mr. (Moore)'s body?85786 A: No. Like I said, the only one I know from (unintefliglble) was Officsr Tu and787 that was - he was along the - along the right side kind of laying along the side788 of him or on toP of him'789790 Q: Okay.7917gZ A: 'Cause that - thaf was the only officer and the only reason I know that is793 because of the position they were in when they were getting kicked. And then794 I found out later that was actually - that was Officer Tu,795796 Q: That was Officer Tu?797798 A: Yeah.799800 Q: When you say he was laying on him, how could you describe what you mean801 by that?80203 A: Well, all I saw he was - he was tryin' to use - being a larger - he's - he's04 another officer of - of - who has size and weight. And in a struggle like that05 when you're ground frghting you want to use your weight to - to help assist06 yqu to control that individual aS much as p0ssible'

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Or maybe help wear them out. There's - thele's several different things thatyou can do. So you use every advantage you have. And when younre bigger,you use that advantage.Mm-hm.And that's kind of what he seemed to be doing was - was layrng on him to tryto use it as body weight to keep him down or to control him as - as he was.Okay.That' that's what it appeared to...Got it. And to your recollection he was doing so because of }dr. (Moore) wasnot yet restained in handcuffs? 'Cause he has not yt been restained and hpwas control Mr. (Moore)?Yeatr. That,s - I - by - by what saw I di&r't think there were any cuffs on atall.Got itAll right.What part of Officer Tu was on what part?He,s laying, um, his feet when I come in, um, the - the watl that i talked aboutas you walk down that hatlway, ah, Officer Tu's pretty much on the(unintelligible) on - on the right side of him. Kind of on the right so OfflcerTu's against the - the body on the - on the:right side I g- I'm guessing- Um,brt he was - he appeared to be morg like, tryin' to hold the hips and - and theuppertorso down. That's w-hat it appeared' Imean, it's...Did - did it appear that there was weight being put on the upper torso or just inthe hip area or both?well yeatr. I mean, that's where his body was ocause thal's where the feetwete coming up 'cause he was actually down on the hips. He was - his -enough of hjs body was dowr on the hips thathe was kicked as, you know, asI said, that swimming - that swimming motion that the - that Mr. (Moorg)doing was - was kieking or was bucking Offrcer Tu'And where was it hitting OfFrcer? Where - where? ,l89


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INTERVIEW WITH OFC. (BRIAN) MATHISlnterviewer: Sgt. Hong02-13-13/5:I0 pmCase # 20I3-08510Paga20

854 A: In the legs and - and legs and - and kind of lower - lower torso area. You855 know, he was just kicking his legs, Mr. (Moore) was kicking and bucking856 him off.857858 Q: AkaY.859860 A; Yeah. It wasn't really necessarily somebody when you think kick you think it861 involved a kick or a - a mule kick or something like that. It wasn't like thatBGZ type of kick. It was more of a, you know, like I said, like a swimming, like aS63 bucking action.864Bd5 Q: Where - where - could Officer Tu's position was it - did it - could it in any866 way - it couldn't effect howMr. (Moore) was able to breathe being face567 down?868869 A: No. Nosir. It-itdidn'tappeartobebecausehewasyelllngandscreamin'.870B1L Q: Okay. Ah, and - and 4gain, you came in when the fight was already - had872 already been begun. It was in the middle of it'873'4 A: They had been goin' at it for a while.876 Q: So what ever happened before you, ah, ah, carne, you wouldn't know what -877 what kind of struggle Mr. (Moore) put up with anybody else.78

7g A: Yeah. I don't. Tbe only reason I know anything is - is - is conversations80 afterwards,81 Q: So, ah, so you hear the request for, ah, the spit hood and, *, th, you then randown to Your car.

A: Mm-hmQ: To get the sPit hood.A: Mm-hm. Yes.Q: Um, took the elevator?8g2 A: Yeah.Q: Okay. And you - you - where'd you park your car?

7 A: I was right outside the front door. I mean, I was .I was the first car then. Soother - the other cars were - were sat in a more tactical position- The firstI g0


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three people that were there nobody was parked in front. I - I slipped right init - first to the sceneOkay. (Uninteiligible). One last - one real quick question which is while youwere in the apartment di:ring the struggle or at any time in the apartment,could you hear Mr. (Moorefsay that he needs an ambulance or mediealattention of any sort?No.Okay. And so you're now down - [;m sorry. We'll take you back'Okay.You're down at y.our, ah, car getting a spit hood. Did you hear any radiotaffis that was of significance of or of 4 un, that (unintelligible)?I heard, urr, it was - it was noisy downstairs. There was - there was - it'staffic and things going on down there but I - I heald doing CPR and I kind of.I - t turned to someUoAy ehe down there and I said, "Did I - did youjust heartha{|" And the - then they confirmed, "Yeah. That's broadcast"'i\,{m-hm.So at - at that point I was just waiting for, ah, I stillwaited for BFD.Okay. So you waited outside?I still - I stayed by the door to make sure - that was still my - my job waS toget them up there as far as I was concerned.So they can get into the building because.Yes. I was gouna escort them through the doors, get to the" 'Got to inspect them.Right. And then - and literally we did when - there was abunch of kidsg.[io' offthe elevator and I parted the sea to get them out df the way and giveus a ciear path to get in the elevator and get upstairs'okay. um, so, ah, the - the radio broadcast you made regarding cP& BFDeventually arrives and you escort them upstairs. [s ttrat cogect?'Correct.

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Now when you get upstairs now what kind of - what do you observe whenyou get upstairs? What did the Fire - Fire Department do?Um, Officer Tu - I walked into thE apartment and Officer Tu was, ah, well hewas really the only one I could see and he was doing CPR. Mr. (Moore) wasnow, ,rm, face up on the floor aud they had actually, al:, rolled him, um, rolledhim on to the - lie *us off that mafiress thing. So he was more in the middleof the floor in the middle of the room. Um, and Officer Tu was doing CPRwhen he traded out with a, ah, firefighter - one of the firefighters took over.,Um, I grabbed Officer Tun ah, he kind of stood there for a second and I gothirnout because it was hot, you know, and then I knewthpt he lad alreadybeen in a sffuggle and then he was doing CPR so I knew he needed to getoutside and I -i - myself and somebody else said to get him ouL so we - wewalked him outside to get him some air ocause he probably pretty spent.Okay. And wh- and then that's when the c- um, paramedics started workingon Mr. (Moore)?Ah, yeah. I don't know from - when I sawthe exchange stuffthat was the lastbecause I took him. I'm sony, Offtcer Tu, urn, and got him out. I just - myconcem was now that the firefighters are there, like, figured they were on Mr.Mocre, like, I,m not of any use, I'm just in the way in there. so I just - I tookhim and got him outside.And you both went outside.Well I took himtoo. Yeatt.Okay. Um, at - at what point did you, ah, thete's a lap in tlat' Wh- whatwas?I stood, um, I just stood outside as kind of hall securityjust to make surenobody - theri were b- a lot ofpeople looking and watchinq and I just wantedto make sure nobody, you know, there's - I didn't want anybody walkin' bythe door or anything. lnterfering with anything that was going on in there soI stayed out in the hall - I just stayed out in the - right in front.of the

door'other than, ah, the of[rcers Tu, Smith and (Brown) that you meutioned, orwith (Gardner) because you came up with him, do you recall now any otherofficers that may have arrived during your struggle, after - after the struggle,while you were standing guard?well ap i said, you know, Kastimiler I know was there 'cause i ended upspending time with him. fiz

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INTERVIEW WITT{ OFC, {BRIAN) MATHISIntervicwer: Sgt. Hong02-13'13/5;10 PmCase # 2013'08510

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Okay:But I don't know and - and now if I had to - I - I don't know what point hewas therE. Like, he may have been the guy that came up - the third one. Um,of - of course there were - there were other officers that showed up to assist,um, I know somebody else, um, Offrc.er Mclntosh was doin', atr, help with thearea checks that we werg eventually assignedto.Okay.Um, who else? Smith, unq oh, ah, Officer (Kaplan) was - I don't remember ifhe was actually there on the scene or he was downstairs to help trans-tansport. I don't know if he was actually up on the scene now that Imentioned. No. H e - he was there. I remember seeing his face.

Kast- Kastimiler is K-A-S-T-I-M-I-L-E-R' Mclntosh, M-C-I-N-T-O-S-H.Kaplanis KA-P-L-A-N. I'm sorry. Go ahead.Glad you did it. I wouldn't have remembered.Okay.

Um, but" ah, that's, you - you know, as I - as I said, my - I don't - wasn'treally anything thgt I worried about, you know, focusing on who was there, I*".n't kieping hack of names or anything. That wasn't my job to do that.So, um, at - at - at a certain point in time, the, ah, fire and paramedics took Mr.(Moore). Is that conect?Yes.Okay. And, ah, um, so they've - they've taken Mr. (Moore). find were theystill working on him while they were taking him?Oh they had a machine on him.Okay.They had some kind of machine that was workin' on him the wtroie time so Ihelped some. The only thirk I did - I did step back in as they w-ere trying toget the gumey in and we need to get all that - that mattress stuffor whatever,il to*r[ out ihat it was actually, like, trllro or th- two of them I think or

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somethin'. And we stuffed them into the, um, Of- Sergeant Phillips' -somebdy - either somebody was handing them to her or whatever and I kfuidof holped her stuffthem into that, ah, it was actually a bathroom.(Uninielligible) just to clear the way so tlmt they could get the gumey in andget him on the gumey. So. Oh and then they - they - I kind of tumed andiaced 'cause so a bunch of people to the east apd so I kind of as he came ou! Iturned and faced so that they - makin' sure nobody else came and got(unintelligible).Okay. And eventually you - you left. And so Mr. (Moore) was taken by theparamedics.Mm-hm.At what point do you leave the scene?Um, not for a while. Um, because I'm - Sergeant Cardoza assigned me to do,ah, ah, check on the-..Canvas.Yeah. I do a canvas but he specifically wants me to check on neighbors oneither side and see if they hemd anything specifically prior to our arival. His- his instructions were make swe you - you find out not justthem hearingwhat - what's with us but if ttrey heard anything else prior to. Any kind of415 because I think the original call there was - was some type of disturbance.So if they heard any disturbance or any aIping oq anyhing prior to ourarrival. 3o, um, the couple - the first couple that I spoke to _were those onesthat, um, mfL was at 513. They were actuallythe fust couple. Well I say 5-onmyreportlsa/.Ikindofwentanddiditthewaylhaditwrittenbut5l5Isay I1o one home. But I actually contacted 514 fir- or 513 first because theywere - there were there. I could see them. So I talked to them first and then I- I went over and checked 515 and there was answer. That one was dark'And that,s why I kind of looked and it was dark and I didn't see anybodythere so I - I tookthe one that I - I knew I hadtwo warm bodies, And I wentand talked to thpm first. Then I walked over 15 and then Sergearit Cardozaasked me to continue on, Um, and I knew there were also people in, ah, 512,$o tr went there but they - they were - they had just been sightseeing once wegot there.Okay. And, ah, what - what, ah, the folks from ah, ah, these addresses toldyou, it's reflected in the poiice report?Yqs.

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INTERV]EW WITH OFC. (BRIAN) MATHISInterviewer: Sgt. HonE02-13-1315:10 pm

Case # 201 3-085 I 0Page25

rc79 Q: Okay. Um, so when you do- after doing that you, ah, according to the police1080 report you stood by while, ah, Crime Scene Technician Jamison, J-A-M-I-S-1081 O-N, took photographs of the apartment?10821083 A: Right,1084 Q: 5147

A: I was assigned to security so he just told me to stand outside and let her do herthing and assist if everybody else needed anyttring' So.

Q: Andthe last portion of this report you say that when she - she - Tech Jamisonfinished you locked the door and returned the keys to BPD jail.t0g2 A: Correct.Q: BPD jail. Return it to whom?

0g7 A: Um, I gave them to one of the jailers, um, and I don't know this other par$. Inever saw him until that moment so I didn't - I had no contact. Apparently he]9 was the roommate with this person so I - I have no contast wittr that :individual. Those keys were brought out to me by Officer Smith. This was anindividual that I later found or.rt that Officer Smith had down in the car.(Jnintelligible) and that he ran back upstairs I guess or somethin' when heheard the - the call for asslstance. [ - I'm not sure how that chronologyworked. Idon'tknow. Idon'tknowhowthatworkedgutbuthewas-Iremember - remember Officer Smith saying I got a guy in my car. I gotta 8oback down to my car. You know, but, yeah.

e: Um, all right. So a couple follow up questions. So you never spoke to thatgentlemanyougavethekeysto. HisnameisMr.(Hayes). Younevergave10 him - you never had any conversation with him.A: Um...Q: Before or after?

11516 A: No. You know what, and that - the only thing - I did say something to him,uR, at, like, leaving - as I was leaving the jail because the caretaker, Mr.(Edw.ard$ or something like that.Q: No. (Sterling)?

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(Sterling). That was it. (Edward Sterling). (Uninteliigible). Um, we were,ah, Officer Kastimiler was taking his witten statement and assisting him withgetting his belongings out of the - out of the apartment.Okay.Un:, andthat he was trying - he wanted to get in touch with the - the - Mr.(Hayes). And he didn't know how to reach him so I told Mr. (Hayes). I said,"Hey, Mr. (Sterling), um, is gonna try to reach you tomerrow." I just gavehim that message. But the keys - the keys I gave to the jailer thatwas doingbooking was booking his property because he was in the middle of doing, ah,fingerprints. So t just passed that message along to him.When you - I'm sorry. Some follow up questions.Okay.When you arrived was there anybody else other than Mr. (Moore) and thepolice officers inside tle aparhnent?No.Okay.But the night, you know, I couldn't - I couldn't see. i don't know how big theaparhrent was or anything else but (unintelligible).Okay. Now when you - you said, ah, briefly ttrat you kind of knew what thiscall was about. Can you recollect what the call was about before youresponded to the request for assistance? What did you know in your mindwhat the call was about?All I knew - initially all I knew is that there was a 415,and I didn't know thesubject. Who the subject was until somebody told me and then I put two andtwo that this was a person who is, um, their condition as far as male or female(unintelligible) and I - I - it clicked because I'd sedn those calls before. I hadseen their calls but I never had contact with them. But all I knew is that it wasa415 in" ah, at - at the (Guy). I didn't know the situation of it. I didn't knowthe individuals involved. I didn't know any of that. I didn't put that togetheruntil afterward.Okay. Um, you know when, ah, there was a struggle inside the apartnent...Mm-hry.

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INTERVIEW WITH OFC. (BRIAN) MATHIS.'%;'ffli,?l,i;'HCase # 2013.09510page27

1167 Q: ...with, you know, Officer Tu and (Brown) and bverybody else, do you know1168 do you know why they were frying to pui handcuffs on ttk. - Mr. (Moore)?i 169 Do you know the reason for it?1170llTl A: Yeah. Officer (Brown) said something to the fact - and this is when we were1172 all - but, like, I was - I was leaving, um, to go get the spit hoods and literallyll73 was happening like that. She goes, "AIl this over a $10,000 warrant."n741175 Q: And who said this?11761177 A: Officer (Brown).

I 1781l7g Q: Okay. All right. So you knew it was, ah, so you were informed when you180 went to go get the spit hood? That was in going?1182 A: Yeah. I heard her say - I - I heard her say that (unintelligible).183 Q: Okay

she didn't say it directed at me (unintettigible). she just kind of said, "All187 this for a $10,000 warranr?" Something like that.1g Q: And, ah, while I'm seeing - while, ah, having left to get the spit hood andhaving escorted both - both the frre and paramedics back, do you recall whichsupervising units were there, meaning sergeants? Do you know whichsergeants were on scene at any given point?

193 A: Cwdozaand Phillips were the two main supervisors in the apartment. Irememberseeingthem both.196 Q: Okay.A: Literally (unintelligible) the wrap and alt that. They were there pretty quickly.Q: OkayA: Um, if Sergeant Ross showed up it was literally outside, never came in theapartment and - and left. I don't - he did not because of Sergeant Cardoza. trtwas his scene. As far as between Phillips and Cardoza there was...Q: To your recoliection the super- the senior supervisor as we call it here inBerkeley, the senior supervisor was Cardoza?A: C ardozaseemed to be the - the primary supervisory and Philiips was assisting.1 I was - that's how I - as I was watching how the calls were being made and

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INTERVIEW WITH OFC, (BRIAN) MATHISr%ilH:ii,t,HHCase # 2013-08J10

who was doing what, that would be my - and - and Officer (Brown) beingunder the supervision of Sergeant Cardoza.Okay.'Cause he's our team supervisor. So that's how's that kind of...Ah when you head the radio broadcast that, ah, there was - they wore doingCPR on Mr. (Moore), did you hear before or immediately after a call for codetlree ambulance, medical? Did you hear any ofthat?No. I didn't. I didn'thearit. I knewBFD was coming. I - Iknew- I knewatsome point EFD was comin' so as far as the - the spit hoods and - and whenthey were - I - I don't recall, you - you know, how that, you know, request formedical and when exactly it happened. I - I didn't - I didn't hear I ve$us, yottknow, they say some could.All right.And I di&r't hear it.Okay. Was there any other rank, ah, present besides officer and sergeant onthe team or anyone near the scene to your knowledge?No. Not that I recall. I - I don't recall seeing lieutenant or anything.I don't have anlthing.Um, you said you applied the wrap strap to the ankles.Mm-hm.I'm guessing itneeds to be tight to be effective butwas it so tight that it wouldcut offciiculation in any way?No. I - I don't believe so.Okay. And - now during the time that the subject was struggling with theofficers when you entered you mentions that - that your couid hear the subjectscreaming, sayrng things?Yeah I didn't, It was just that it's - a lot of times you'll get them,, ah, people,ngt - not Mr. $doore) specifically but they're just - they're just blood curdlingscreanL like, you know, you're - you're hurting them or you're trying to dothis and it just - it's almost like a - I don't know. I' t - I was kind of

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INTERVIEW W}TH OFC. (BRIAN) MATHISInterviewer: Sgt. Hong02-13-13/5:10 pmCase # 2013-08510Page29

sometimes it's sort of an attention but that's it, you know, and it - "Get offme," I remember, o'Get offme." I remember just freaking, jus! you know, 'like, ahhh, I don't - I can't ever\ you know, it was just - it - it, it was justscrcaming. Just - just not - not pain. More of - rnore of, you know, his angerscreaming and, "Get offme." Not (unintelligible) nothing specific.Okay. Thatos it for me.Anythi-ng else do you think, ah, you want to add that we should be awarg of?No. I think we covered eveqrthing.Okay. Oh, have you ever prior coatact with Mr. (Moore) before?I think I mentioned &at earlier. But no I have not- I know of him but I'm as Isaid, he's - he's a rather unique individual.Do you have or not prior knowledge of that name? (Xavier Moore).The uame \Houldn't necessarily click to me. [t would be &e totality ofcircumstances because fte calls are always * geoerally.tfueoaes=fiarl="remernber'.arermom=eatlingrsqgesting-maybeS:150 b-eeuuse,he's-doing:drugs "and he's just - roommates are all gonnt, you know, every - it's just like whatwe - what I've referred to as a (unintelligibie)usert'Uses'a&ul,tit{rde=of*,di{brent"ifuugsarddt,ryill=aBftiall5r,beirrthose.calls-,rryher'r.tte motherartually-.say-s- And I'v.e looked for calls and go, 'oWell I kid of - ['m not gorura asslgnmyself that but I1l kind of get a little closer just in case." If it goes sidewaysI'm there to help my beat partners out. But Iove never got assigned to one ofthose calls.So that's the fust time you ever saw and met Mr. (Moore)?Yes.Got it. Got it. fuid the other (Sterling) and the other guy you didnit? Or metthem?I have never met them again.Mr. (Hayes) or Mr. (Sterling)?No. No contact prior.That's it. It is, ah, 1758 hours which is, um, 5:58 pm. End of interview withOffrcer Mathis, M-A-T-H-I-S.

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INTERVIEW WITH OFC. (BRIAN} M.,{THIS.lnterviewer: SgI. Hong02-13-13/5:10 pm

Case # 201348510Page 30

This transcript has been reviewed with the audio recordfuIg submitted and it is an accuratetanscription.Signed

Documents

In-Custody Death Investigation - Xavier Moore (Part 5 of 11). Interview with Officer Brian Mathis (#80)