Professional Documents
Culture Documents
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CASE NO.
tJ-Pdl"ao
PRI}TD
DAIE
6
) -B;/.t
8 o
10
Officet
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G ftPA* 6 tU
,you
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your a*orn
W, llwpy Sfgal
. You
ate
notin
to answer any questions' condude the intefiriew at afiY dme' You ate not obligated
HaYing rhis in mind' do you Any answef,s you do gtve may be used in a cor:rt of iarv'
t4
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ltfra'pt StrffiJ
ATIORNEY NAI\,{E
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INTERVIEW WITH OFC. (TIMOTHT) GARDNER Q=Sgt.IIong Ql=Det. Johuson a2=ffIarry) S(em A=Ofc. (TimothY) Gardner
14 15 l6 l7 18 it 20 I -22 23
e: Ql: .e2: A:
Okay. It's February 13, uh; Wednesday 18i4 hours.lH: It interview with Officer (Tim) Gardner. My name is Sergeant Hottg, H-O-N-G' Detective Johnson, J-O-H-N-S-O-N, badge 26'
Q: 24 25 A: 26 27 e: 28 29 30 A:
3I
All right. Okay. A- Officer Gardner, could you state your rank
nunber?
Uh, patrol officer, badge nrunber
and badge
i21'
32 33 34 35 36 37 38 39 40 41
e: A: e: A:
No'
Which patol operations team were you working yesterday's shift?
Tqam
-4
e: 42 43 A:
three.
'
2oz
Johnsot&#fa?tffi
'
Case# 2013-085i0
45 e; 46 47 48 A: 49 50 e: 51
s2
yesterday we're all - whenl say yesterday we're always talking about February 12, the day of the incident'
Righl
normal hours Okay. Team three. Okay. What are the nonnal days worked and worked for team three?
54 55 56 Q: 57 58 A: 60 Q: 61 62 A: & Q; .5 .**16 A:
67
63
53A:Mondaythro,,ghThursday,3:30intheaftemoontill,irh,0130in_inthe
moming'
5g
OkaY.Inbeat 16?
Yes' ^-e^-r--,:^ -Li*D Uh, who were your supervisors foryesterday's shift?
6s Q: 69 10 A: 7L 72 Q: 73 74 75 A: 76, 77 e: 78 79 . A: 80 g1 e: 82 83 84 A:
85
Wlien was the last shift you worked prior to yesterday's shift?
The Preceding daY'
shift was a Tuesday' Okay. Today is currerrtly Wrcdnesday. Yesterday's Preciding day you were referring to Monday MondaY' Uh, do you hold any secondary jobs?
8e Q: 87 '8 A:
de
No'
2oB
GARDNER INTERVIEW WITH OFC, (TIMOTHY) Intewiewli: sgi' Hons' De!' Johnson&-Tffi,t#H
Case # 2013485"10
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91
Q:
All right. Did you work any *t'tip: priorio the shift ofyesterday's incident?
No.
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A:
Q:
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prescription or otherwise? Have you taken any medication, No. in the past 24 hours? Have you consumed any alcohol
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A:
Q:
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A:
Q;
Q2:
I got bome last night' Mrn, yes. I had a couple beers when
Okay.
That was Post this incident? Yes.
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A:
Ql;
Q2:
Q:
-r tt
i0
Uh, do you have any medical conditions?
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A;
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ffi
A:
Q:
and between what hours let's say the rast time you slept, how long,
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A:
Q:
So...
tzs
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A:
Q:
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Q:
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injuries during yesterday's incident? Okay. Uh, did you sustain any
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INTERV1EW WITH OFC, (TIMOTHY) GARDNER Interviewor: Sgt. Hong; Det' Iohnson & Harry Stem 02-13-13/6:14 Pm Case # 201 3-085 1 0
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A:
Q:
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Didyoucompletethernjury-city'sand-ardpolicedepartment'sinjruy
report?
A:
Q:
Yes.
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Okay.Um,didyousus-um,I'msony"Doyouwearcortectiveeyeglassesora
contact
lenses?
A:
Q:
No'
;1".ffi;.#d
handcuffs,
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starting with the buckle going Okay. Starting with your front of your duty belt you describe what riuty gearis on your dutybelt?
A:
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with handcuffs lase Uh, well clocl$/ise let1s see. (Uninletligibl^*) baton radio' key ring, ,6 Iitt"i and, um, teft side' uh' flashlight'
ring, asp, and theru uh, exha magaz-tnes'
Okay, Your magazine pouctr, correct? Yeah,
*',
'<4
Q: 1s6
157 158 159 160
161
A:
Didyourdutybeltoranygearonyourdutybeltsustainanydamage? A:
Q: Not that I'm aware of'
The vehicle make and model you were driving
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a**
yesterday's shift?
t64
165
A:
Ford crown victoria' uh, no idea what the year is. [t's a crown victoria Remember the vehicle number?
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169
A:
Q:
Yeah,1742.
170
t75 t76
77
1/6
Police Deparfnent, uh, insignia Um, standard police markings for the.Berkley with a emefgency tight bar and on the sides, black *J *rriti.olor scheme spot lights right and left. vehicle? Okay..Do you normally drive this particular
17g
A:
car'
20S
"ilffii"il
rohnson&-Tffi-i;*
Case # 201
3485 l0
PaSE 5
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2A5
with a violent ,ru:*.i'-ii"tpffi; large struggling to take P *fremety apartnent I saw several BPb offlcers andviolentlyresistingpartialynakedpe'rsonintocustody'Theperson officers' +00 pounds and'ittook several appeared to be approiiilately arrived Rlone with several officers who combined efforts tt ;"tt"ihi"n'oa*' for piut" uiti *to handcuffs and calied with me we mBFDtorespondtoassistwithtun,portinehim.Afterwehadsuccessfirlly. I h" lrid suddenly stopped breathing' placed him in ma.or, it ;pp.*.,i him while othir officers requested assisted with immeorately uncuffing BFD arrived
fi"r,#;;";td "
ernergeilcy medical
ril"ttfv ifrittafter
Q:
706
ZO7
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q'i:I? All right' Okav' So when vou Okay. Can I see (unintelligibft)Itl uh, additional-iequest for additionalunits heardthe, ulu r*aio if you can uroua"ast and what the words were do you recalt *rro *"J. tt ut recollect?
Um, itwas A.4' Mm-hm.
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Q:
A:
2'1e
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Q:
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tih..,
...what code?
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206
INTERVIEW WITH OFC. (TIMOTHY) -GARDNER Stern Interviewerl Sgt' Hong' Det' Johnson & Harry
#;,i#-itl,t
22s A: 227
228 229
231 226 Q: .,.Iresponded code three, lights and sirens' Obviously you you did so?
Page 6
a reason'
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A:
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Q:
kind of stuggle to overcome' Wel[, I - it - it was clear that she was in some f,,"*' from the qualrty of her transmission it was uh, aperson and that ar emergency.
ily""
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Q:
- or, u[
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Q:
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prior to going to the unit where' uh' the Um, did you speak with anyone, uh, officers were at all.'. Um...
,..when you arrived?
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A:
Q:
--46
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249 A:
...wellI_Isawotheroffrcersthereandwestartedgoingthroughtheopen
door... Mm-hm.
jurnped th:.:lt1?i"r to the apartment building and thel we like' "Is that you know, I think, - I thfit (Mathis) slid something go"' And'I said, "We've got enough' L'et's
.. ,or
254 251
,*
and' uh'
l"".yt"ayf-
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Q:
A:
Q:
Ithinkitwasoum_uh,(I{ikos)'Idon,tknowhislastname.Kastmiler?
Kastmiler.
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26s
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Q:
okay.Sointheelevatorwithyouwasyourself,(Mathis),and,uhKastmiler?
Yes.
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&-l#"?Til
\na LIL
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A:
Yeah. open or closed? ...ond, uh, when you reached the apartment was the door
A:
Q:
It was open.
Open.
277
which this area - in which this incident occurred? General area that this, uh, incident occurred.
You mean in the aParblent?
in Uh could you just describe, uh, the Sener.ll iescrinli3l,oitne area the description of
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A:
Q:
yeah. or the landing, apartment, and what you observed before we talk about what you sawin terms of the struggle, et cetera'
and there's Um, well, tltere's s- you krow, the elevator opsns up like an interior courtYard...
A:
it seems
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301
Q:
Okay.
was a railing maybe or ...and I had to walk around the, ung I guess there of an L to get to the open something like that. And so I walked around kind
A:
door. Q:
Mm-hm.
And, uh, so I guess the but the doors kind of open oyt into the courfYard just of kind like, ,ourryard necessarily. I thi$k they were
A:
*rry'aor,t
ru""e
*r.
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you s- uh' you saw the door Okay. All right. Ard, um, so when you got there
was already oPen?
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A:
Q:
Yes.
A:
Q:
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,13
okay.Co.uh-uh,withouttalking-aboutthepeoplernyoutalkaboutwhat tt.roo*rlookedliketothebestofyourrecollection?
208
INTERVIEW WITH OFC' (TIMOTI-[Y) GARDNER Interviewen Sgt' Hong Det. Johnson&Iffilr:;[
Case # 2013-08510
Page 8
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A:
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I don't remember a lot about what the room looked like. I just remember an open door and I was able to look through to a like - a living room area oI something like that...
Hmm.
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Q:
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A:
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Okay. So you saw a matfess and
okay.
A:
Q:
Yes.
Um, so you look in and what are you observing in temrs of the officers and
the subject?
A:
Urn, I observe, uh, a - my first observation Was a very large persOn, very fat, very a lie, obese grotesquely morbidly obese personwith three officers
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of
Y:s
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351
A:
Q:
His name is - last name (Moore). Um, what was }dr, (Moor$',s position and what was the, uh- the positioning of the officers when they were trying to subdue him? Um, I think Officer (Tu) - he was i- i- fust of all he was kind of on his knees and his elbows, uh, or tha- well, maybe his knees and his shoulders 'cause his hands were partially behind his back, um, and it looked like he was tryitrg to rise up. Um, Offrcer (Tu) would've been against the wall, uh, on the - on tr&. (Moore)'s, uh -uh, right side' And, um,-Officer (Brown) would've been towurds his front, his ihoulder area. And, um,I thint it was (Brandon Smith) had ahold of h- the left side of him.
So Officer (Tu) was to the w- right of Yeah-
A:
Q:
Mr. $4oore)..
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...(Brandon Smtth),..
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A:
Q:
Mm-hm.
,
..was to the left, and Oflicer (Brown) towards the shoulder' ' '
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INTERVIEW 1VITH OFC. (TIMOTHY) GARDNER lnterviewer: Sgt. Hong Det, Johnson & Harry Stem
02-13-t3/6:
l4
Pm
Case # 2013-08510
Page 9
359
Mm-hm.
you're-saying based on Okay. And were they,.uh * which way was again, so *t uiyou described ihut Mr., um - uh, (I\4oorels- was on his belly or on his
back? He wasn't on his back. Okay. on his side 'cause a- all But [.don't know if he was on his stomach or partially I remembsr is focusing on where were his hands forthe mostpart" '
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371.
370 A: 372 Q: 373 374 A: 377 Q: 378 )A: 381 382 383
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Q:
37s 376
Okay. ...because I
So when MI.n.
]so
you entered...
A:
,..uh it was only Officer (Tu), (Smittr), and (Brown)' Only,those Ri&r.
three?
Kastniler and okay. And you entered obviously you said - you said with (Mathis)...
Mm-hm.
...and he was not handcuffed?
191
N- no.
Okay. So, uh, seeing what you
A:
stuggle that you see what did you what did you do in terms of (unintelligible)?
*9 *9e?
(01
2 -40:
that there were well I went to grab one of his hands or to help because [-saw to be - there seerned to be at handcuffs on at least one wlist and they seemed least two sets of handcuffs linked together'
21A
GARDNER INTERVIEW WITH OFC. (TIMOTHY) stem sg, rtong, Det' Iohnson & Harry
"il|;i;;
404
405
Mm-hm.
406
4A7
A:
just tried I focused on tlrat hand' uh' and And so one of his hands was free and over clasp or hasp I guess it's called to help them bring trr*l* t *a.,rrropen to the uncuffed wrist.
4lr
412
Doyourecallwhichhandwascuffedandwhichhandwasstilluncuffed?
A: I don't. Not with anY claritY'
hand So you grabbed the uncuffed
4t3
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417
you're saying?
A:
418
Well,I_Itiedto.t-I_Ithfukatsomepointlwasabletokindahelppush clean grip' ililt h*dt together buil didn't have like''a very
handcuff you guys were able to successfully Okay. Um, so, uh, errentually
him?
Yes.
y-o1 can recall peopl.e wlro yiere doing the - if Okay. Um, and, uh - and the Mr"" in the succesitul handcuffing on the specific officers
4r9
420 Q: 421 422 A: 423 74 --+25 Q: 426 427 A: 428 429 430 431 A: 432 433 434 435 A: 436 437 438 Q: 439 A: 440 441 442 Q: 443 A: 444 445 r45 Q:
th";; i#ti"g
Okay.
- I was involvdd
Yeah"'
Okay.
'-
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A:
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INTERVIEW WITH OFC. (TIMOIHY) OARDNER lntcwiewen Sgl Hong, DeL Johnson&__Tft"r?Til
Cass# 2013-08510 Page I I
449
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450 Q:
4SZ
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A: e:
4SS
off,rcers took
450 Q:
463
464 466
462A:Um,well,Ireca]lthathewasstill,uh'strugglhg.It-itseemedlikehewas
trYine to still get uP'
465 Q:
467 A:
Mm-hm Um, and I think (Mathis) had ahold of his lower legs someone, uh, called for the wraP' Mm-hm. we decided that And it was apparent that he would not fit in the wrap and so his ankles. we woul4 uh, put the hobble restraint from the wrap on
Okay, there's ahobble
So
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472 A:
41i
474 476 478 480
475 Q:
restaint"'
477 A: 47g Q:
the"'
Yes.
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+gl Q: \1
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212
GARDNER INTERVIEW WITH OFC. (TIMOTHY) lnterviewec Sgl Hong' Det' Johnson&I#r?T[ Casi# 2013-08510
Page
12
493
A:
Yeah.And-andlthink-[*I'mnotsurebutlthinkitwas(Cardoza) l!a]d' "Let me have the hobble or the dropped the wrap ,igftir.xt t" y1 *a it to iMathis). And (Mathis) w- at that strap,,, and he gave it i" *. *t I gave
point was holding onto his f- ankles" ' Mm-hm.
A:
srap, whatev.,
Ur$' so I handed hlltfe.hobble or the ...because they were thrashing around' held his ank]es while (Mathis) vrapped it,,
.allJ,;[,h*
502
503
ttr.-'-*p
Q:
when you first got there and you saw Okay. Um, so when you described h), offi.*. (Tu), and officer" "
offi;(S*t
Mm-hm.
A:
Q:
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s09 510
511
it asthem having a vety difficult ...@rown), tr, e- d- would you deseribe time withthis mist- tr4r. (Moore)?
512 '13
A:
Yealr.Idon,t_Idon,tt}rinkthattheywould'vebeenabletohandcuffhimifit
weren't for our assistance'
-s14
51s 516 517 518 519 520 521 522 s23 524 525 s26 527 528 529 530
531
Q:
officers are akeady having a.verr $itricuft so the three officers were e- thrree u.rief that without your help and the other time and you were - v"II---*;r v"*
officer,shelpthatitwould?vebeenvery-itwould,vebeenhardanddifficult
i;;;t;*
A:
ffir.ril;-# ;;;;;*i.
struggle.
Q:
where Mr" uh' (Moore) was n- uh' not Okay tlh, during the struggle period complying...
A:
Mm-hm.
commands to Mr' (Moore)? ...did you hear officers give verbal
A:
Q:
were' I do but I don't remember what they police comrnands? Okay. But you knew they were Yes. Yeah.
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535
A:
Q:
s36
537
213
INTERVIEW WITH OFC. (TIMOTHY} CARDNER Interviewer: Sgr Hons Der Johns'tftjffi,t-T;
Case# 2013-08510 Page 13
A:
s4t
542
for him to, I don,t rem- but I - I remember that there was some instruction his hands you know - youjust - stop resisting ot put his hands -just Plt though' exactly tehind his back, something like that. I don't rernember
Okay. Now
Q:
y.ffi-
Mr. (h4oore)o uh, do you remember him v' saying anything' . ^ 6u, *L mr - *frut was he.verbalizing during this - the struggle?
A:
remember h- h- or him I remember him - him yelting loudly, uh, but I don't articulating any words that I could make out'
Q:
of pain of any way okay. Um, do you recall if Mr. (Moore) was complaining ;;6il;"g that he was having difficulry breathing of any way during the stuggle?
552
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Q:
5))
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557
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Q:
weight? And you are - what's your stature? Your height and
S-
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A:
195. Okay.
A:
Q:
ReasonablY. Yeah.
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A:
A:
Q:
A:
Q:
s82
Z1l
INTERVIEItr.WITH OFC. (TIMOTHY) GARDNER Intcrviewer: Sgt, Hong Det. Johnsoir & Harry Stem
02-13'1316:14 Pm
Case # 2013-08510 Page 14
583
584
585
A:
Q:
Mm-hm.
you describe if you can Did you at all - can you - during that period c- can on top *""if".t tfr* positionint of - wa*s a, ud - other offtcers were they at all any head' of his top on of Mr. (Moore), uh, oniop of chest, on top of his belly' oftlrat do you recall? my focus vgas really I don't really recall that, um, anybody on hirn because to his iiigafy." ietting his hands handcuffed and then I immediately moved of someone So, um, I don't - I don't have a recollection f.ri i"Lfp
586
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59r s92
593
A:
iU*tftiO.
squarely on him'
Q:
A:
Q:
No.
and or um, are you, ul1 based on your taining anf .experience you able to, training yoo *uy have oi specialized training are *V "aairioral someboiy who may be uriiler fte influence of some kind of uU, t "ogrre narcotic or illicit drug?
Okay.
Um-
-J3 604
605 606
607
A:
Sure.
Okay.
A:
Q:
Yeah.
Wouldyoubasedonyoulesti-basedonyourtrainingandyourexperience
6t2 6t3
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61,6
*,,rav*saythatthisMr'(Moore)wasundertheinfluenceofan.inany
way? that that's It w- just based on his behavior it w1s my.suspicion undei the irfluence of a - some kind of stimulant'
A:
that he was
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618
Okay.
619 620
621,
A:
LJh, and
622
623
Strength?
624
<25
A:
Q:
Yeah.
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627
215
T:IXLIYUr##?il'irfl H"Jfls"3f*
#;'i,,1li:ltifi
Page
15
A:
I don't remember that. Uh, was he sweating profusely (unintelligible) anything like that?
632 633
A:
Um, no. It was just more from - from my point of view his - the - the violent * behavior and - and the I guess how strong he was in - in the in terms of his
resistance.
634
635
Q:
Okay. Um, before going - let me back track just, uh, real briefly. Before-going to the call for assistance on the radio did you even know what type of cdll that these officers were at? (Brown) and, uh, (Tu).
A:
64t
642 643
I remember hearing the call originally of sorne kind of disturbance, some kind of, uh, fi.ght between roommates and I heard three units - I believe three units got disparched to it. So I just kind of a.bsently heard it and - and then I didn't fiear anything rnore wfil all of a zudden I heard (Elaine Brown)'s re- voice on the radit urklng for help or cover - additional units'
Okay. LIh - uh, let me just do this real quick then. Have you ever had any prior contact with Mr. (Moore)?
Q:
-649
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A: Q:
6sl
652 653
okay. Do you have any prior knowledge of Mr. (Moore), who he was and what he was all about?
6s4
555
A:
um, no. I * I kinda feel like there was a cail last week, ut1 of a 5150 at some point and I thought maybe it was the same pe$on when the cali went out but I
have no idea
6s6
6s7 658 659 660 661 Q:
if
it was or not.
* Okay. Um, all right. So, uh, you said that you were you - you - you and the othei officers were able to successfully handcuffhim. A'1d were you and Offrcer (Mathis) or any other offtcer together able to suc- successfully restrain
his ankles?
A:
Q:
Yes, we were. Okay. After his airkles were restrained and heos now in handcuffs did the struggle continue?
A:
Um, yeah. We e- he was still trying to don't know how long that went on...
Okay.
and move'
Um,l
-itz
1
Q:
216
Johnson&-TiHr?t;H
Case # 2013-03510
673
A:
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675
keep him ...but we - we had to basically immobite- or t- to tlre best of ability and there and that* in o"r place while we decided how to get him tansported we realized he was some discussion about, uh, the ,urip ,ertos BFD and then was just too big to fit a wrap so it had to be BFD'
Q:
how was H- when you said you kept him immobile like, to your recollection Mr. (Moore) kept immobile while waiting for, uh, BFD?
A:
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685 686
687
I was - I - I feel like he was partially on his side because when ulr, Vou $ly'um' on on down at his arkles, um, his ankles were togetlter, was othe, and like I said, I didn't really, um, look to hil head but I tp and And "rtrr" onto his ankles or (Mathis) was. I can't remember what. fro'fOlrg
It was that's it.
looking
Ql:
688 689
on his you're saying that, um, it would be inconsistent with him beine.flal stacked one on bact or flat on lis stomach, uh, to have his ankles appear to be
So
the other.
A:
That-yeah.
Like
-1o94 595
Qr:
A:
like, I'm doing with my wrists tike that? Except he was on his back. He would be more parallel?
696
697
Right. you knowthat you were And so yoI]J recollection is that because of the way i,;id*g'il *kles if - you believe that he was probably o11 at least partially on
his side,
..
Ql:
A:
Correct.
A:
Q:
709 710
712
7tl
713
A:
Q:
7t4
715
l6 '*717
A:
No.
217
WITH OFC. TTIMOTHY) GARDNER INTERVIEW -'t t rriu*tt, Sgl, Hong DeL Johnson & Harry Stem
02'13-1316:14 Pm Page
17
Case # 2013-08510
Q:
aS you said as to the wrap okay' All right. Um, and so there was a discussion d- was it determined based on or BFD and when yor.uia, uh, was it - was it a-isrusrion that you were gonna call BFD?
A:
Yeah. I Okay.
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*'r39
726 727 728 729 730 731 732 733 734 735 736 737 38
A:
;;i"G;^#,"
Q: Got it. So, um.
better - it was he,s too big for the wrap. we *Yeah' thev'll il- S;td;,uh, (Ptillip;i*u 'o*tthiog like'
It was
A:
it was some kind of I don't know if she used the word four point but restaint...
Yeah.
A:
Q:
740 741
742
BID'* bring a yorlr decision was that you guys gonna get the hi*Lio - io a medical gumev and to gurney up so you take him down?
So you
d;;t*rp
i *"
743 744 745 746 747 748 749 750 751 752 753 754 755 756 7s7 758 7s9
76A
A:
Q:
Right. _ while at,- did yoll know at the time white during you know do is is Question rrupiffi *ny trr."mcers, u[ wanted him restrained in the struggle handcuffi? What was the intent?
**
A:
Q:
okay.Arrdafterthe-everythin.gcatmeddownandtheyweretoldthatwe,re to take him out of the room do you gonna get the gurney f;.;'h;ltd'' Moole) [no* it y he was gonna be taken out of the room?
No.
Okay. IJm, so, uh, you're
A:
correct?
A:
Q:
Yeah.
761
762
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TNTERVIEW WITH OFC. (TIMOTHY) GARDNER Inte*iewer: Sgt. Hong, Det. Johnson & Harry Stern 02-13-13/6:14 Pn 'Ctise# 2013-08510 Page l8
763
A:
Q:
unforhrnately, Bm - um, Ivft', uh, (Moore) And while waiting for the gurney -Could you describe how that came about to the best had a difficulty breathing.
ofyour...
kr"*,
we were waiting for the gumey and I don't remember the passage of you know, we - we timen uh, but it was not that long, um, and then, eh, he weren't holding him down at that point. Uh...
You were not?
it
Q:
A;
No. Um, or
we were it was lilie, light touch just the way you might, uh, you'lI hold On to someone without pressure but knowing if they start resistrng
if - if
'184
785
Right
...was,
.786
787 788
uh:uh..
A:
Right.
789 790 797 792 793 794 795 796 797 798 799 800
801
A:
A:
Right.
Okay.
A:
who it so with that khd of, uh, I guess a iight touch, uh, it - I don't remember wasn't. So, um, was said, "H.y, is he breathing?" And I - and I looked and he need to do * w9 well, we tumed *- *.tt I guess it we immediately decided .fr*.i.o*prrssions ight away. And, uh, Sergeant (Phillip$ asked for, uh, term, something BFD to rqspond to a riedical emergency. I think she used that
like it.
)6 t07
Ql:
okaY'
ug
INTERVIEW WTH OFC' (TIMOTHY) GARDNER Stem Interviewer: Sgt. Hong Det, Johnson & Harry 02-13-13/6:14 Pm
Case # 201 3"085
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and, um, And I immediately went over and attempted or did unhandcuffhim be roiled yr- rrrr*, po- u- it *ut tioJof all one motion where he was gonna So unhandcuffhim' to thr;d;nto his Uu.ttfr"r.fo* I wouldn'tbe able was it who th;i poiirt f was unhandcuffing him as - as I don't rernember
;i
; ;;ffiffiilhis
Q:
So you
back
*d tt.n i:***diut
814
815
8i6
817
818
A:
Yes.
Okay.
SuccessfirllY ?
822 823
And...
.824
825
A:
Q:
Yes.
826
827
'*629
831
l8
A:
where they were doing okay. And he was rolled back onto his back and thenthe officers started doing CPR? Yes.
and
830
832
833
Uh,doyourememberwhot-whichofflrcerisdoingthechesicompression?
A; It was OfEcer (Tu).
834 835 836 837 838 839 840 841 842 843
okay'Doyouremdmberwhowasdoingtheairwayportionofthe_theair?
A:
Q:
was clear? Um, you mean making sure that the airway Yeah. Or
if (unintelligible)'
A:
Q:
I...
...normally you have somebody at the mouth" Risht.
...and somebodY at the chest'
'
8M
845
8;46
847 848
849 350
A:
22A
H:IX',fJ#,H.ff:,:lrflJf,"J?s,'313* pm
02'11-1316:14
Case #
20t3-08510
Page 20
852
853
Q:
854
855
la- sOkay. All right. So if you can femember from the time that the f- for the suh, iack of a better expression from the time that the, uh, fight was sstopped to the time that he stopped breathing'.
Mm-hm. ...what
A:
A:
Q;
Yeali.
uh, okay. so what- what are you doing while, uh, ttre officers were doing, CPR on IvIr. (Moore)?
869
870
871
A:
-12
irformation as to whether or not BFD was was in from a firI'or something like that 'cause there was another incident that arrived progress. And so I was,-um - I went out the door to see if they had icause I was gonna lead 'em back into the, uh, room'
.#tirti"g,
uh.,
there was - [ went out the door 'cause BFD - I - wellon scene or comiag
Q:
Iknm.
and I think, urn - uh, you know, there was some talk uU*t, yo,, koo*, let's get these guys here, you know, s- can we speed it up or something like that.
So I was, you know
876
877 878
A:
879
880
881
Qr
Okay So...
882
883
A:
Q:
887
888 889 890
891
A:
Q:
A:
Q:
to..
892
893
And then.
994
-i5
A:
kind of thing. ...sh- keep going out to see are they here yet. You know, that
'-a16
221
TNTERVIEW WITH OFC. (TIMOTHYi GARDNER Interviewer: Sgt. Hong DeL Johnson & Harry Stern
02-13-13/6: 14 Pm
Case #
201348510
Page2l
897
And w- every time you went back in it was just simply the officers" '
A:
Just...
...continuing CPR?
902 903 904 90s 906 907 908 909 910 971
91,2
A:
Yeah. And..
(Unintelligible). A:
alone point I asked Officer (Tu) know, give him a break or...
..
.*
if
he needed, uh
Yeah.
A:
...to take over if he was getting tired and, ulU but he seemed to be doing a pretry good job. And he said no, he was fine'
Okay.
9r6
1'7
A:
'=r18
919 920 921 922 923 924 925 926 927 928 929 930
931
A:
I Yeah. And so I think it might have been my second time out the elevator so I saw it head the -the t- you know, elevator coming up or something and room' the open. I said y- in hsre guys' And let 'em into
And, um, BFD came alrd, uh, kept working on Iv{r' (Moore) an{-1hey transportla him in the ambulanci to Vqur knowledge to (uninlelli$b1e) the hospital? so when * after they trans- after they took Mr. (Moore) out of ,oo* ho* - did you stay or did you - did you leave or what - whaf happened
thereafter?
Q:
A:
Q:
Well,I left
When Yeah. When *re Yeah.
A:
Q:
fire...
A:
Q:
n4t
10
...and paramedics
arrived?
Z2Z
Pm
l0
Page22
,i1 A:
944
946
942
g45Q:Isee.oCausethe_okay.Arrdsoyouwent-you.left?
Yes.
950
9s2
954
offi
Nas
^ 951A:Yeah'No.!un,stayedattheapartmerrtjusttobr.untillr
*^.,a,{ ar rho
onq#w
relisved'
953 Q:
956
9s8
OkaY'
g55A:Andthenatsomepoint,um'Iwastoldtogobacktothestation'
, t.
r,-
g57Q:okay.Whotoldyoutogobacktothestation?
tlh,
Sergeant Ross'
960 which sergeants were on Okay' Um, do yourecall y-hich suf.9rvising unit or 961 Q: .2scene}uh-rrh,atthatincidentoutsidetheapltmlt,insidetheapartrnent_ which - which supervisors arrived and were there? V3 964 theroom' Well I know, uh, (Ben Cardoza) and (Amberi w'ere in 965 A:
966
g5g A:
961 Q:
971
Mm-hm' _ was downstairs and, ...in the aparknent. (sha-wrr) was, uh (shawn) Ross that's as much as I recall for sure'
OkaY'
utr,
3:3 A: g7O
972 Q:
'r7,?^
97s
977
A:
I can't be sure
at some Point'
976Q:okay.Va.(Van)Huynhis,uh,H.U-Y.N-H?You,renotsureifhewasthere?
g78 A:
Yeah,I don't"'
979
9s0Q:okay.Doyourememberanyotherrankingofficerthereon_onscene?
981
982 A:
]5
No'
983
?84Q:Okay'Um,let'ssee'Um'doyouhaveanything?
223
T#,,i1il
Did you interact with any subjects that weren't police officers or Mr. (Moore) during the time when you came there in the apartment (unintelligible)? I, um - when was" ' Mm-hm. ...and there was a person and I don't know who it was but they were like, looking and it looked like they knew what was going on so I said, "Where is
969 A: 990
9gZ Ql: 993 gg4 A:
991
it?"
Mm-hm. *Where's the room," maybe or something like that. And he just pointed,
OkaY.
So
t002 Ql:
1004 A:
(unintelligible).
1010 Ql:
1011
I0L2 A:
N- notto mY knowledge.
OkaY.
1013
Okay (gnintelligible). Okay. Lh, actually I got some questions. Last ones from me. bf uU the offrcers on scene that you re- can caJl - you can reoall- . -
Mm-hin. Mm-hm.
t021 Q:
t020
.,.ohy,
at any time did any officer or you strike Mr. (Moorei with a open
No.
t025
224
r*
"5;,1 ?r?rfiT
Case # 2013-08510
Page24
:!
103
1032
1033
A:
No,
rc34 Q:
Did you or any other officer to your, uh, recollection use any type of weap' afly type of instrument that can be used as a blunt object? No.
1039 Q:
Q: t044 1045 A:
1043
1046
i31l
A:
A- up in the a- aPartnent?
8- up inthe apartnent,
Yeah. No.
1056 Q: 1058 A:
1059 1057
Pnintelligible) no.
That's iL
Okay. Uh, what about outside while you were leaving and, uh, you were outside waiting to be relieved]
1060 Q:
. Um-uh,(AndrewFranco)wasthere.Um, (TimKaplan)and,um..'
Okay.
1065 Q:
. A:
...that'sit. Thatwasasfaraslremember.
(Hany), anything?
No, thank you. Um, is there anytbing you want to, uh, add that we may benefrt from knowing?
rA74 -'5
{J73
Q:
225
INTERVIEW WITH OFC. (TIMOTHY) GARDNER Interviewer: Sgt, Hong, Det. Johnson&
T;flrf;Tfi
Um, I would just say that - that we did our behave very ProfessionallY'
Okay. Good. (Unintelligible). Ali right. It is, uh, 1847 hours. This concludes the interview, uh, Officer Gardner, G-A-R.DN'E-R'
I
This transcript has been reviewed with the audio recording submitted and it is an accurate tanscription. Signed
iogs
1082
1084 1085
226