I

BERI{ELEY LOLICE DEPARTMENT

4
5

CASE NO.

DATE
6 1

/3 - p*bt o s*tl- 13
(PRTNT)

ealNr)

I
10

STATEMENT TO INVOLVED OFFICER:

Officer 1@
11

Eft\ "fir"
8rulrq
(PRINT)

, you are

b"i"g represented hete at this interview by

72 73

your

attomey,
adly

You ate not in custody andyou ate ftee to

conclude the interview at

74
15 76

time. You are flot obligated to answer auy questions.

Arry answers you do give may bq used in a court of law. Having this in m+d, do you

77
18 79 2A 21

wish to voluntadly ptoceed with the interviesr?

j{

zz
23

24.
INVESTIGATOR NAME

./ /.

25

-1-

139

INTERVIEW WITH OFC. KENNETH TU

lnterviewer: Sgt. Hong
02-14-1314t30 pm
Case

# 2013-p0"?.1?

I
2
a J

6: 7 I 9 l0 1l 12 13
l4

INTERYIEW WITH OFC. KENNETII TU Q=sgt Hong Ql=Dr. Johnson Q2=(Sara) Burdick Q3=(Harry) Stern Q4{onathan) Murphy .A,=Ofc- Kenneth Tri

16 17 18 19 20 2t :2 -23 24

15

Q: Ql:

It is, uh, February 13, Wednesday, approximately 1528 houts, which is 3:28 pm. This is Sergeaat Hong, H-O-N-G, and in the room is, uh, r:m, Of,ficer Tu, along with others, they can introduce themselves.
Doctor Johnson, badge 26. J-O-H-N-S-O-N.
(Sara) Burdick with (Rains), (Luchia), (Stern), B-U-R-D-I-C-K.

Q2: Q3: 25 26 A: 27 ie Q4: 29 ,b 'Q, 31 32 33 A:

I'm (Harry) Stem, that's S-T-E-R-N. Otricer (Ken) Tu, uh, badge 2S,lastname's T-{J.
(Jonathan) Murphy, M-U-R-P-H-Y, with (unintelligible).

Okay. Okay, (Ken), um, just warma confirm with you and yourrepresentative that you signed the admonition.
Yes, I have.

35 Q: , 36 37 38 A: 39 40 Q: 4t 42 A:
43

34

Conect? Waiver? All right. So - all right. rank and your badge number?
Police officer, badge number 38.

So,

could you state your

What's your, uh, hire date? With, uh, Berkeley Police Deparfinent? Uh, April2007. Do you have any prior law enforcement experience?

44 Q:
5

140

INTERVIEW WITHOTC, KENNETH TU

Interviewer: Sg. Hong 02-14-13/4:30 prn Case # 2013-08510

Pagc2

-68

46 A: 47 48 Q: 49 50 A: 51 52 Q: 53 54 A: 55 56 57 Q: 58 59 A: 60 6l Q: 62 63 A: 64 65 Q: 66 ;7 A:

No. Which patol operations team do you work for cunently?

Cunentlyteam four.
What are your nonnal days work and your normal hours work?

Normal days work are Monday through Thursday, hours work are 2030 houts, which is E:30 pm, to 6:30 am.
What was your, uh, call sign during the shift that - yesterday evening?

4A3.

Nowwhat area or beat is that assigned to?

It's the north Berkeley dountoum area-

Okay. Beattluee?
Beattlnee.

69 Q: 70 7t 72 A: 73 74 Q: 75 76 A: Q: A: Q: A:

Okay. And your - team superuisors at the time of the - of yesterday's incident?
SergeanJ Philtips and Sergeant Huynh.

Huynh being, uh, H-U-Y-N-H?

Yes.

78 79 80 81 82 83 84
85

77

Correct? Phillips, P-H-I-L-L-I-P-S?

Yes.

Are - are they your normal supervisors?

Yes.

86 Q: 87 88 A:
89

Okay. LIh, when was the last shift you worked prior to yesterday's shift?

Uh

the

prwious Thursday?

0 Q:

Okay. IVhat were the hours you worked?

141

INTERVIEW WITH OFC. KENNETHru Interyiewer: Sg. Hong

.
F

02-14-1314:30 pm

Case#2013-08510
Page 3

'91

Q: 99 100 A:
101

92 93 94 95 96 97 98

A: Q: A:

8:30 pm to 6:30 am.

Okay. Do youhold any secondary employaent?

No. Did your work any overtime after the last shift and prior to this shift? No.
Have you taken any medication, proscription or otherwise?

102 Q:

103 105

104 A: 106 Q: \07 108 A: 110 Q:

109

No.
Have you consumed any alcohol in the past 24 hours?

No.
Do you have ary medical conditions?

* ll2 A: 113 114 1i5 Q: 116 ll7 A: 118

119

111

No. Iln sorry, can I clariff one.thing? Yesterday's shift was a - it's aow
Wednesday, right?

Yes. (Unintelligible).
I'rn sorry. The shift before.

;;;,"

I worked beforc was the - the day before,

the Monday

12O
t23

Q: Lzl 122 A:

Right. Okay. The Monday before.

The same hours.

L24 Q: 125 126 I27 A:

128

Okay. Um-whenwasthelasttirneyouslept? Andhowlongandbetween

what hours did you sleep? Uh, prior to this interview? Or prior to my shift last night?

129 Q:

Uh how about both?

Uh, prior to this interview, I slept approximately one hour. Uh, since my last shift, and prior to my previons shift, I slept approximately seven hours. From yesterday's incident, did you sustain any injudes?

130

131 A:

132

133

134 Q:

r35

142

INTERVIEW WITH OFC. KENI'IETH TU Interviewer Sgt. Hong

02-14-13/4:30 pm
Case # 2013-08510

Page

t36 A: 137 138 Q:

t39

No.
Do you wear any corrective eyeglasses or contact lenses? No. Um - can you describe for me your duty year, or1 your belt, from, uh, your front b- belt buckle going, uh, clockwise, how yoru assembly's made? Clockwise,

l4t
143

140

A:
Q:

142

145
146
147

144

A:

I have, um - from belt buckle, I have a - double

set

ofhandcuff

fueann, my pistol, my ASP, my key holder, and then - on the other side, I have my flashlight, my radio, baton ring magazine notches.
casa, my duty

149 Q;
150

148

Okay. After yesterday's incident, uh, did your duty gear or duty belt sustain anytype of damage?
No. Uh, regarding the vehicle that you drove yestgrday, what vehicle rnake and model were you.driving during your shift yesterday? It's a Ford Crown Victoria, uh, vehicle 1747. When

r51

152

A:
Q:

153

r54

155

'56
.

_.57

A:
Q:

lse
i60

158

say yesterday,

I mean - at the, uh, 12th of February, Tuesday evening-

161
t62

A:

My previousshift.
Previous sliift. Okay.

163 Q:
A:
Q:

165
166

164

1,67
168

And what kind of markings

drove?

Td

emergency equipment is on that vehicle your

r69

t7t

170 173

A:

uh, BPD markings, it's gotthe - black and white vehicle with the BPD shieid on the doors ind a - visible light bm. Uh,

fiil,

172
174 176
178

Q:

Do you norrnally drive that particular vehicle?

Yes.

175 177

A:
Q:

Are you a single offtcer or a double officer, uh, uh, vehicle?

Single.

'19 .d0

A:

143

INrERvrEw*ot"9t5r1.1'#?tTl?

#;#.,111.*'t
Uh - why don't we, uh - at this point, I'm gonna ask you about what you obsaved in terms of the incidelt scene. But before tlat, 'cause it may be, uh, already in your sqb- !n you report. Now do you have a report that you've completed regarding, uh, yesterday's incident?
Yes.

181

Q:

t&2
183

184

r85
186
187 188 Q:

189 190
191
1,92

All right. Okay. IIh - so - I'm just gonna read it out loud for the tape so we'll know-exactly, uh, which report youte submitting. So - ttds, uh, report is a supplemental report by offrcer Kenneth, K-E-N-N-E-T-H, lastname Tu, T.U, thais Tom Uniou. And the report reads, "On2-12-13 at approximately 2357
hours, I respo:rded to assist with a report of a disturbance between roommates' at2ll6 Altston Way, A-L-LS-T-O-N, Allston Way, the Gaia apartment

193

194 195 196 197

198

t99
200

.-

^ql

J2 203 204 205 206 207 208 249

building. Caiq G-A-I-A. I arrived on scene wilh Berkeley police officers (Bmum), badge 16, and smith, badge three. l,j[e coutacted the reporEd party, Ilayes, H-A;-Y-E:S, in &ont of the building. Hayeq reported &at his roomEate, Moore, M-O-OJR-E, was - was schizophrenic andoffhis .medication and had kicked him out of the apartuent. [Iayes stated that Moore *ededto.Ue placed oua 5150 hold. Hayes tookus gpto his residence, aparfinenf number 514, Hayes opened the ftont door with this key, and OfiEcer safr.e to the front lilrowu) called into the aparfirrent ftom the doorstep, Moore I door, and O.fficer @rown) initiated conversation with him. stood by as a gsal6s{, cover officer to keep Hayes separated from Moore. Dudng this
stateme,rts, Moore repeatedly stated that he was being followed by the FBI and that he did not beiieie that we wele real police offi,cers. During the investigation, Officer (Broum) placed Hayes uuder anest for an active ularfant and diricted Officer Smith to tansport him from the scene. Officer Smith placed Hayes in handcuffs and then escorted hirn dovtnstairs to his patol

M*r.

came

in$eaiingly agitated and made

a1l1n6rous paranoid, rambting

2tt
21,3

zio

2t2
214 21s 216
217 218

iehicle. I iemained on scene with Offrcer @ror,vn). Offic9r (Brown) asked Moore to come outside to speak to him. Moore agreetl and stepped outside of the 4partrnent into the exterior walkway. Officer (Brovrn) ttren inforned

219 220 221 222 223 ^14

*25

Moore that he was being detained for a warrant. Moore became exfemely upset and was Enresponsirre to our verbal commands. Officer (Brovm) then signaled me to aEempt to detain Moore in handcuffs' so I grabbed him by the tefr wrist with both my hands. Moore immediately began screaming and violently pulling away and ttren bact - and then ran back into the apartment, pulling bin u (Brown; and I in u/ith him as we tried to detain him. A person iater ilentified as Sterling S-T-E-R.L-I-N-G, was inside fre aparment living room at the time and for the safety of all parties present, Officer (Brown) directed him, Sterling, to leave the apartment. Sterling complied and weat outside. Moore was able to pull himself out of my grasp and fell on his left me as I side into the matfress in the living room. He th- he ttren began kicking sprawled into sprawled tro|d control attempted to place his right arm in a J onto iis hip io an attempt to prevent him from further kicking me and again -

144

INTERVIEW WITH OFC. KBNNETH TU

rnter;l.ff:ii,i,rtllf

Case # 2013-085 10

Page 6

226 227

228 229 230 231 232 233 234 235 235 237 238 239 244 241 242 243 244 245
',.46

it in a rear wrist lock. Moore his body, preventing us from arm under left with this onto his stomach rolled controlling that arm. Offrcer (Brown) requested code three cover, and several o&er BPD units responded to assist. Moore continued to violently resist by
and gained control of his right arm by placing

tyihg to buck m- off- buck me offhim, kicking me and.trying to prrll his_ , right arm away from me. Aftef struggling for several minutes, we were able tsgain controi of Moore's left arm and placed him in handcuffs' Due to his size, we secured his arms behind his back witirtwo sets of handcuffs. After being secr.ued inhandcuffs, Moore continuedto sffeam andqlick'_So other
BPDoffrcors used the ankle strap of a wrap device, wrap, W-R-A'P, wrap device to secule his ankles. Moore continued resisting for a short period of time before appearing to calm down. Once he cakned, we rollsd him onto his side, and Offrcer (Broyrn) confirrned that he was breathing and had a pulse. However, after approximately one minutes, Officer (Brown) reportedthat Moore was no longer breathing and no longerhad apulse. We immediately removed him fronr handcuffs and began CPR. I started compressions until being relieved by Berkeley Fire Departnent para:nedics. I escoled Berkeley Firebepartnentparamedics as theytansported IVloore to Alta Base Hospital. I stood Ly at alta Base Hospital until being relieved by OfEcer Frankel, badge 26; Frankel spelled F-R-A-N-K-E-L." Andthat's the complete resupplemental report?

._-47
248 249 250 2s1 252 253 254 255 256 2s7 258 259 260

A:
Q:

Yes.

Okay. All righr Could you describe for me the general description of the area in which this insident occurred?
Um - okay. 2216 Allston Way is a - it's a apaftment building called the Gaia apartnent building. It's a very large, multiunit, multiple floors over five floor apartlent complex. Um - the - the floors are laid out in a - kind of a rectangular fashion, overlooking a courfyard. Um, the incident took place in apardent 5I4, which is ori the fifth floor of tlte aparfrnent complex. Uh, again, front door faces outto a exterior walkway, ufu,.wittr a railing that oierlookq the, u[ the courtyard. Uh, the interior of the apartnent, from what I saw, I - I only saw the living room of it. It - it was a - it's'a hallway that leads down to a small kitchen and small living room. From what I remember, there was a mathess on the floor against - I mean, you're going in, the wall to the right, um, and I don't remerirbertoo much else about the interior.

A:

26t
262 263 264 265 266 267 268 ^59

Q:

Okay. Uh, do you remember if it - remember if it was a studio or bedrlom or anything?

I believe it was a one bedroom. At least one bedroom'

a one-

A:
Q:

-/0

okay.,About how far in did you go into the unit? when this - this occurred?

'145

INTERYIEW WITH OFC. KENNETH TU

Interviewer: SgL Hong 02-14-1314:.30 pm Case # 2013-08510
Page.7

272 A: 273 274 275

276

271

The hallway's approximately,Iwould estimate, ma)&e ten feet long, um, that opens into the living room where the maftress is. Um, I went in - into the hallway, and, um, as far as - as the bed, so the middle of the living room is

where I was.

277 Q: 278 279 A:

284

About as far as You went in?

Yes. Is the mattress against the right wall the bed you're onto? Yes. That's the bed that he.fell onto?

282
283 285

231 Man:

fdking about that he fell

284 A:

286 Q: iil A: 289

Yes. floor

I- Ithtukthere'saframeoranything.

Ithinkit'sjustamattressonthe

'sl 4
)L

290

Q:

Okay. Um - where was - Sterling, to your recollection?

Uh, Sterling was sitting on that mattress when we were - when we went in.

Zgi A:
294

Zg5 e: 296
2g7

Okay. So - when you got there, was the door open already? Or did you guys haveto knock?
When we got there, it was closed. Um - the reporting party, Hayes, unlocked
the door andopened

2gB A: 2gg

thefrontdoor-

30i Q: 302 303 A: Q: 3A7 A: 308 309 310 Q: ifi 306

311

300

So Hayes unlocked the door and opened

it foryou?

Yes. He had his own key to the door, unlocked it'

And when the door opened, what did you see? Um - nothing at first, he opened the door, and thqn, uh, Offrcer (Brown) called out to Mr. Moore, the other involved party. What'd she eall him? Do you recall?
I believe she called him by his first name, (xavier).

:.5

3t2 A: 313 " 4 Q:

(Xavier)?

146

INrERvr

"1 fl

t;TH,ilt"#
Case #

2013-08i10

315 A:

Yes.

318 Q: 319
320

317

Okay. SoOfficer(Brown)calledhim. Sowhat-whatoccurredthereafterwhen that - after she called him?

322
323

321 A: 324 Q:

Officer - Offrcer (Brown) called out to Mr. Moore, and Mr. Moore came to

thefrontdoor'
Okay. Um, did Officer (Brown) explain what the pwpose of the police were there for? I believe so. She initiated conversation with Mr. Moore. I was - maybe six feet away between the doorway and Hayes, the reporting party, standing as a reporting party. Okay. Were you able to understand and hear what Officer @rown) was telling Mr. Moore?
She was - speakin' rather quietly, I mean, it's a huge apartment complex, we't'e not tryin'1o have everyotre hear, but - I could hear some of - of what - whatthey were talkin' about

325
326

328 329
330

327 A:

332
333

331 Q:

335 336 337 - 338 Q: . 33g 340 341 J42 A: 343

344 346
348

334 A:

A little bit.

To the best of your recollection, and the - underqtanding you were - a- away, and she was whispering, my - anything you can recil.ll as to what she was asking Mr. Moore ortelling Mr. Moore? I believe I remember her asking Mr. Moorb about rvhat the issue was with the roommate, who lived in there, things like that

345 Q: 347 A: 349 Q:

Okay. um - and tlren, uh - and then what happened after that? Um - so after that, they were both IDed at - identified at one point...
OkaY.

350

351 A:

352

..,um - and the information was passed to, uh, Officer Smith, who began conducting record checks. Uh'.. When you say record checkq, he's using his radio? Yes.

353

354 Q:

3s5

356 A:

358 Q:
i59

357

Afld he's use- he's doing what with his radio?

,147

INTERYIEW WITH OFC. KENNETH TU

""'&'ff:il,*r?'ff
Case # 2013'08510 Page 9

360
361

A:

He's, uh, providing the identifying information of both parties to our records bureau, uh, to provide - to do, uh - corpus and NCIC checks.
So he's doin' -

362
363

NCIC meanin'he's doin'warrant checks...

364 36s 366 367 368 369 374 371 372 373 374 375 376 377 378 379 '380

A:
Q:

Warrant checks, probation status...

...based on first name, last name, birth dates, et cetera...

A;
Q:

Yes. Yes.
...as standard radio procedure.

Yes. Got it. Okay. And then what did he find out?

A:

Um - at one point during this contac!

I guess, utu it was determined that (Gwen), utr, tasked, uh, Officer Ofificer warrant. Um Hayes had a active Smith with confirmiag that warrant and then. tansporting her from the scene. So Officer Smithtook custody of Hayes, uh, and escorted him away from the

aparhnen! and downstairs to his paEol vehicle.

-J81 382
383

Q:

Got
Yes.

it.

And at this point, you and OfEcer (Brown) are still outside.

A:
Q:

384
385

386
387 388

Got it. And - while you and Offrcer (Brovm) are outsidg from what understand, Officer Smith left with Hayes...
Yes. ...to take him to Yes.

A:
Q:

389 390 391 392 393 394 39s 396 397 398 399 400
401

jail for his aclive waffant.

A:
Q:

Okay. Do you know - do you remember - do you know whaf the wanant was
for?

A:

I was, um - I was on channel one, monitoring regular radio. traffic, so I don't know what the warrant was for.

Q:

Okay. So. Ml. Hayes and Officer Smith is now gone'

Yes.

442 '03

A:

148

INTERVIEW WITH OFC KENNETH TU

,"t-fi:il,i,#"rXt
Case# 2013-08510
Page

I0

444 405

Q:

And the only remaining offrcers on the landing is yoU and OfEcer (Brown),
correct?

406
407 408

A:

Yes,

409 410 411 412 413 414 475 416 417 418 419 420 421 422 423

Okay, So what happened thereafter? A:

he could step outside a little fiuther and talk to us just outside ttre apartment, um, just outside the doorway
asked, uh, I\ft. Moore
So once - uh, once Hayes was moved from the scene, um, Offrcer (Brown)

if

Q:

Mm-hm.

A:

Mr. Moore agreed and came outside and was sbnding on the lauding with us. Uh, at that point, uh, Offlcer (Brown), uh, infrcrmed, . uh, IvIr. Moore that he also had a warrant and that he was gonna be a
So Offrcer, uh - IVI1. -

'24

.25 426 427 428 429 430 431 432 433 434 43s 436 437 438 439 MO
441,

detained or.arrested for that warrant. Um - iW. Moore became - pretty upset. It was - just - was yellin', "No," things like, '1rlo," and things like, "I need to call the FBI," rnd.irrst makin' statem.xfs like that. um - officer (Brovun) yras tryin' to - tryin, to latt him down verbally, just get him to calm_down He - he wasn't - he wasn't listening, he wasn't caiming, he wasn't iistening to her verbal commands or anything So at that point, she signaled me to - to - try and detain him in handcuffs, go hands-on with him.

Q:

Okay. Can I intemrpt?

Um - so when, uh, Offrcer @rown) told you that, um - she verbally told you that Mr. Moore had a warrant?
I mean, she told Mr. Moore in my presence that he had a warrant

A:

A:

Okay. Do you know how she foturd out about the warrant?

A:
Q:

No.

Okay. And - you said to the best of your fecollectior, when Mr. Moore found outthat he had a warrant, he became upset, conect?
Yes.

442 443 4+4

445

A:
Q:

Okay. And you said just a seconds ago that, um - that Mr. Moore was saying tirat he needed to call the FBI.
Yes.

446
17

A:

'--r48

149

INTERVIEW WITH OFC, KENNETH TU

-Tri#fth'{
Page I I

449 Q:
450

OkaY.

451 A:

452
4s3

He was - throughout the oontact, he was referencing the FBI, whether it be he

needs to call them or - being

followed by the FBI'

455
456
458

454 Q:

Okay. When you say that Mr. Moore was upset, wa9 h9 - I mean, was he - fiswas he showing the behavior of an upset person? Was he screaming, was he'..
Yes.

457 A: 459 Q:
460

.flaring his arms, (unintelligible)?

He - he started to elevate his voice towards us. I wouldnt say at the timete's screaming, but he's - definitely starting to get - more and more upsel Voice is getting higher...

462 463
464

461 A:

qis Q:
467 A:

okuy
...getting louder, uh, waving his arms around in a-..

466
468

'59 e: --70
471 473 475

Okay. So, uh, at - one - and at one point, Officer (Brown) asked you to do what, take ahold of him?
Yes.

472 A:

474 Q:
476 A:

Or - canYou describe that?

477 478 479 480 481 Q: 1il:, A:

4g5 e: 4t6 487 488
489

It - it was all aonverbal between Officer (Brown) and I, she - when it became clear that Mr. Moore was not goin'to - calm down and comply with het verbal just commands, she - looked at me, nodded towards - towards Mr. Moore, looked at me like this and - indicated like that'
OkaY.

That the - dirqcted the head - 'cause the head shake towards Mr. Moore.

484

Okay sg you wero - you basically showed that she basically - got your a6ention, she, uh - sh- nod her head, and swaying it, in a fashion, telling you, ''lJh, we have to," in your interpretation was, "we have to handcuffthis
person."

12 e: =93

497

Okay. And you knew what exactly what she was referrin'to, and so you moved in?

150

INTERVIEW WITH OFC, KENNETH TU

interviewer: Sgt. Hong
02-14-13/4:30 Pm

Case# 2013'08510
Page 12

494 495 496

497

A:
Q:

Yes.

498 499 500

501

okay, And what did you - what did you - when - when you said -she - he *oriaot comply wittrher command;, what do you mean by her commands? To calm down? Or - what corlmands?
Yeah, she was - she was - well, she was tellin' him he needed him to - well, she was askin'him to calm down, but she was also telling him, "Hey, Mr' Moore, you need to - you need to come with us. You - you're g-orna come t'You're gotrna come with us.u And, uh with us.- We're gonn4" basically,

A:

s02
503

504 s05 506

507

Mr. Moore's responseto that was, "No, no, no." Q:

508 509 510

511

officer (Brown) was tellin'Mr. Moore, "You',re gonna come with us,'t des. that mean he's gonna have to go to jail?
so when
Yes. Is whatshe was

A:
Q:

512 513 14 '-=15 516

517

telling Mr. Moore?

A:
Q:

Yes.

Okay. And to your recollection, IvIr. Moore understood what you guys were
saying?

518 519

A:
Q:

Otr, yes.

520
52.1

522 523

uh; tell There was no question that that's what Offioer (Brown) was ffyin'to, Is that jail your warrant.'r go on to Mr. Moore, which was, "You have to
correct?

524 52s 526 527 528 529 530

531

A:
Q:

Yes.

All right, I'm sorry I intemrpted.

a certain waY.

So you moved in and you took a hold of him

A:

s32
533

534
535

536

'1

-:38

I - I grabbed - so I used both my hands, and I grabbed hdt. M9or9's right - uh, ,o, *ittut time - grabbed his left wrist, uh, I got atwo-handed gnp on his left wrist. Um - I believe at the same time Offrcer @rown) moved in as well and Mr. engaged the other side of his body. As soon as I made contact with as he as hard pulling away M;;, he just started screaming, um - he was nrnning could, tying to flail his a:ms, and then he - started backing up and he just - I while, grip for a my i*t" tL apuiment. Uh - I was able to maintain apattment, the couldnt iop him, he was so big. Just kept pulling u1 back into w- we'te we're still trotdng on. We - he pulls us through that hallway, and

151

INTER,

IE

*tt",f,l1"ffi
case #

A2-14'l 3/4:30 Pm

trH:

rt,i-JJjll

539 540 541 542

coming towards the bed in the living room. At that time, I see Mr. Sterling sitting on the bed. Mr. Sterling immediately jurups 1q), runs to the other side of the room, uh, we come crashin'through, Mr. Moore breaks free of my grip, falls onto the bed, um, and just starts kicking at me.

5M Q: 545 546 A: 548 Q: 549 s50 551 A:

553 Q: 554 555 A:
556
558 547

s43

Kicking.
Yes,

withhis feet.

Can I intemrpt? So, uh - to your recollection, uh, what is Mr. Uh, Moore's, uh, gender?

Llh - IVIr. Moore is a - is a male. Ivftn-hm. tYur l.rr' But - I believe he's a - transgender male? Or...

552

557 Q:
)

Okay. Um - howtall was he?

Maybe five nine, flve ten?

{59 A:

5-gt Q: 562 563 A: 565 Q: 566 567 A:

568

Okay. How much you thirk he weighs?

Uh, approximately 350 pounds.

s64

Okay. So he's a large man.

Yes.

570
57r

569 Q:
572 A:

Okay what made you, uh, believe that he was transgender? What physical
appearances?

573 574 575

576

Uh, extemely highgitched voice, um - and - just - I guess ttre - the - the facial features are starting - or - look - somewhat feminine, too, and the clothing he wmt weadng urus a - was a skirt with a - like awrap-around slart and - and kind of a tube-top upper top clothing

577 Q:

Did he have any type of women, uh,

No, he had tong hair, and...

uh,. women's.make-up on?

111
s80

A:

581 Q: <02 . , A:

Long hair? How long?

I - I believe a little past the shoulders. Uh, not too clear on that.

152

INTERVIEW WITH OFC. KENNETH TU

Interviewer: Sgt. Hong

c"tu

02-14'1tl-430Prl.

'''.-.Xt'll

585 Q: 5g6 587 589 A: 5g0 Sgt 5gZ

s9s
597 588

584

Do you recall what the top and then the skirt looked like? To what was the what it was - what it looked - what was the description of his - top and the skirt?

like a - a - light:colored, realty thin material 'uh like a - a l- not a lace material, but a reaily, really thinmaterial, tube top that kinda went, uh, 6 little above the belly button to the upper chest. I-Ih, ald the skirt was, uh, almost the same material, wrap-around skirt.
So the cop, again, is

almost

594 Q:

5g3

Okay. That was...

Was there a certain color or pattern to it?

596 A:

598 Q: 599 600 A: 601 603 Q; -t4 >o05 A:

606 608 510 602

I don't remember apattern, but - I - I justrememberitwas alightereolor, maybe like a beige or - color, something like that'

Right. How - how tall are You?

I'm, uh, approximately six three. OkaY. How much do You weigh? Two hundred and thirry pounds'
So you are,

607 Q:

609 A:

I e: 6LZ 613 61,4 A:

6l
615

um - so, you know, so you're now on the bed, and he's starting to

kick.
Yes.

616 Q:
620 e:

That's where we left off.

Yes.

618 A:
619

617

627
622 624

Now up to that point, would you k- would you describe IVh. Moore as a strong
person? Yes.

623 A: 625 e:

626 \28 A:

Okay. Would you believe that he was, uh, overpowering you and Officer
(Brown)?

Yes.

:
153

'

INTERVIEW WITH OFC, KENNETH TU

Interviewer: Sgt. Hong

02-14-l3l431pm
Case # 201 3-085 I 0

Page'15

629

$a
631

Q:

Uh, so he's now Iaid down on this, uh, makeshift matkess that we described?
Yes.
Is he on his stomach or on his back?

632 633 634 615 636 637 638 639 640 641 642 643 644

A:
Q:

A:
Q:

He's facing the wall, so he's on his

left side.

Okay.

A:
Q:

At - at the - initially, when he fust fell dovun.

And you said he was kicking at you.
Yes.

A:

&s
646 647 648
<+9

Um -,a11right, so go ahead and continue.

t

A:

So - at that point, now that he's down, um, to prevent

him from kicking me,

-.r50
651

652 653 654 6s5 656

657

658 659 660

661

uh, I sprawl on top of his hips. torso on his hips, and that ailows me to kinda control his legs and his hip to keep him frorn, you know, thrashing too mu.ch and kicking me in the chest and legs anymore. Um., once I'm in thatposition, I kinda have a good reach to his right arm,'cause it's right in front of me, so I'm able to grab his dght arm, force it behind him, and I - I'm able to - to get into a rear wist 1ock. So now I've got contol of liis right arin. Um - at some point, he - he r- he rolled onto his stomach, and his left arm is.underneath hinl um, and he's not - he's not givin'it up. So Officer (Brown) can't access that arm. Both my arms are tied up, I can[ help her at all as far as hyin'to restrain the other arm. Uh, Offrcer @rown) calls for acover, I believe code three cover, and after several minutes, uh, several other Berkeley police units anive to assist. So - by sprawl,

I - I put t]re - my entire upper

662 663

Q:

Okay. Do yourecall, um: so fou and Officer (Brown) are the ones inside?
Yes.

664 66s 666 567 668 669 670 671

'12

A:
Q:

A:

Uh, actually, almost immediately, once he popped up, urn, Officer (Brown) directed Sterling to - to go outside.
He complied?

-olJ

A:

Yeah,'he complied.

154

INTERVIEW WITH OFC, KENNETH TU Interviewer: Sgt. I{ong

,
674

02-14'13/4:30pm

Case#'O'"rTil8

676
677

675 e:

Okay. Um - you and Officer (Brown) are inside, and who are the other officers that came in, um - um - to assist you? Do you recall?
Um - the very first one to come in, I believe, was officer Smith, and tlen after that, I remember Officer Mathis, Gardner, and Castimiler, Um " I - [ don't
remember anYone else.

679 680
681

678 A:

6g3 6g4 685

688

6g2 e:

Okay. So you remember inside the apartment with you and Officer (Brown) is Officer (Brandon) Smith, S-M-I-T-H; Offi.cer (Brian) Mathis, M-A'T'H-IS; Officer Tim Gardner, G-A-R-D-N-E-R; anil Officer Castimiler, C-A-S-T-IM'I-L-E-R, Castimiler, conect?
Yes.

lli A:
d89 e: 690 69l. 692 A: 693 -94 -o95 e: 696 i;? A: 69g 699
700 742

four additional officers you recall being inside the aparfnent, uh, with you and Officer @rowni as you guys were, uh, f,ghting with, uh, as you g;uys were struggling with off - urn, Mr. Moore, correct?

Ard those

are the, uh,

Yes.
So how did you guys eventually take control of him,

if - if you did so?

Um, we were able to - orce we got control of his arms, we used two sets of handcuffs to handcuff his arms behind his back, At one poinl, due to his kicking, uh, the - the wrap was deployed, but only the ankle shap was used.

7uQ:okay.Soyou.weresuccessfulinhandcuffrnghirn.

703 A:

Yes.

704

7.A5
708

Q: 706 707 A:
709 Q: 710 7ll A: 712

Ald

You guYs used two sets'

Two sets behind the back,

WhY? Uh, due to his large size, we didn't wanna - you know, one set would not have
been aviable oPtion.

1i:- Q: 715 7t6 A: -rl; Q:

so the handcuffs are completely, uh, on

Yes. -..and now you are

him"'

trying to restrain his legs'

155

TNTERVIEW WITH OFC. KENNETHTU Interviewen Sgt. Hong 02-14-13/4:30 pm Case# 2013-08510
Page 17

7tg
721

720 A:

Yes.

722 Q: 7.23 724 A:

726 Q: 727 728 A:
72s

And with the,

Yes.

uh

ankle strap parse- portion of the wrap device, correct?

Were you guys able to, uh, secure and r- restrain his legs?

I believe it - it was actually deployed to hirn

Other than being deployed, it was - he - he.,.

730 Q: 731 732 A:

733

729

I mean, it was - used on him.

...wrapped it - used on him. Okay. And so now I - is he still kicking - evgn though he's handcuffed, even though his, uh, legs hre now - ankles are - are tied together with the shap, is he still physically resisting? Yeah, once - once he was secrued, he - he still struggled. He was screaming aud kieking briefly, um, and before - at least to me, it appeared he - he decided to - or he calmed down a little he stopped strui;gling so much. He siopped struggling. LIh...

735 73i6 737 738 A: -39 - ,40 741

742 743

734 Q:

744 Q: 745 746 A: 747

748

Okay.

..timewise - I really can't say how long it continued after - uh, it wasn't very long, but - he did continue afrer being secured.
To the best of your recollection, from the time that when you and Offtcer (Brown) went hands-on meaning you - you took physical hold of Mr. Moore to the time that he was trow restrained in handcuffs, with - his ankles minutes it was during that duration? Oh, gosh. Maybe - I'd say anywhere between three to five minutes.

749 Q: 750 751

755 A:

753
754

757 Ql 758 759 A:

760

7s6

Okay. So he's calmed down. Conect?

Yes.

'z

{56

INTERViEW WITH OFC. KENNETH TU Interviewer:' Sgt' Hong

02-14"1314:30 Pm

Case# 2013-08510 Page 18

L

764
765 767

763 A:

Once he's calmed do11n,. um, he's no longel kigking at us, we rolled him onto

his side. Um - we rolled him onto his - left side'

766 Q:

OkaY. And whY did You do that?

Uh, to prevent oxygen asphSxiation'

768 A: 770 Q: 774 e:

769

okay. It's part of the training that youreceived?

Yes.

772 A:
773

7Vl

Okay. And while he's on his left side, he's, uh - is he still calm now at this
point?
-I Yes, at this point he's - he's - he's - not responding to questions, but, um and remember Office. (Brown) reporting that he was - did occur breathing, chest was moving with breath, and he did have a -

775
776

777 A: TTg 77g

a- catotid pulse.

l e: 7gZ '83 '184 A:

7g

780

Olcay. Did you at ary time during the struggle, the tlueg-to-five-minute rnuggfe yoohud with iVIr., uh, Moore, did you at all strike him in anyway?

No'
Open hand, close&hand, no strikes?

785 787

'186 Q:

788 A:
7g0 Q:

No.

789

Did You kick him in anY waY?

No, Did You use Your, uh, OC sPraY? No. Did You use Your baton? No,
uh, Did you - did you use any other, uh, um, item on your duty belt that is, hard to strike him with?

792 A:
793 795 797

791

7g4 Q:

796 A:
798 Q:
799

800 A: 801 g02 e:

803
804

805 A:

No. bviously, did you - you did not use your

ru;

)6

e:

firearm?
l Sg

INTERVTEW WITH OFC' KENNETHTU

Ifierviewer: Sgt- Hong

02-14-13/4:30 Pm
Case # 2013-08510 Page 19

808 810

809 811 813

812

A:
Q:

No.

Did you use the firearm in any way to, uh, his Mr' Moore?
No.

A:
Q:

81s
816 818

814

Did you see

As far as

if Officer (Brandon)

Smittr used any

ffie of strikes or kicks?

817 821

A:

I saw, no

81e Q:
820

Did you see Officeq uh, Smith use LC?

No.

A:

822 824

823 Q:

Did you see hirn use a baton?

No.

s25 A: 826 s27 Q: 28 \29 A: 830 831 Q: 832 833 A: 834 835 Q: 836 837 A: 838 839 Q: 840 841 A: 842 843 Q: 844 845 A:
846
848

Did you see No.

if officer Smith

ever used any type of blunt object?

or kicks? uh, from officer Mathis. Did you see if he used any strikes

No.

Any OCs?
No.

Any baton use?

No,

Any other blunt objects?

No. nor Mathis use their And I'11 go back, and you did not see officer smith firearm in anY waY?
Correct.

847
849
51

Q:

850

A:
Q:

-952

Theiriduty Pistol?

157

rNrERVrEWr,ri"grff

;"T,rHr_]HJ"r,
02-14-13i4:30 Pm

Case# 2013-08510 Page 20

853

854 A:

Conecl
any strikes or Uh, for Officer Gardner, did you see him you- d- deploying kicks? No'
AnY OCs?

i* e: 857 '858 859 A:

850

855

861 Q: 862 863 A: 865 Q: 866 567 A:

868

No
AnY baton use?

864

No'
AnY other bluntobject?

S(ig Q:
870

871 A:

No'
AnY fireann use?

'73 Q: d74 875 A: 878 879 880 A:

881

872

Not you see any strikes or Um - second to last, Castimiler, Offrcer Castimiler, did
kicks?

g77 e:

N9.
AnY OC use?

882 Q:

883

884 A: 886 Q: 887 888 A:

889
891 885

No'
Baton?

No'
Uh, blunt object?

890 Q:
8g2 A:
893

No'
AnY firearm ?

894 Q:
895

sei

)6 A:

No'

15g

INTERVIEW WITH OFC, KENNETH TU

'
l''i

Interviewer: Sgt. Hong 02'14'1114:10 Pm Case #.2013'08510

Page

ll

I sss Q:
I

I |

And lastly, for Officer, uh, (Browu), aia you use - see her deploy any stikes
or kicks?

srs

900

901 A: e03
904
906 908

No.

902

Q:

Any OC?
No. Baton? No.

905 e07
909
910

A:
Q:

A:
Q:

ell
912 914

Any other blunt objects?

No.

913

A:
Q:

915
916
\18

An{
No.

uh, her firearm?

917 A:

.-ele
924 921
923 925

Q:

Okay. Was the struggle primarily - one last'- on the bed itself not on the
ground?

922

A:
Q:

It was ahnost entiretY on the bed,

924
926

bed. And at one point - at - at what point was he l- where was he laid on his side? On ttre bed or on the ground?
On the On his side, he was, uh,

927

A:
Q:

still on the - on the mattress

eLe
930

928

Okay. Oh, so you kept lrim on the mathess the entire tiriie. Yes. Yes.
Now, uh, we left offwhere, um - which offrcer ohecked to breathing and he had a pulse and he was fine?
I-Ih, Offrcer (Brown).
see he was

931
932 934
935

A:

933 Qr
936
937

still

A:
Q:

e38
940
'*947
+1

939

A:

I'd say maybe - maybe about a minute after - after we rolled him onto his side, um - offiser (Brown) reporiinq tlrat sh9 didn't think {e. was breathing any more, and she could no longer feel a pulse at the carotid.
So -

160

OFC. KENNETH TU iNrERv Ew WITH -

"

-*r:[#]],1l,ti#
Page22

Q: 945 946 A: 947 948' Man: 949 950 A: 951. g,, Q:

944.
9s3

943

And she verbalized this to everybody?

Yes.

After about a minute? Is ttrat what you said?

Yes That's - um - afterabout aminute from whatpoint? From rolling, uh, NIr. (Brown) - I'm sorry. After - a minute after rolling Mr. Moore onto his side.

955
956 958

gS4 A:

959 Q: 960 961 A: 962 53 Q: t64 965 Man:

967 Q: 968 959 970 g7l A: 972 g73 g74
975

Okay. A minute uft*l - after rolling him onto his side,

Yes.

Correct, Okay...
That's what he said.

966

Officer (Brown), o- annoutrced to everybody that, uh, Mr. Moore'was not - Mr. Moore was not brealhing and had no pulse, what did you do? What did the officers do? Iriciuding yourself)
So thdn, uh, now that

Uh,weimmediatelyremovedhimfromhandcuffs. Uh-movedhimtohis back and onto, uh, the floor so we could - start CPR, I believe - I believe Officer Gw- uh, (Brown) is the one who - uh - cleared his airway or checked
his airway, and then, uh, I began compressions.

976 Q: 977 978 A:

s7g

Okay. And you began compressionsYes.

980 Q: 981 982 A,:

Do you remember who, uh, released the handcuffs?

{.}h,

no,I don't.
the legs

Vl^i Q: 98s
'Y87

okav' Do vou'was
I don't know.

still restrained?

',6 A:

161

INTERVIEW WITH OFC. KENNETH TU

Interviewer: Sgt. Hong 02.14-13/4:30 bm Case # 2013-08510
Page 23

989
990

988 Q:

Okay. So, uh, Officer (Brown) is doing the, uh, airway, and you are doing the
compressions
Yes.

991 A:
992

994
995
997

991 Q:

Do you recall who requested, um - it - was there at aily point before this or up until now that the pararnedics were summoned?

996 A; 998 Q:

I doh't know.
You don't know? Okay. Do you know - or do you recall hearing who - do you recall anybody requesting paramedics at this point? Uh, yeah, I dont remember who was, but I remember hearing the request over
the radio for - for fire department.

999
1000

i002
1003

1001

A:

1005
r006
n08

1004 Q:

Okay. And (unintelligible) do you recall the, uh, why the request was made over the - do you reimember the words used by the...
I don't.
Got

1007 A:

9 Q: 10i0 1011 rcD A:

1013

it.

But you,.uh - but you - you recognized it was radio

taffic regarding

the request for, uh... Yes.

..,, uh, Berkeley Fire Department paramedics.

Q: 1015 1016 A:
1014
1017

Yes.

1019 1020 l02l A: 1022

r023

1018 Q:

Okay. About how long do you estimate you wore doing chest compressions
before the paramedics anived?

A few minutes, um - I - best guess , again,another maybe - another maybe

three to five minutes...

Q: 1025 1026 A:
1024
t027

Okay. ...of compressions.

Q: 1029 '030 A: in?l .._ / Q:

1028

Now the fire, arnbulance - paramedics arrived,..

Yeq, ..and did they take

over?

fiz

INTERVIEW WITH OFC, KENNETHTU Intaviewer:.Sgt. Hong

'

02-14-1314:30pn Case# 2013{8510

Pa{Je24

1034 A:
I035

1033

Yes.

rc37
1038 1040

1036

Q:

All right. And - was, uh - and then was Mr. Moore, uh, taken by the
Paramcdics?
Yes.

1039 A:

104I Q: l04Z . 1043 1044 .A.:

1045

Okay. So he was loaded up in to standard, uh, gumey, and they wheeled him away and took him a- took him down, et ceter4 and took him to the hospital? Yes. Yes. Okay. Were you still present when they, uh - when Mr. Moore was taken by
the Pararnedics? Yes.

1047 1048 1049 A: 1050 105 I Q: L052 )J 1054 A:

1055

LO46

Q:

Okay. After the paramedics Ieft, qm - scratch that. Um - at this point were there any superisors on scene?
Yes.

1056 Q: 1058 A:
1059

Who's on scene?
Sergeant

rcs7

Phillips - and Sergeant (Cardoza).

1061
rc62 rc64

1060 e:

Do you remember - do you know, uh, at what point Sergeant Phillips and
Sergeant (Cardoza) arrived?

1063 A:

I don't recall. Don't recall? Okay. Now, uh - what oceuned, uh to the best of your ' recollection after Mr. Phillip - I\ilr. Moore was taken and qnly the ofEcers remained in the - what occuned - generally, what occuned afterthat?

1066 rc67 1068 1069 A: 1070

1071

10dS

Q:

Um - ['m not sure, I got tasked with escorting the ambulance to the hospital,
So...

Q: 1073 rc74 A:
1072
'n75

Got it. ...I - I traveled down the ambulance to Alta Base.

So you,- you, uh,

1n77

6 Q:

followed ttre ambulance'

163

INTERVIEW WITH OFC. KENNETHTU interviewer: Sgr Hong

02-14.13/4:30 pm
Case # 2013-08510

Page25

1078
t079
1081 1083

A:

Yes.

1080 Q:

In Your Pafrol vehicle.

Yes.

ios; A:

1084 Q:
1085

To AltaBase?
Yes.

1086 A: 1088 Q:
la87
1089

Um - and they - and then Mr. Moore was taken to the emergency room?
Yes,

1091 l0g2 e: 1093 1094 1095 A:

1096 )98

1090 A: '

Okay. Do recall, um, uh, uh, if - okay- And then after that, you stayed
hosPital.

at the

Until relieved,

Yes.

1097 Q:
100

Until relieved. Who relieved you?

Uh, officerFrankel. Do you recall what - tlretime that you were relieved?

Yogq A:
1

1101 Q: 1103 A:
1

1702
104

LIh,uh,appmximately0130hours. Alittleafter0130.

1105 Q:

okay. And thereafter, ybujust refilrned to the station?

Yes.

fiA7 A: 108 I 109 Mau: 110 1111 |tt2 11 13 A: 1l 14 1115 i116 Man:
1 1

I06

Now can you describe what the - bed was like when you guys fell onto it first? Like - what - what - uh, was a frame to it, I think you said there wasn't - was how far it was offthe gror-rnd?
Um - best of my recollection, I - I don't believe there waS a frame, and I think the - the mattress was sitting on the floor.

Okay. Wasaboxspring? Or...

1117 1119

1118 A:

I-Idon'tthirtk.-...itls stood - (unintelligible) close to the ground, or " (unintelligible)?

'lZA Man: 21 '11;; A:

It

**

very close to the ground.

164

INTERVIEW WITH OFC. KENNETH TU

lnterviewer: Sgt. Hong 02-14-13/4:30 Pm Case# 2013-08510

-fi23
l12s

Page26

ll24

Man:

n26
1127

Yeah, um - okay, and then you moved him sffto - for when - when you removed the handcuffs, you put him on his back, and you removed him offthe bed to the hard floor, to the carpeted floor when you guys started

compressions? That...

ll29
I 130

1t28

A:
Man:

Yes.

1131
1132
1

..,okay. Um - and then separately,I donl know if you already answered this, you don't need to reanswer it. Um . have youhad aprevious contact with Mr.
Moore?

133

1134

1135
tt36
It37
1 1

Ar

138

I can remembef one previous contact, um, a while ago. Uh, it was a welfare check. Um - at a different address. And, agair,I was a cover officer, so I don't remember too much, but I remember it was a - another welfare check, a 5150 eval. Evaluation.
Do youremember

139 Marr:

1140

if

he was transported?

tt4t
'j

t14?. a

A:
Man:

Uh - he was not transported at that time.

What about the, uh, other two parties, either of them, either Mr. Sterling or, uh, IvIr. ulu (tlayes)? Have you ha.d contact with them previously?

Ir44
1

145

1146

1147
1148

A:
Man:
Q:

I don't - remember any previous contacts withthem-

1149
1150

Okay. Thankyou.
Um - actually, I have a quick question. Do you know why inde,pendent, uh, why based on radio taftlc, based on what officers told you wheii you guys firsl arrived, why you were sum.moned there in the first place?
To the address? Yeah, to the address. Yeah, we went there - initially, it was a - a - the initial call notes were likb a roommate distprbance, in the notes, uh, the roomrnate was - saying his' uh, I guess he got into an altercation . the reporting parfy repOrted he got into an iltercation with his roommate, who was schizopluenic and off medioations.

1rsl
tts2
I 153 I 1s4

t
1

155
I56
158 160

A:
Q:

rLsT

i
1

1s9
153

A:

1161

1162
1

1164
' 165

Q:

AII righr And, um - are you, um - are you 11 5 50 qualified or DRE?

No.

,6
1167

A:

165

INTERVIEW WITH OFC. KENNETH TU

Interviewer: Sgt, Hong

"f;f;','li38Ji; Page27

I168 Q: 1169
t1,70

Okay. Um, do you recognize based on your training experience when a person is under the influence of some type ofnarcotic substance?
Yes.

1171.
1172

A:

ll74
1175

1173 Q:
1176 A:

Okay. lVould ycu describe Mr., uh, Moore some type of narcotis substance?
Appeared to be, yes.

as being under the

influence

of

ll79 1180 1181 lI82 A: I 183 1186 tt87 188 A:

i9
I 184 II

1178 Q:

l177

Appeared to be, okay. Um - would you describe Mr. Moore as having, um being - having - drunk in any way, like the general object of symptoms of somebody under the influence of alcohol?
LIh - I didnt notice the objective - objective symptoms of alcohol, but I wasn't really very close, paying super-close attention in the initial coutact.

85 ' Q:

Okay, Do you recall inside the apartment in plain view contraband, illegal - legal items in the aparfuient? I don't.
Okay.

if you sa1ry any kind of

n90 Q: 1191 lI92 Man: 1193 fig4 1195 A: llgT Man:

1199 Q3: 1200 1201 1202 1203 A: i13t Q3: 1206 1207 1208 A:
t209
l198
1196

Were you advised at any point by any parties who were on careen whether there were weapons, uh, in the presence?

Not that
Okay.

can recall.

Did, uh - (Harry) Stern with a couple of questions. At any point did Mr. Mobre express, uh, the fact that he was having touble breathing or needed
medical assistance? No.

And is it fair to say fhat during the course of the struggle, up unto a certain point, he was jelling or speaking or making noises?
He was screaming. Loudly.

'210 Q3: '"1 I

Okay, And - can you pinpoint a place in time where that stopped, if it
stopped?

166

INTERVIEW WITH OFC. KENNETTI TU

Interviewer; SS,-Yone

#;'f,',i#-3317
Page 28

tzl3
1274 1215 1216

A:

Um - it - it stopped when - he stopped screamingat the same time he stopped kicking and shuggling And where - where was he placed - where was he physically at that point? Was he on his side, on his stomach... At that poiat, he was still prone on his stomach-

Q3:

t2l7
1218

Lzt9
1220

A:
Q3:

l22l
1222

Okay. And did he continue - verbali"ing at all once he was rolled onto his side in a position of recovery?
No.
Let me check something out. Was he put on his side - in response to 'Or just part of the standard practice of how you haindle suspects? as anything? It's - preffy standard.

1223 1224

A:
Q3:

l22s
1226 t227 1228 1229 1230 1231 1232

A:
Q3:

.It's

- once they're not combative; put 'ern on their side.

At any point in time did you observe anyone placing their body weight on Mr. Moore's upperbody.
Uppq, body... ..while he was in prone Position?

]3

\234
1235

A:

1236 1237 1238

A:
Q3:

Not on the upper bodY. position Dicl it appear to you at least from your vantago point that based-on his to breathe? be able would Moore and *he; the - officers were that Ivtr. I'm sorry, carr You repeat thet?

t23g t240
1241

1242 t243 1244

A:
Q3:

t245 t246
1247 1248 1249

sure. From your vantage point, where you - where you were, uh, during this struggle, *otd you - form-an opinion about whether or not Mr. Moore could breathe, uh, ryhen he was in the prone position?
He - he appeared able to breathe' Okay,

A:

t250 125t
1252 1253

A:

And the fact that he was yellin' at us - kinda indicated to me that he was still
breathing.
'Was

t254 ,255
56

Yzst

Q3r

Which direction was his head facing?

straight ahead?

it tilted one way or the other or

167

INTERVIEW WITH OFC. KENNETH TU Interviewer: Sgt. Hong

02-14-13/4:30 pm Case# 2013-08510

Page29

1258

1Z5g
lz60

A:

If I remember correctly, when he was prone, his face was tilted to his right.
At any point, did anybody put No'
I don'thave any other questions, Yeah, you - you were talking about, um - what Mr. Moore was saying verbally around the time that Offlrcer @rown) informed hi{n that he had a *urrani, and he started getting more angry. What was he doing physically around that time?
_

l16t Q3: t262 1263 A:

126;4

a.ny

pressue on his neck or on his head?

Q3: 1266 L267 Q2: LZ6g 1269 l27A l27l IZTZ A: tZ73 t274
1265

He was - he seemed real antsy, kinda fidgety, he was - he couldn't stand still, wils - was - kinda rockin'back and for*r and stuff, movin'his arms around, and - and

lookin'all over. His...

illz e3: t277

1280 Q2:
1281

was he sweating?

,"79

'8 A:

I don't remember.
That's it for me.

lZ82 .Q3:
1283

Big(John)? Aoythingelseyouwarnaadd?
No.

1284
1285

A:

iZ86 e: 1287 1288 1289 A:

1290

Thinkin'. Give me a - give me a second., uh - uh, you had with Mr. Hayes, the reporting party, corrbct? I - I didnt sPeak to him.
Oh, you didn't speak to him at

a chance

to speak

e: t2g2 1293 A:
1Zg1
tzg4

all. No conversation took place,

No.

l?96 1297 1298 l1gg A: '300 tJ02 Q:

7

l1g5 e:

Okay. Got it. Did you - did you question him in any way as to, uh, why called or whatwas Mr. Moore's, uh, conditionwas et cetera, et cetera? (Unintelligible)?

he

No. When he walked up, I just directed him to Officer (Brown), the handling officer'
Got

'cause she's

it.'so you

had no conversation with Mr. Hayes.

168

INTERVIEW WITH OFC, KENNETT{ TU

lnterviewer: Sgt. Hong
02-14-1314:30 pm

Case# 2013-08510
Page 30

1304 A: 1306 e:
1305

1303

No.

1307

Okay. All right, Um, concludes the interview with Officer Kenneth Tu, T-U, 1615 hours,.that's 4:15 pm, Wednesday, February 13.

1308 1309

1310 1311 1312

This transcript has been reviewod with the audio recording submitted and it is an accurate

tanscriPtion.
Signed: