In-Custody Death Investigation - Xavier Moore (Part 9 of 11). Interview with Officer Nikos Kastmiler (#104)

7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 9 of 11). Interview with Officer Nikos Kastmiler (#104).

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STATEMENT TO INYOLYED OFFICER:

Officer,C 1L4J Ei3g-l-r*./t t\-.eJlryou are being rcpresented here at this interview byyouf attofney, . You afe flot in custody and you ate ftee toconclude the interrie\il at anytime. You are flot obligated to answer any questions.

Any answers you do give may be used in a coutt of law. Having dris in mind, do you

wish to volunarilyproceed with the interview?

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INTERVIEW WITH OFC. (NIKOS) KASTMILERInterviewers: Sgt. Hong, Det. Johnston & Harry Stem' 02-13/9:39 PmCase# 2013-08510

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trNTERVIEW WITH KASTMILERQ=Sgc HongQl=Detective JohnsonQ!=Harry Ster.nOfc. (Nikos) Kastmiler

February 13,2139 hours. Ilterview with ofEcer (Nikos) Kasfiniler. I amSergeant Hong. H-O-N-G.17 Ql: Detective Johruon. J-O-H-N-S-O+I' Batge26.t819 Q2: I'mHerry Stem. S-T-E-R-N.

And I'm Offi.cer Q'liko$ Kastniler, That's K-A-S-T-M-I-L-E-R' Badge#104.Thsnkyou. Uh, state yourrank Officer Kastmiier?I'm a Police Officer with Berkley. Police.What was the dats of yourhire withBerkley Police?Well, I - it was uh, sometime in Decembet of 2007. I don't remember thedate exactly.Do you have any prior law enforcement o- experience pri- uh - uh, prior toBPD?IJh, no.Which patrol operations team do you work?LIh, Team 4.qk"y What are the normal days work and normal hours work for Team 4?The uh, normal days are Monday through Thursday. The hours are 8:30 p'm.to 6:30 a'm'

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4647 Q: Okay. When I say yesterday, that merns, uh, February 12th, Tuesday okay?4849 A: OkaY.5051 Q: Curently, it is February 13th, uh, Wednesday, okay?5253 A: OkaY.5455 Q: $o what was your call sign during yesterday's sffi?)b57 A: Itwas uh 4Adam7.58Sg Q: And uh, wtrat area or beat were you assigned to during yesterday's shift?606l A: Yesterday's shift,I was beat 7 which is uh, South Campus are4 Berkley.6263 e: Who were your supervisors druing yesterday's shift and during yestbrday's64 incident?'5 A: Uh, Sergeant Phillips and Huynh'2l e: Okay. Phitlips is P-H-I-L-L-I-P-S and Huynh is H-U-Y-N-H and I meant to69 'ask for elarification, who are your supervisors. Not supervisor's on scene but70 supervisors and you're still Phillips and Huynh?7l72 A: Yeah, mY Team suPervisots, Yes.7374 Q: And they are your normal supervisors?7576 A: Yes.777t e: Utq when was the last shift you worked prior to yesterday's shift?7980 A: So yesterday being Tuesday night, the uh, shift that I worked prior to that was81 MondaY night. 8:30 to 6:30 am'8283 Q: 6130 a;m. TuesdaY moming?8485 A: Yes.8687 Q: Got it. All right.'8o9 A: Last night.eo zls


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INTERVIEW WITH OFC. (NIKOS) KASTMILERIntelviewers: Sgt. Hong, Det Johnston & Harry SternA2-13/9:39 pn

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Do you hold any other secondaryjobs?No.Did you work any overtime prior to yesterday's shift?No.

Okay.But that's the onlY one.Uh, have you consumed any alcohol in the past 24 hours?No.All right, Do you have any medical conditions?

No.Before yesterday's shift, when was the last time you slept and how long?Before yesterday's shift, uh, I slept from about 7:30 in the morning to about -about ::30 in thl aftemoon. That - so that would be Tuesday during the day.During the day TuesdaY?Yeah.And you reported to work Tuesday at 8:30 in the evening?Correct.Okay. Did you sustain any injuries during yesterday's incident?No.Do yoir wear corrective eye glasses or contact lenses?Yes.

Have you any * have you taken any medication, prescription or otherwise?Any prescription medications?

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Do you wear- which one do you wear &uing shift?Uh, I nonnally wear uh, contact lenses.Contact lenses. Uh and you wore contact lenses yosterday?Yes.{.Jh, starting from your belt,buckle, going clockwise, could you describe whatit is - what duty gear is on your duty belt?Okay, going clockwise. Uh, from the belt buckle, it's uh, two magazines, then,h, next thi*g uto, smith & wesson .40 caliber deparhent issued and thennext on that ii a set of handcuffs. Next from ttrat is another set of handcuffsfollowed by a belt flash light. A radio from the departnent. A collapsiblebaton. OC Peppers spray and uh, key pouch.Did your duty belt or duty gear sustain any damage from yesterday's incident?No.What vehicle make and model were you driving? What's the vehicle number?

It's a Ford Crown Victoria, uh, vehicle 1735.Uh what kind of markings and emergency equipment is onthis vehicle?It's uh, marked black aild white. AIso overhead police uh, lights marked withBerkley Police Departnent on it. :Do younormally drive this particular vehicle?Yes.Uh were you a single officer or a paired officer car?Single officer.All right. Now you prepared a supplemental police report. & - tr, for thisincident, conect?Yes.

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Okay and uh, it's in front of you. Could you uh, read it for us verbafim?

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A: Sure. On 02/13t13 at approximately 0030 hours; I heard Officer Brown sayover the radio to "send epergency cover." I responded to 2116 (Alston)Way, #514 to assist. I arrived on scene and entered the apartment. I observeduuiry large male, later iderrtified as (Moore) laying face down on top ofamattress with officers struggling to control him. Officet Two, Badge #38,Officer Brown, Badge #16 and Officer B. Smitb number three, werecontrolling (Mooie);s arms and legs as he stuggled to break free from theircontol, (ltdoore) was handcuffed and I assisted in contmlling (Moore)'s armsand preventing him from getting up. I remained v'/ith (Moore) - sorry, excuseme * while *uiting for BPD offtcer to bring a lvrap device for (Moore). Whiiewe were deployurg the wrap, (Moore) stopped struggling. we rolled (Moore)on to his bft side. About a minute later, Offrcer (Brown) stated that, (Moore)had stopped breathing. We checked for a pulse and noticed that he no longerhad a puise. When wi disc.overed this, we immediately removed (Moore)'shand;trs and taid him flat on his back. we began doing cPR on (Moore)until BFD arrived on scene, begau emergency teatment.' I remained o[ sceneand contacted (Sterling). (Sterline) was inside the aparhnent wittr BPDofficerc and (ltioorei dwing the initial incident. (Sterling) provided a wittenstatement about the incident. See attached written statement.Okay, thanks. Okay. So you were on routine patrol when you heard a radiotffic, correct?Yes.And you said, g[ according to the police report, that the radio taffrc said,o*.thiog to the effect of send emergency cover and that was made byOffrcer Brown?Yes-Okay. Where were you * w'here were you when you heard this radio traffic?I don't remember where exactly I was. I was somewhefe on Beat 7 area' Um,somewhere on my normal !eat. I don't remember exacfly though'Okay. And youresponded uh, in what fashion? Which code?Code 3.okay., And when you arrived uh - uh, how did you enter the building?

TNTERVIEIV WITH OFC. (NIKOS) KASTMTLERInterviewers:'Sgt. Hong, Det. Johnston & Hany Stcm02-1319:39 putCase # 2013{8510page 5

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The uh, building was already propped open by a door. Um, I basically arrivgdon scene the same time as Officer (U"ttiO and (Gardner) and uh, the tluee ofus, took the elevator together.Okay. So you ascended - you went up the * with the slevator, you got to thefifth floor in front of aparlment 514, conectlYes.Okay. When you anived, uh, at apartment 514, um, was the door closed oropen?Open.Okay. Um, when you yotuself entered aparhnent 514, what was tlre first thingyou observed?Uh, we observed a very large male uh, laying on what looked like a matfess"fr, io the comer of the aparhnent. Utr" he was layrng on his stomach and uh,there was three officers in there. Officer (Brown), (Two) and Officer (Smith).Um, it was apparent that they were strugglihg to confiol him and that he waskicking and flailing aroundWhat did you do uPon seeing that?When I saw f.hat, I rushed over there to assist and controlling his anas' Urn, [ ,- I held his arms while he was trying to bring them up and also trying to getback up.Okay. So when you said you tried to control his arms, were you grab - wereyou -tying to contol both arms or - or did you have a particular arm you weretyrng to control?I was trying to grab both arms. I noticed that he was already in handcuffs, butagain, fr. *L Oying to bring his arms up and he also tied to grab my wistsrrlnil"tr* was holding there, but I was trying to hold both of his arms to keepthem inthat position.So when you arrived and you went in to assist, he was already handcuffed,correct?Yes.Uh was it one set, two sets, three sets? Do you recall how many sets Werolinking his arms together? 277

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INTERVIEW WITH OFC. (NIKOS) KASTMILERlnterviewers: Sgt. Hong Det. Johnston & Harry Stern02-13/9:39 pmCase# 2013-08510pageT

I don't remember how many cuffs were used.Okay. But even though he was handcuffed, you described him still activelyresisting, is that correct?Yes.Okay, like when you were saying that he tried to get - was he trying to - what- describe a little bit more in detail what he was doing as he was resistingeven ihough he was in handcuffs.He um, I remember his legs were flailing around and he was trf ing to kick uh,offieers offof his legs. He was trying to basically stand back up it seemedlike.Okay. . And what kind of force were you using to keep uh, control of Mr. uh,(Moore)?I was holding his two um, arms and uh, I was also using my shin and knee onthe back of his left leg to keep them stationary on the - on the mattress.Okay. Do you reclll uh, while you were tying to r*r, maintain conhol of Mr.(Moore), (Xavier Moore) that's this deceasedperson, when you're trying to tmaintain control of Mr. (Moore) whatwas - can you recall what Officer(Twolwas doing?r - I...Ifyou can recollect?.,.1 rememtrer he was there. Uh, I don't reme,nrber specifics on whal he wasdoing. We were all trying to basically prevent him from getting up qndcontinuing the fight. I dontt remember specifically what he was doing though.Okay, do you remember his positioning? What Mr. (Moore).-.He was standing uh, opposite me and so if (Moore)'s laying on the ground,Iwas closest to his left side. Offrce (Two) was um, on his right side.Right side?Yeah.

,ls he on the ground or on the matbess?275


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"*#'r'o'ii:33f,7age g313314 A: I'm sorry. While he's uh, stomach down on the uh, mattress.31s316 Q: Okay. Where was Officer (Brown)?lil A: officer (Brown) was.to the left of me, urr, closer towards the upper portion of319 hisbody.3?032t Q: What about Officer (Smith)?322323 A: Officer (Smith) was to the right of me uh also, again on the left side of his324 body.375326 Q: To the right side or left side?

327328 A: Left side is what I remember,329330 Q: Left side? Okay. All right.331332 A: To my right, but offto the left side of (&Ioore)'s body.{J Q: Okay. Allright. Um,uh,doyourecallwhatOfficer-whichbodypartofMr.335 (Moore) was he was grabbing ontc?336337 A; No.338339 Q; Okay. Uh, I forgot to ask, what about um, Officer (Brown)?340341 A: No,I don't.342343 Q: Okay. [Jh, do you recall any oilrer officers arriving to it - well what was44 Officer (Mathis) doing? Do you recall?

A: I believe he was tying to control (Moore)'s legs. Um...Q: Okay, what about Offlrcer (Gardner)?A: I believe he was also hying to do the same thing,Q: Okuy. All right. Um, at this point did any other officer anive to assist inaddition - excluding the room. You guys are already there. Do you knowwho else anived at all?

- 5 A: I - I know uh, Sergeant (Phillips) and Sergeant (Cardoza) um, arrived shortly7 after but any other officers, I'm - I'm not aware of.279


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Okay. So after the handcuffs are placed and was there a - well - do - do youknow, was it successful, Officer (Mathis) in restraining um, his legs? Mr.(Moore)'s legs?I - I could - I wasn't activoly watching him so I don't know for sure. I doremember his legs were flailing around.

366 Q: Okay367368 A: But I - I - agai4 I wasn't looking directly at what Officer (Mathis) was doing,369 so I don't know.370371 Q: Uh durine - during this portion while you were present gd Mr. uh,372 (Moore)'s - would you say that even though he was handcuffed, he was373 activelY still resisting?374375 A: Yes.376'17 Q: Was he yelling anything? Was he saying anything?379 A: No38038I Q: Nothing?382383 A: No.384385 Q: He wasn't yelling at aily point? At that time, he was quiet when uh but he386 was physically resisting but at that time he wasnlt yelling anything?387388 A: Correct.389390 Q: When youwere there? Okay, got it, Um - um, let's see. Did you, at all hear391 IVIr. (Moore) uh, while you were there with him ver- verbalize and say, I could3gZ - he - that he couldn't breathe or that he needed medical attention or that he393 was hurt in anY waY?394395 A: No.3963g7 Q: Okay. Now, did you at all see any offtcer, to your recollection, uh, putting398 pressure on Mr. (Moore)'s head or neck?3990 A; No.

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INTERVIEW WITH OFC. (NIKOS) KASTMILERInterviewers: Sgt' Hong, Det. Johnston &_Hf,r#

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What about putting pressure on his chest area, stomach area, diaphragm,etcetera?No.So, now explain to me after - was there at any point, Mr. (Moore) calmsdown?There was a point when we basically uh, had the wrap and we were kind ofunstrapping the wrap and I believe we initially put ttre leg resftaints on himwas kind of when he stopped uh, resisting, basically'Stopped physically resisting?Yes.Okay.But I believe at that point, he was already on his side.Okay. He was already on his side.When ,ive wefe trying to figUre out horv to deploy the wrap because he's alarger individual uh..,Okay...while that was going on, Yeah.To your ree- best recollection, how do you describe uh, Mr. (Moore)'s heightand weight?LJh, very large in stature. Heavy stature too.Can y.ou gv9 an estimsted poundage or no?Probably about 400 poundsOkay. About howtall You think?

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That's what it seemed like, Yeah.

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447448 Q: Okay. Um, did uh, during the brief rnoment where uh,'Mr. (Moore) was still449 struggling, did you hear any off,rcers commanding - making any verbal450 commands to uh, to Mr. (Moore) in any way? Telling him * giving him451 orders to calm down? Giving him orders to Stay still? What - whatever you452 can recollect.453454 A: I do remember somebody saying to uh, calm down and stop resisting. I don't455 remember who exactly said that, but remember hearing that.456457 Q: So he was placed on his side you said, correct?458459 A: Yes.460461 Q: Do you renrember which side, left or right?462463 A: Left side.464465 Q: Leftside. Andatthispoint,he'scalm. He'snotresistinganymore?'6607 A: Correcl468469 Q: Okay. To the point of - so he's now calm and you mentioned early on in your47O interview that he started having uh, difficulty breathing, is that correct?471472 A: Yes.473474 Q: Okay, well how long was that time span berween the time he went calm to the475 time he started having diffrculty breathing?111 A: I estimate it at maybe a minute or so.47847g Q: Okay. And uh, did you yoruself notioe that he was having difficulty or did480 somebody - some offi.cer say something that prompted you to uh, notice as481 well?Xi? A: No, well officer (Brown) said uh, I - something uh, to the effect of, "I think484 he's not breathing." At that point, I wasn't aware and uh, I tried to c,onfirm485 also.48648? Q: Youtried to what?488'q9 A: Tried to confirm that he wasn't breathing' r.,

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492493 A: And tried to check to see if he was affer I heard her say tttat.494495 Q: Okay and you when - you wanted to ky to check to confirm, what were you496 doing to confirm if he wasn't breathing or not?497498 A: Uh, I - i put my hand kind of on his - his stomach to - well, stomach, chest499 area to see if I could feel breath coming out or his chest rising...500501 Q: Mm-hm.502503 A: ,,.and lowering, Um,I didn't feel anything.5A4505 Q: Anyttring else that you do?s06507 A: I hied to c.heck for his pulse. ,Um, I wasn't really able to because he was stilt508 in handcuffs. I was trying to but I couidn't feel for any pulse and I wasn't509 sure if &at was because um, the handcuffs were interfering with it or just that510 he didnlt have a pulse.511,2 Q: Okay. Um, so when uh, that occurrd, what - what occr:rred next when -513 when you guys uh, realized he was not breathing?5t4515 A: When we realized he wasn't breathing uh, and that he n6 lsnger had a pulse,516 we immediately took offhis - his handcuffs and uh, rolled him onto the floor,517 flatonhisback.518519 Q: What part did you take in the un- in - in the removal of the handcuffs and520 roliing him onto his back? Do you recall?521522 A: Uh, I believe I was holding onto one of his wrists m&ing sure that um, ifhe523 was awake and - or if he did wake up, tllat he was not going to actively resist524 again and continue frghting so I believe I was controlling one of his wrists525 while we were taking the cuffs off.526527 Q: Okay. Do you recall which officer re- released the cuffs from the wrists?528529 A: I don'L530531 Q; And um, so he's on his back and you - and you uh, and the officers started532 CP& is that correct? '33'74 A: Yes. ' .:,5 Q: Ard which officer had what role in the CPR, if you recollect?

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s37538 A: [Ih, I remember Offieer (Two) was doing the chest compressions.ili Q: okay. And then do you recall uh, if any offrcer sutrmoned the laramedics?s4l542 A: Yeah, I believe um, they were - they.were surnmoned. I don't recall who was543 the first person to call for BFD.544545 Q: N,Im-hms46547 A: But I do remember hearing over the radio, somebody requesting paramedics.548549 Q: Okay.

550551 A: I believe that wag actually the initial pornt when he stopped uh, breathing.552 When we noticed that he was no longer breathing and had no pulse.553554 Q: Okay.)--)))556 A: So earlier.;7 Q: Afld uh, eventually - while you were stilt inside the apartrnent when the uh,559 paramedics anive4 correct?560561 A: Yes.s62563 Q: Okay, what were you doing while uh, the others were doinguh, - well, eertain564 officers were doing CPR. What were - what were you doing at that time?56s566 A: . I was uh, controlling his right arm.567568 Q: Okay.569570 A: fud also his right leg just in case - because he was no longer handcuffed.57t572 Q: Yeah.573574 A: Urn, if he did wake up, I didn't want him to be able to swing his fist and hit575 OfEcer (Two), while Offrcer (fwo) was uh, giving him chest compressions,lli Q: okay. And you kept doing that until the paramedics auived?578


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581 Q: Okay. When the paramedics arrived, did you release * or did you just uh,582 back off?583584 A: Yes,s85586 Q: okay. And uh, paramedics came, kept working on Mr. (Moore) and587 eventually Mr. (Moore) was taken out of the aparhnent?588589 A: Yes.s905gl Q: Okay. Once Mr. (Moore) was taken out of the apartment, well what did.-592 what did you do thereafter, once Mr. (Moore) was nowout of the aparhnent593 and in en route to the hospital?594595 A: I u[ contacted um, Jv[r. (Sterling) outside the uh apartment and obtaiued a596 written statement from him.597598 Q: Before uh, taking the statement from Mr. Sterling, did you know who he was599 and why you were laking a staternent from him?600fll A: No, not initially. Uh, Officer (Cardoza) - I'm sorryr, Sergeant (Cardoza), toldme that um, Mr. (Sterling) was a witness and inside the uh, building prior to503 police arival but I was not awme of that until I had spoken to him.604605 Q: Okay. And then you - andthen youtook a uh, statement from Mr. (Sterling),506 correct?607608 A: Yes.5qe610 Q: So you hand wrote the statement uh, and uh, I\dr. (Sterling) signed it as true6ll and facfual, correct?6t2613 A: Yes.614615 Q: Okay. After you * the Statement you took from Mr, (Ster)- whore - where6.16 was the statement taken - where that location was?617618 A: Uh, it was still in the apartment building. It was or:tside ofthe apartment on619 thefiffhfloor, kindofneartheelevator.620621 Q: Okay. After you completed the statement from Mr. (Sterling), what did you622 doaftenvards?

623'14 A: I-lh, afterwards, um, I hetped Officer (Mathis) uh, lock up the uh, aparfment.-o5 Mr. (Sterling) had some belongings inside the apartment that he needed to285


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626 retrieve. U[ clothing and also his wallet so we allowed him to grab that627 before securing the apartment.628629 Q: Okay. And who's keys did you guys use to secure the apartment?63063I A: I believe it was uh, M-r. (Hayes), (John Hayes).632633 Q: How do you know Mr. (Hayes) ?534635 A: LIh, I - I leamed about him from (Sterling) during the statement.636637 Q: Got it.638639 A: Um, yeah.640641 Q: Okay. And after you uh, helped uh, secure the apartnent, what did you do642 afterwards - after that?643644 A: Uh, I'd went back to the police station to start miting supplemental report.


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671672 Q: Did anybody discharge their firearm?673674 A: ; No.675676 Q: Did anybody use their uh, duty pistol to stuike Mr. (Moore) with?677678 A: No.679680 Q: Um, ttre - including - in addition to the officers you mentioned, how many -681 which sergeants do you recall seeing on scene or in or around the property at682 the time of the incident?683684 A: Sergeant uh, (Phillips) and Sergeant (Cordoza),685686 Q: Okay. Did you recall seeing any other sergeant right before that?687688 A: No.689490 Q: Okay. Did you see any other rank officer other than sergeant or officer tlere)1 on scene?692693 A: No.694695 Q: Okay. Uh, ur4 anything?696697 QI: I don't actually.698699 Q2: I have a few. Did anybody, including yourself, kick Mr. (Moore)?700701 A: No.702703 Q2: All right. Do you use uh, I'm reviewing yow supplemental report, okay. All704 right.. You used the pkase in the second line, "Laying face down." Uh, do705 you mean that literally, Mr. (Moore)'s face was in the mattress or can you706 clariffthat.707708 A: No. It didn't appear his face was actually on the mattress. When I say face710 but to my recollection, there wasi a gap in between &e mattress and the wall7ll and uh, I don't believe his face was actually directly pressed into the mathess.712n13 Q2: Cordd he - I know you don't know whetherhe could breathe bw he - he.4 appeared to have the ability to breathe based on his position that you715 observed?

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This fiarscript has been reviewed with the audio recording submitted and it is an accuratehanscription.

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INTERVTEW WITH OFC. 0{rKqS) KASTMTLERInterviewers: Sgt. Hong Det,.Johnston & Harry Etern02-1319:39 pm

Case# 2013{85I0Page 17

Yes.Do you ever have any prior encounters with Mr. (Xavier Moore)? tYes.Can you describe them?Yes. I um, I had some contacts'with uh, (Xavier Moore) whenhe used to liveat the uh, University Hotel on uh, University Avenue when I worked at Beat3. Um, during those incidences, there was ub disturbances and also fightsinvolving himself and uh, other tenants. urn, there was also disturbance callsrelating with him and uh^duggerse-um, specifieallycrask{'socaiil. *Llh,disputes regarding thatDid you everhave the opporturity to speak to oae of his relatives about Mr,fXavter Moore)?Yes, I spoke to his mother.What was the nature of that conversation if you iecall?Uh, I\[r. (A{oore)'s mother was concenred utr, about (Xavier)'s welfare. U}r,she expressed"to'meroncsms.of..his,uh,=Bs.5rehietric,$ehauisr.'and'.alsohis uh,

.d*g;Sg=Shat she was concerned about - r:b she was also concemed that thelocation that he was living at uh, was not the best environment and also notfte safest for him specificatlyI don't have any other questionsMe either. Uh, you have anything else you want to add?No.Okay. It's 2205 hours. 2205 hours. End of interview with Officer Kastmiler.

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Documents

In-Custody Death Investigation - Xavier Moore (Part 9 of 11). Interview with Officer Nikos Kastmiler (#104)