7

BERI.<ELEY

OIJ CE DEPARTI\&NT

L
3

4
5

CASE NO.

/l- elfta
ezuNr)

DATE
6

0l-rl-/J
(PRINI)

7
8

I
10

STATEMENT TO INVOLVED OFFICER:

by tyou ate b.irrg teptesented hete at this intirview
custody aadyou ate ftee to lrl custo' notin You You are ate flof

Officet
11 72 13

fuv^^ttuc ,

SHqtt

yorrr

'-1 nb attofflefDelE

?rd!alr-. nR]*

conclude the intesview at arry time. You ate $ot obligated to answff any questions'

t4
15 16

do you Any ansurets you do give may be used in a coutt of law. Havigg this in inind,

17

wish to voluntadly proceed with the intewiew?

t8
79

z0
21

Bin;,u},ar,
OFFICERNANIE

S..wg-

22
23

Q .,u?.fuAr*
ATTORNEYNAI{E
SIGNATURE

2+, 25

/ INVESIIGATOR NAME

/fu"'q-

INTERVIEW WITH OFC. (BRANDON) SMITH

Intcrviewer: Sgt' Hong 02-13-13/8:45 pm Case# 2013-08510 Page I

2
J
a

4
5

6 7
8

INTERVIEW WITH OFC. (BRANDON) SMITIT

Q=Sgt. Hong Ql=Det. Johnson Q2=(Sarah) Burdick A{fc' (Brandon) Smith
am February l3,Z045hows. Interview with Officer @randon) Smith. I Sergeant Hong, H-O-N-G. Detective Johnson, J-O-H-N-S-O-N, badge 26' (Sarah) Burdick with @aines), (Luche), (Estern),
B

9 IO
11

12

t3
15

t4 17 t8 19 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 3s 36 37
3E

Q:

16

Ql:
Q2:

-U-R'D-I-C-K'
3.

A:
Q;

officer smith - officer (Brandon) smith, s-M-l-T-H, badge number

All right. officer smith, could you state your rank

I am
an Offlrcer, badge number 3.

and badge number?

A:
Q:

And what was your

*,

h-

what was your hire date with um' BPD?

A:
Q:

Uh, sworn date was December 13

of 2002'

uh, BPD? Do you have any prior law enforcement experience prior to

A:
Q:

No.

utr, which Patrol operations Team did you work yesterday's shift?
Team 4.
Is that your normal uh, Pakol team?

A:
Q:

3e
40 42

4t,A:
Qr

Yes.

43
44 4s

From here on out

okaf,

ifI

say yesterday

I'm referring to February 12, Tuesday.

Z4g

INTERVIEW WITH OFC. (BMNDON) SMITH lnterviewer; Sgt. Hong

02-13-13/8;45 pm
Case # 2013-08510

Page 2

46 47 48 49 50 5l 52 53
54

A: Q: A: Q:

Correct. Today is currently February 13, Wednesday. Um, u/hat are you notrnal days worked and normal hours worked?

Monday through Thursday, 8:30 pm to 5:30 am.

What was your call sign during your shift yesterday?

57 Q: 58 59 A: 60 61 Q: 62 63 A: 64 55 e: .--i6
67

!|

A:

4Adam5.
What beat is that uh, area? Beat 5. Okay. Uh, who.are your supervisors for yesterday's shift?
Sergeant Phillips and Sergeant Huynh' Sergeant Huynh is spelled uh,

H-U-Y-N-H, Phillips P-H-I-L-L-I-P-S. fue

they Yow normal suPervisors?

Yes.

68 1Z 7t 72 73 74 76
77

A: ; A: Q: A:

U[

prior to yesterday's shift when was the last shift you worked?

The nightPrior. Thank you. Which would be Monday?

Conect.
Correct. Uh, do you hold any other secondary jobs or occupations?

Tg e: 79 80 A: 82 Q: 83 S4 A:
85

No'
Um, did you work any overtime prior to yesterday,s shift? No. Have you taken any medication, prescription or otherwise?

8l

86 Q:
90 Q:
d9

Have you consumed a- any alcohol in the past 24 hotus?

249

INTERVIEW WITH OFC. (BRANDON) SMITH

Il'%fff:i:ff#Tlf
Case # 2013-08510 Page 3

9l
92
93

A:
Q:

No. Do you have any medical conditions? No. Prior to yesterday's shift when was the last time you slept and how long? Uh,

94
95

96 97
98

A:
Q:

99
100
101

A:

r02
103

morning approximately 8:00 am and t woke up at approximately 2:30 to o'clock in the aftemoon.
Okay. Did you sustain any injuries durhg yesterday's incident?

I slept when I got off of work um, which would have been Tuesday

104
105

Q:

106 107
108

A:
Q:

No.
Do you wear corrective eyeglasses or contact lenses?
Yes.

109

'10
_.11

A:
Q:

tt2
113

What were you wearing YesterdaY? Contact lenses. Regarding your unifomr and duty beLg sta*ing from the front belt buckle goi;g Aocfwise would you describe what - could you describe what'duty gear
is on your duty belt?

114

A:
Q:

1ls
116

tt7
118

lt9
120

A:

tzl
t24
125

122 123

126

I have uh, a key silencer with keys. Next to that I have uh, a Set of handcuffs with a gaxrylng case. To the right of that I have my duty weapon holster. uh, to the righiofihat as we circle around towards my back I have my OC canisteiOn the left rear side I have a flashlight holder. Did not actually have radio. Next a flashlight in it. Urn, next to that I have my radio holder and my to that I have a baton ring. Next to that I have an asp. Uh, then directly in front on the left side I have my magazine case with magazines.

t27

t28
129
130
131

All right. Did yorrr duty belt or geff sustain any damage?
A:
No.
What vehicle make and model wqre you driving during yesterday's shift?

132
aa

)J

134

A:

It was a Ford Crown Vic. Um, the City identifier

is 1744'

13s

260

INTERVIEW WITH OFC' (BRANDON) SMITH Interviewsr: Sgt. Hong

#;f;fl8.ffii,T
Page 4

136
137
138

Q:

And what kind of markings and emergency equipment is on this vehicle?

A:

139
140

It's a black and white patol vehicle with a Berkeley Police emblem on the front doors, both driver and passenger side. It has LED lights on the top.
Okay. LED lights are the emergency lights? Correct. Do you normally drive this particular vehicle?
Yes.

141

r42
143

144 145 146

147
148

149
150
151

Q:

Were you a single officer vehicle or a double officer vehicle?

A:
Q:

Single.

152
153
1,54

AII right. So you',ve prepared a supplemental police repo.rt regarding this incident, conect?
Yes.

'<5

_6
157

A:
Q:

ls8
1,59

All right. .{nd you have it in front of you at this time. Could you please read your iolioe report uh, verbatim and uho you know, wQ can listen : hear what
your police report reads? Yes. Case Supplemental on 2-12-13 at approximately 2354 hours I was tO (Alston) Way, Aparffirent 514 as a cover officcr toi*ij.rFP.o-^II-:: dispatched to OtfiS_ffiii_ffi._E*if:Ag3itet6f,i I arrived on siene and met with Officei (Brown), baAge i6, and Officer Tu, badge 38, IFO the address' The RP (Hayes) walked up to us and led us into the apartrnent complex. He saidthat hir ioo***t , (M!orc), had kicked him out and needed'.to,be=5''150+od. I went upstairs with Officer @rown), Officer (Tus) - Officer TIf and (Heyes)' (Hayes) unlocked the aparhent front doqr and Offi.cer (Browu) calld out to the lmding and ifr{oorel (Moore) cami to the door and stepped out onto upp.*.Ar..y agitatsd and angry. Officer (Brown) began speaking with

160
151

162 163 164 155 166

167
168

A:

it

169 170 L7L

172
1,73

t74
175 176 177

(Moo*). ani after Officer (Brown) verbally identified him;I condtcted a iecords check of (Moore) and (Hayes) with Telecom. During this time (Moore) grew increasiqgly agitated and had difficulty staying on topig. .
-

'"8

.--

t9

r80

(fr,Ioorei was at times incohercnt aud tambled ou about the F- FBIwatOhing nim. (Hayes) was foundto have a $5000 warTant out of San Francisco' I told (Hayes) uUorrt t ir warrantand that he was goiag to be anested. (Hayes) was rooi.rutir* and I walked him downstairs. I placed (Hayes) in handcuffs and begm to search him incident to arrest when over the police radio I heard Ofrcer (Brown) request Code 3 covef. I placed (Hayes) inthe back seatof my

e51

INTERVIEW WITH OFC. (BRANDON) SMITH

Interviewer: Sgt. Hong 02'13-1318:45Pm Case # 2013-08510

181

182
183

184 185 186 187 188

189

t90
191 192
193

194

(Hayes) his person and placed it into apaper bag. Offrcer (Kaplan) transported (Hayes) in the foihlt warant. I contacted to the BerkeleyJail and booked Berkeley Jail and qbtained a signed witten statement fro* hiT: (Hayes) said in summary that hq lives with (I\doore) at2ll6 (Alston) wav,_lt{umbet 514And they have known each other for about 15 or more years. He said that

pahol car and ran back upstairs to Aparment 514. (Moore) was on the bed on iris stonrach resistiug Officer Tu and Officer (Brown). Officer Tu had (Moore)'s right unist in a haadcuffand Officer (Brown) was trying to gain conmttf (Moore)'s left wrist. I hetped Officer (Brown) get (Moore)'s left arm behind his back so that he could be placed in handcuffs. During the incident (Moore) continued to struggle and pull his arm away fr9m us. As soon as (Moore) was placed into handcuffs other offrcers arrived and I went back downstairs to ensure that (Hayes) was still inthe back of my vehicie and okay, I removed (Hayes) and searched him, removing all of his property from

[i*

i95
196
197
198

199 ^00

-Jl 202
203 204 205 206 207 208 209 210 211 212 213 274 2Ls

(Xavier) has used many drugs on a regular basis since he has known him and tt ut fr. mostly uses crack and methamphetamine as well drinks alcohol daily to get drunk, He said thst on 2-12.13 when he returned home around 5:00 to drunk. tte 5:0"0 pm that (Moore) was high on methamp- phetamine-and was frght' He to wants and said ttrat when (Moore) is higlr and drunk he is mean r"it ttrut ftfoor"l asked him for money to buy more alcohol and he told said that (Moore) became very atlgry and wouldn't leave (Moore) "o.Gfuy.r) They were axgulng and (Hayes) said that because he has a temper rrirn just leave. he decided to try to ignoie (Moore). {Moore) then told him to who took him to the apartment where iHayes; said hathen ."tl.d tt " police ifrry qpoLt with (Moore)' He said that (Moore) was acting ',ie*Y boom life a *othirfurt r, quote, end quote. When askedwhat that meant (Hayes) said quote, end that he *ur uitiog like he does when he's really high and drwrk, thoughtttrat and quot;. (Hayes) *id th^t (Moore) had threatened him earlier (M""rd *L"fi afiackhim andthat is why he left. He said that (lrdoore) had a .rriolrn.. and he had stabbed someone in San Francisco a few years history Lf pri- piior. See (Hayes)'s signed written statement for further, Nothing further

**..

to report. Q: Q2: Q:

Okay.Do you have any (uninteiligible)?

I do. Yes.

zl6
217 218

All right.
I was.

So you were on routine patrol. And were you dispatched to this call?

219 220 221 272

r-J

A:

And you were dispatched along with which offltcer? A:

--24
225

Officer (Brown).

252

INTERVIEW WITH OFC'IBRANDON) SMITH

02-13-13/8:45 Pnr

*u ro,,

f.T.,8

226 227 228 229 230 232 233 734

231 236 238 239 241 242 231

Q:

And who else? Offrcer Tu was in the area and attached himself to the call' And you were um, Adam 5. ...Adam 5. Okay. Did you time together?

A:
Q:

['m sony ' Adsm uh.'.

A:
Q:

di{ you all arrive approximately

about the same

237
240'

A:

officerTu and officer (Browu) were on

had

scene when I arrived- Um, and they

just arrived.

Q:

(Hayes) All right. And when they anived were they already speaking with l.{I.

or'

oI-..

243 244 745 247

248
250

A:
Q:

No. They were staading IFO the apartment complex' (flayes) okay. And so when you arrived the three of you spoke to Mr.
Yes. Okay- Um, urn, do You recall um...
?

A:
Q:

249
251

'Q2:
Q:

Did you want to ask me something?

Huh?

252

2s3
254

255 QZt 256 2s7 Q: 258 25e Q2: 260 261 Q:

262 263

Did you want to ask me something? No.

Oh, okay.

best of your fuid again a srimmary of what Mr. (Hayes) told you again to the recollection? He saidthat unn, he wab very upset.about being kickedout of his aparfrnent. not onmedication his roommate um, was utl mffiIr--yEFlBEHiZorol-Htiq was was a - an tfep uuu and was drurk and high. Basically it sounded_like

264
265 266 267
:)68

A:

Gr;;

(Moore) about why he go:t kicked 9ut -{nd he believed that um, .A.a to be taken to a psychiatric facility'

lto

e:

Did he say why?

,253

INTERVIEW

MTH

OFC, (BRANDON) SMITH Interviewer: Sgt- Hong

02-13'l3E:45 Pm
Case # 201 3-085
1

7;71

272 A:

He

just said he needsito-:.bq5,-l-S0l.Ed,'He'scrazy'

273

274 Q: 275 276 A:

277

He used that terms-5150?

Yes.

Z7S e:

Okay. Did he say anything about weapons or anything like that?

2g0 A: iil 282

27g

ha! aly weapons he said know that that there was uh, there were knives in the kitchen but that he didn't ' if (Moore) had anY on him.

um, when we asked if there was any weapons - if

lre

,ii e: 285 786 257 A: Zii e: ?sO Nz A: ,rz:r Q: 295 296 297 A:
298

283

Okay. Did he tell you aParrnent?

if anybody else other than (Moore) was in *re

tlh, he didnot. just okay. And uh, based on this information you - all four of you now proceededback up totheuh, aparbnent?
Correct. than your okay. um, did you bring any special equipment with you other standard duty belt andyouruniforar?

No'
So yourself,

300 301 302 303 A: 304 305 e: 306

3A7

Zgg e:

*.ffi"i
or closed?

Offieer (Brown), Officyr Tu, and Mr. (l{ayes) go upfo tfe ana *neo you arrived uh, at ulu Apartrnent 514 was the door opor

It was closed'

entr5f Is *rat Okay.Uh, who uh, and Mr, - you said I{r. (Hayesi assisted in
correet?

308A:Correct.Heusedhiskeytounlockandopenthedoor'
309

310 Q: 311 3tZ A:

?1?

It{ilFhm.
And then he stepped to the side'

315

Q:

okay. IJh, were you at tliis point able to see iuside?

254

TNTERVIEW WITH OFC. (BRANDON) SMITH lnterviewer: Sgt. Hong 02-13-13/8:45 Pm Case # 2013-08510

'

316

A:
Q:

um, it was only crackBd maybe 6 inches. so what t could

see was

just a wall'

3t7
31$

Mr. (Moore)? Which officer to your best recollection was the first to address
Uh, ttrat would have bqen Officer (Brown)' Okay. Do you recall what she said?

3t9
324 321 322 323 324 325 326 327 328 329 330 331 332
333

A:
Q:

A:

(Moore)'s first uh, she -.I think she yelled out um, "(xavier)," wiich is Mr. answer and ,amr. Um, she yelled out, "(Xavier),'i u*, and I heard somehody come to the door. And then a conversation started'
he step outside okay. And when - and Mr. (xavier) uh, came to the door did the tirreshold or did he stay - stay in the doorway?
He opened the door and stepped

Q:

A:
Q:

partiallyout onto the landing.

334

with Officer okay. And that's where uh, he continued tbe conversation (Brown)?
Correct.

ai5

--)6
337 338 339 340 341

A:
Q:

white officer (Browu) is en- is engaging Mr. (Moore) in conversationuh, what were you doing?
[Jh, the - t]re ianding we Um, I was just listening and beinga cover offtcer. *.i" on, Gr. *u= uh,iike 4 foot-from the door was just a railing'and then a floors. So if anything lent bad I wanted to make sure thatwe drrp *rio;t go*, get tluown ovei the - the landing. So I was - I was in close

A:

342
343

il;

344 345 346 347 348 349 350

351

proximity.
Q:

Okay.L-howmanyfeetawaywereyoufromm.officer@rown)andMr.
(Moore)?

A:

Um,4 feet.
Okay. So you can overhear their conversation?

352
3s3

354
355

A:
with Mr' (Moore)? wlrat was the summary of officer (Brown)'s conversation A:
asking questions about what um; they were speaking - officer'(Brown) was *r, ga*g on,r*, inforining more whywe wer-e called. And um, (Moore) was not on topic' r- tfr&, rlhis replies were um, very random and

356 3s7
158

_.59
360

255

INTERVIEW WITH OTC. (BRANDON) SMITH lnterviewei': Sgt' Hong

02-13-13/8:45 pm Case# 2013-08510
Page 9

361 352 363

Q:

You mentioned he - he - he spoke of the FBI?

Correct. Okay. What was he saying about the FBI?

364 365 366 367 358 369 '370

371 372
373

A:

A:

Um, that the FBI was watching him. Um, I recall him saying something similar to um, that he had to talk to the FBI to see if he could speak with us because he wasn't sure that we were police. Um, I think that's kind of - that that came up several times during the entire conversation.

Q:

374 375 375 377 378 379 ?80

1

Now during this period of time while you were observing IT, Mr. (Moore) did you notic,e if he was under the influence of any type of drug o- drug or
alcohol?

A:

Um, he appeared to be under the influence of some sort of narcotics. His pupils appeaxed to be dilated. Um, he was very, very fidgety um,_constantly putting his qlothes, scratching at his body um, could not sit still, tlands were constantly moving in motion. LJh, he had hard time standing still as well. Okay. I forgot to ask but w- how was he dressed?

382
383

J84
385 386 387 388 389

A:

Uh, he was wearing a blouse of some sort that was uh, iike a half shirt so his belly was exposed. Um, I think it was more of a - I don't evenknow what they're called um, but it was tight above the chest, went under the armpits. can you help me \Mith that? Do you know what those are called? Halter top?
Tube top? Tube top - killd of atubb top with the bofiom being high so the be1ly was exposed.and a skirt. I believe it wss flower print um, that was probably knee

Q2:

390
391

A:

392 393
3i94

hishQ: Okay. Do you remember what color this flower print skirt was?

395

396
397 398

A:

Multi-colored. Bright colors or earthlY tones?

399 400 401 402

Aq3 4

A:
Q:

I don't recall. Okay. Um, now uh, did m- did Officer uh, @rown) give any direct orders to Mr. (Moore) at this point while you guys are still outside the apartrnent?

4As

256

INTERVIEW WITH OFC. (BRANDON) SMITH Interviewer: Sgt. Hong 02-13-t3/8:45 pm

Case# 2013-08510

Page l0

40t6

A:

447 408 409

On - on multiple times s- um, Officer (Brown), trying to get (Moore)'s attention um, and trying to speak with him, he kept intemrpting. So ou - on several occasions she told him to stop talking and listen to what I'm saying. Um, and that was pretty much - that - that occurred multiple times as well. Okay. And you said at one point you used a - your potce radio'to conduct a uh, records check and wanant check on - if I'm coffect Mr. (Moore) and Mr. (Hayes). Is that correct?

410 411 412 413,

41.4

Q:

415 416 417 418 419 420 421 422 423 424 425

A:

That is correct. Okay. Who prompted you to do that?

A:

Um, nobody. I was - as a cover'officer it's kind of typical of what I do. Um, tlre handling officer engages in conversation, tries to figure out whaf's going on, and while that process is happening usually th- as a cover ofEcer I will get the infonnation if they've got it written down, step to the side a little bit, and uh, do a records check. It tends to move the process along a little quicker. Okay. So you used a radio and you did a records check. What did you find out
about Mr. (Hayes)?

Q:

t6
427 428 429 430 437 432 433 434 435 436 437 438

A:

I found out Mr. (Hayes) had a $5000 we.g1ant out of the City of San Francisco for - I believe it was for 594 um, and a couple - I - I think at least one, maybe two, smaller warrants out of San Francisco as well. I think they were municipal codes 'cause it wasn't something that I recognized.
Okay. What did you find out about Mr. (Moore)? Um, I'found out that there were caution codes associated with Mr. (Moore) for Pcz4s,assault with a deadly weapon. And that was it. Um, having learned that uh, bo- uh, ttrere was a caution code on Mr. (Moore) and there was a.warrant attached to Mr. (Hayes) um, what - what happened thereafter - after you learned this information?

Q:

A:

'439

Q:

440 441 442 443 444 445 446 447 448

,9 450

A:

Um, I - I told Officer (Moore) - or i rnean sory - Officer (Brown) out loud um, using police code that um, (Hayes) had a 5K out of San Fransciso for 45or 594 is what I told her um, atrd that I told Telecom that we lryere gonna stand by for conJirmation 'cause I didn't know what - if she wanted to arrest him or not at that point. Unr, and then I didn't say anything about (Moore) verbally um, but onthe field inrrestigation card I - I handwote below the name um, uh, caution code245 and handed it to Officer (Brown).
And - and you made sure that she read that part - portion of...

Q:

257

INTERVIEW WITH OFC. (BRANDON) SMITH

Interviewer: Sgt. Hong

02J3-13i8:45 pm
Case# 2013-08510 Page 11

451
A<a iJL

A:

I pointed at it when I handed it to her.

Right.

453

454
+55

456
457

A:

And it appeared that her eyes went to it.

Okay. Did Mr. (Moore) have a warrant of any sort?

458 459 460

A:

I did not get anything back from Telecom saying that he had
Mm-hm.

warrant.

46t
462 463 464 465 466
467

A:

468 459 474

Um, prior to me aniving on scene um, something that I cornmonly do, thereis a um, if there is i person who is involved in the incident or the call that comes in and I have a name I will run that narre to see who'it is that I'm gonna be deating with potentially. Um, and I did do Jhat with (Moore) on my ivay there. And; 10K warrant out of San Francisco came up but I didn't have a b"irfh date. So I did not know for certain if that was them or not but when I ran his name tlrough Telecom they didn't come back with any waffant.

if

-4t2
4:13

,'l

Q:

With the sxcepqon of the cau- with -

with

474 475 476 477

A:

With (Hayes).
Yeah, with - with (Moore) - with the exception

of"'

478 479 480

A:

Of the caution code.

...the caution code.

48i
482 483 484
485

A:
Q:

Correct.

All right, but you - you suspected }dr. (Moore) had a $10,000 warrant based o, y.oL research but without the - without the birfh date? Did you believe it
was him atthe time?

486
487

488 489 490

491

A:
Q:

I wasn't sure.
Okay. All right. So um, at what point was Mr. uh, who decided to take Mr. (Hayes) on the warant - Mr' (HaYes)?

492

rq3

A.

)4

um, officer (Brown)'cause I told - when I told her that we were - [ was take standirig by to confinn the war- wanant she said, "We might as well

258

INTERVIEW WITH OFC. (BRANDON) SMITH Interviewen Sgt. Hong

#"'J-#"fiH;
Pagc 12

495

496
497

him.,, So I confirmed the - the warrant with Telecorn. Um, and then at some point she asked me to go ahead and take hirn
Q: Okay. And so you - were you the onE who handcuffed Mr. (Hayes)? Correct.

498 499 500

501

A:
Q:

502 503 504 505 506

507

Okay.

All right. Um, did you at all tell Officer ff.en)

Tu, T-U, or Officer

'

(Brown) that Mr. uh, (Moore) had a warrant2

When we arrived on Scene um, i did say something about, 'oI ran the name and a k- there was a 10K warrant out of San Francisco." Officer (Brown) said, "Oh, well Mr. (Moore) came from San Francisco. He used to live in San Francisco so it's probably him." I asked um, if she knew what age (Moore) was, She said ttra-t she thought he was mound 42 years old. I went back to the car, looked, and that warrant - there were - there werq a couple different warrants that popped rrp with that name. But the one that I was really looking at that 10K the U-irtfr aa-te on it was I believe it was 1952. So I came back and said I don't think that's tht goy, um, 'Pause the - the age and date of birttr

A:

508 509 510

511

512
513
14

didn't match up.

Q:

,15 5t6
517

518 519

Got it. so when offrcer (Brown) asked uh, said that Mr. (Hayes) would be going for his warrant, you handcuff Mr. (Hayes), and after youhandcuffMr. (Hayesl what happared from then that - that point?

s20
521 s22 523 524 5?5 s26
527 Q:

Actually [, I actually walked Mr- (Hayes) downstairs"'

Okay.
...and outside and then handcuffed him out in front 9f th9

A:
Q:

buitdirc.,
-

Okay. Um, and then once he was handcuffed I took him over to my car, pulled out a paper bag 'cause I was gonna search him, empty his pockets t9 take him to juii. Ura *tile I'm searching him is.when I heard over tlie police radio bffi.". (Brown) um, I'm - ['m not sure if she said code three cover, but she, I think sG said something more similar to uh, can we get, can we get some more offrcers up here, something similar to that. And it sounded like there was a scuJfle going pn. So at that point I..'
lv[r. uh, (Hayes) downstairs, walked Quick, real quick when - when you took him downstairs, down the elevator and back out to your car where you handcrlffed him and searched him when - when you left where wa$ Offrcer (Browu) and Offrcer Tu at that

528 529 530

531

A:

s32
533

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rrt

Q:

'=38
539

time?

2Sg

INTERVIEW WITH OFC. (BRANDON) SMITH

,n*11,I;:ii,$#ixf
Case # 2013-085

l0
13

Page

s40
541

A:
Q:

They were still speaking with (Moore). On the landing. Correct,

542
543

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551

A:
Q:

Got it, okay. So you made it down and you heard a radio traffic uh, that uh, prompted you uh, to believe that uh, did you beiieve that Officer (Brown) and Offiser needed immediate assistance?

A:
Q:

Absolutely. Okay. So what did you do with Mr. (Hayes)? Um, I told Mr. (Hayes) you need to get in the back of my car. Urn, he cooperated. I put him in the back seat of my car, locked the doors, ran towards the bont dooiof the apartment complex, it was locked.-Uh, so I went back to Mr. (tlayes)'s property, actually to Mr. (Hayes) 'cause he had his keys still around his nect, I took the keys offof his neck, asked him which key opened the door, he told me, I opened the front door, I went upstairs.and went to the aparfnent.

552 s53 554 ss5 5)O

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A:

558

-59

..-,60
561

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563

Q:

564 56s 566

Okay and when you left Mr, (Hayesi in the back of your car, tha] means you have a patotr vehicle with a restraint compartment in the back of your patrol vehiole couect?

s67 568 569 s7a

5?1

A:
Q:

It is a caged unit yes.

Caged unit, and - and you locked the doors before leaving Mr. (lv[oore) and going back upstairs. Yes I did.

572 573 574 575 576 577 578 579 580

581

A:
Q:

Um, so you went back upstairs, you come out of the elevator, and you go back to the aparhnent. When you get to the landing and you look, was the door still
open, the aparftnent door?

A:

Yes. Where was Officer uh, Tu and OfEcer (Brown)?

32 -- J83

A:

They were inside, I couldn't see, when I exited the efevator I could not

see

them.'

584

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INTERVIEW WITH OFC. (BRANDON)SMtTH

Interviewer: !gt. Hong 02-13-13/8:45 pm Case# 2013-08510
Page 14

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586

Okay.

Though I saw the door was still open, there were a couple neighbors who were looking out and as I ran they just kind of pointed.
Okay.

590 Q: 591 592 A:

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s89

And so I went into the apartmert. Okay so when you went into the apartment and what was observed when you uh, Iooked inside the apartment?

595
s96

594 Q:

tki

first thing you

598 599
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Uh,I saw Officer Tu um, looked like he was behind uh, (Moorg) who was on his belly on a matffess. Um, and Offioer (Brown) was on the left side of (Moore) trylng to grab uh, an arm.
Okay. So you saw Officer (Brown) grabbing for the left arm.
Correct.

6AL Q:
''t4

603 A:
...-J5 Q:

602

606 607

And when you saw Mr., Officer Tu behind Mr. (Moore) can you describe a little bit more in detail uh - uh, what he was, what Mr., what Officer Tu was grabbing in terrns of Mr. (Moore)'s body.
He had uh, he was - he was mostly laying on uh, (Moore)'s legs um, andkep getting bucked up in th.e air. Um, and he had (Moore)'s right arm back behind his back, um, and at that time I didn't rcalizeit but he had, actually had a handcuffon that hand. On the right hand.

608

610 6t t 5t2
613

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614 Q: 615 616 A:

Correct. When you said that Officer Tu was getting bucked by Mr. (Moorei does that mean Officer Tu was on tbp of Mr. (Moore) at that time, but more towards the lower half of his body you were saying?
Yes,

618 Q: 619 620 622 A:

623 621

617

625 626 '7 'vl8 A:

624 Q:

Okay. When you say uh, and so he was trying to restrain Mr. (Moore) he had a cuffon his right arm, and but he was essentiaily uh, wo- would you say that Officer Tu was using his weight to control Mr. (Moore) at that point? Um, yeah somewhat.

62e

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TNTERVI EW WITH OFC.

IBIANDIN

) SM

ITH

02-13-13/8:45 Pm
Case # 2013-08510

Page

15

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631

Q:

Okay, all right. Um, and was Mr. (Moore)'s body completely on the mattress or just half his body?
He was, I think he was kind of at an angle so his feet were probably more on the floor area.

632 633

A:

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635

636 637 638 639 640

Q:

'Okay, all right. Um, was there anybody else in the apartrnent? Not that I was aware of.
Okay. And

A:
Q:

itill

at this point of the incident it was just you, Officer (Brown),

64r
642
643

and - and Officer Tu...

A:
Q:

Correct.

6M

&5
646

.,.with Mr. (Vloore) okay. Um, how - how tall and heavy would you describe Mr. (Moore) to be? Um, roughly
pushing 400.

&7
648 '19 A:

5'10" I would say real close to 37A,3llpounds,

uh, maybe

-J50
651
Q:

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653

Okay. Um, so when you went in and you sawthe struggle what did you do immediately when you, upon entering

654 655 6s5 657 5s8 659 660 661 662 663 664 665 666
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A:

Um, I immediately went to the left side of (Moore) tried to figute out what what to grab. Um, and Office Tu said, "Get his left arm." And his left arm was under his body, um, and it wouldn't come out. I was hying to pull on it a little bit and it would not come out from under his body. So I told Officer Tu let's ' roll him to the left urn, to get the body, his body weight offof that arm. 'Cause
we had control of the right arm, I was gonna hy to roll to the left to get t}e body weight offof his arm that was under hisbody, so I grabbed uh, around the bicep um, or elbow area of the right arm that Officer Tu had and pulled, rolling (Moore) to his left side. As - as I did tlrat (Moore)'s left arm came out from uoder his body, and up above towards his head. And Officer (Brown) grabbed his wist. At that point I rolled him back to his belly, um, and there vr.as limited space with OfEcer (Brown) and myself on the left side 'cailse there was a wall right there, so I could not reach up and grab the aml Oflicer (Brown) was strugglingtrying to get the arm back behind the backuh, back behind (Moore)'s back. And so I grabbed his,I believe I grabbed his fingers rirn, and told Offlrcer (Brown), 'oMove out of my way." And I think I told her twice, and finally she backed way and thenl was able to gain control of the arm and pull it behind the back.

668 669

670 671
12

'-a73 674

Q:

okay. so after you pulled the arm behind the back uh, um, were you then thatioint ableto hanilcuffMr. (Moorei or it took some morc struggles?

at

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INTERVIEW WITH OFC, (BRANDON) SMITH Interviewerl Sgt. Hong

02-13-13/8:45 pm
Case# 2013-08510

Page

16

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A:

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681

At that point Offrcer (Brown) said, "We?re gonna noed two handcuffs." And asked rne if I had mine, I told her mine were on my prisoner in my car. Urn, and.I'm not sure if Officer Tu pulled out a - a sef or where another set came from, but another set appeared, um, they clasped one set with the set that was already on his right wrist, and then we attached 'em to the left wrist.
Okay. So the handcuffing was completed and successful by lhe three of you? Or at that point had other officers arrived?

682 683 684 685 686 687 688 689 690 691 692 693

Q:

A:
Q:

At that point I believe it was just us three.

Were able to handcuffhim.
Yes.

Q:

Okay at that point. Now at that point had offrcers starte{ other officers had
started to arrive?

'q4

A:

Yes other officers were - were coming in while we were furalizing the

-)5 696
697 698 699 700

handcuffing.

I got it.

A:

701
702 703

Unr, and then I turned around and saw a few offtcers standing.directly behind us. Um, the person was in custody uh, or handcuffe{ detained, and I kept seeing more officers, like I think t saw a Sergeant come in, um, and at that point I said, "I have got to go back downstairs, I have a prisoner in my car handcuffed." So I wanted to go back down and make sure that they were okay. Okay. Mr. (Ivloore) is successfully handcuffed, other officers have anived, and uh, is he still fighting at this point?

704 705 706 707 708 709 710

7),1

Q:

A:

kicking, screaming, cussing, um, just very, very animated, very mgry, bucking, trying to pull his arms back, all kinds of stuff.
Yes he's

Q:

712

713 714 715 716

-1.1

Well during the time when you, Officer Tu and Officer (Brown) were struggling with Off- with l&. uh, (Moore) was he yelling something? Yelling anything to you? Suy,ng anything?
Yeah he just kept yelling uh, I believe I heard fuck you, um, stop, ['m not gonna go, umo just a lots of, lots of rambling. Um, and we kept telling him to stop resisting- Uh, just give us your arm, just give us yout arm, And he kept saying'no []m not going to.

A:

-I8

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INTERVIEW WITH OFC.{BRANDIN) SMITH

#;,f'tt:f,il't
Page I 7

720
721

Q:

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723

Okay. Uh, so he's successfully handcuffed, he's still struggling, uh, what, uh, when you were leaving okay to gb down to Mr. (Hayes) that's still in the back of your police car...
Yes.

724 725 726 727

A:
Q:

728 729 734 731 732 l)3 734 735

...when you were leaving what's the last thing you see Mr. (Hayes) and the officer, what's the last picture you see of what was going bn inside when, as you left the apartment? Last picture I saw was um, Office1 Officer Tu um, moved offof (Moore), off to ttre.right side, and was just holding the arm. Officer (Brovrn) I believe had completely let go of (Moore). Um, and there were two or tkee officers, and as

A:

I was walking out I believe I saw Sergeant (Phillips) coming in with d wrap, *I have a \rrap." saying,
Q:

736.
737

738

-j9

At the time when you wefe leaving to go back to MI. (Hayes) in addition to Officer (Brown) and Officer Ttr, and youove mentioned Sergeant (Phillip$ arrived, what other officers could you recall wh- came at that point and time?
I believe Offrcer Mathis was there, um, Offrcer (Gardner), and I believe that uh, Sergeant Cardozawas also um, in there. Okay- And when you left was Mr. (Moore) on, still on his stornach, on his front side uh, on uh still partially on top of the mattress is that correct?

140

A:

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742 743 744 745 746 747 748 749 7s0
Q:

A:
Q:

Conect. Okay. Uh, but nobod.y was on top of him at that point was, were they? That's - that's correct. Okay, nobody was

A:

75t
752

ortop ofhim when-

when you iast sawhim.

753 754 755 7s6 757 758 7s9 760

A:
Q:

When

I last saw him that is correct.

Okay, got
Yes.

it And uh, but he was still actively

resisting as you said.

A:
Q:

76t i2

Okay so you went down and got in the elevator to your car, what - what happened when you got to Your car?

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INTERVIEW WITH OFC, (BRANDON) SMITH

Interviewer:irt-Tfii
Case# 2013-081510

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A:

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Um, [ - I d"i-, went directly to my car, I pulled uh, Mr. (Hayes) out of the car, and uh, made sure that he was okay. And then continued on with my search of him to empty his pockets to take him to jail for his warrants.

766 757

Q:

And so at, did, after you did, completed the search did you drive back towards
the station?

768 769 770 771 772

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A:

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No I uh, after I completed thg search I put him back in my patrol cat, um, and then I waited urq in front of the address because I heard radio haffrc where they were asking for umn for an ambulance. [Ih, they were asked for BFD uh, with a gurney, and shortly thereafter I - I heard them say I warura say they said uh, he stopped that ttre subject had stopped breathing, starting CPR. Um, and so at that point I figured I - I needed to stick around rather than just take
(Hayes) to the

jail.

Q:

Okay.
So (Hayes) stayed in my car, and

A:
Q:

I stayed in front of the address.

-\2 .- d3
784
78s

781

Okay so but, okay got it. IIh, at what point did uh, at what point I understand you gave custody of Mr. (Hayes) to Offrcer (Ifupland)? Conect. Okay. How did that, why, and how did that transfer?

A:

786
787 788
78;9

A:

790 791 792 793 794 795 796 797

798

After - after a Iittle while BFD came down with uh, Mr. (Moore) on a gulley, uh, put him in the ambulance and drove away. Mm-hm.
Um, and at thatpoint I went over to Sergeant Ross who was standing in - in front of,the address and said, "Due to the sitiration is it, is there a possibility can get one of ttre other Officers down here who's not involved um, to transport (Hayes) and book him into the jail?" And that's when Officer (Kapland) said that he would do it. Offrcer (Kapland) was outside with...

Q:

A:

799 800
801

Q:

802
803

A:
Q:

Conrct. ...Officer Ross at the time.

Yes.

8M '5
'_-4,r6

A:

807

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INTERVIEW WITH OFC. (BRANDON) SMITH

,",t:fi:il,?:*?"ff
Case# 2013-0851.0 Page 19

808

Do you remember

if Offlcer (Kapland) or Ross

went upstairs at any point?

809

8i0
811

A:
Q:

I do not recall that. Okay. So you transfened custody of Mr. (Hayes) to Officer (Kapland) at this point.
Correct.

812
813

814
815 816 817 818 819

A:
Q:

Okay.After you give transfer of custody of Officer, of (Hayes) to Officer (Kapland) what did you do thereafter?
Uh, I just stayed in front waiting for um, any new orders or - or uh, the - the next step of what I was supposed to do.
Got it. Uh...

824 821

A:

822 823 824 825 826

A:
Q:

To aid in whatever

'-

\27
828

And did you at out front?

a[1, were

you tasked with anything after, while you were still

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831

A:

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833

834 835 836 837 838 839 840

841

While I was out front Sergeant (Phillips) unU called me on my cell phone and askedme to, if I still had (Hayes) with me, I told hgr no that ffi.apland), Officer (I{apland) had taken him to the jail to book him. And she asked me to go to the jaii, urn, and get a statement from (Hayes) to find out um, what had tanspired what - what happened previously in the nightto us coming out, um and any kind of medical issues that (Moore) mayhave had.
So at tfrat point you Ieft to go to the station to interview (Hayes)?

A:

That is corrgct.
Oka5r.

You never went back upstairs to the apartment.

842
843

A:
Q:

844
84s

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847

848 849 3s0

okay. when you heard the res- uh, struggle that officer Tu and officer (Brown ) were engaging in with (Moore) and you ran back upstairs to assist them, did you know why at that point, why they were trying to physically restrain Mr. (l\doore)?
I didnot. Okay. You just went there to assist'

A:
Q:

85i 8s2

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INTERVIEW WITH OFC. (BRANDON) SMITH Interviewer: Sgt. Hong 02-13-13/8:45 pm Case # 2013-08510 Page2A

854 A: 8s5 8s6 Q: 857 858 A: 861

862
863

853

just went there to assist.

Okay.

859 860

I - I, as I was going up I thought that Mr. (Moore) nray have attacked them. That's how agitated he was during the interaction.
Got it. Now during the time when you were, and ybu yourself were assisting in the struggle with Mr. (Moore) with Officet Tu and Offrcer (Brown) uh, before I ask that question; what is your height and weight?

Q:

86s
866 858 870

864

A:
Q:

I'm 5''1,0",

235 pounds.
a strong person?

867
869
72

Do you consider yourselfuh, I do.

A:
Q:

871
'-873
874 876 878 879

Okay. Now considering you were with Officer Tu is also a large Officerbuild wise, and yoursefi were you guys having a very a difficrdt time with Mr.

(Moore)?
Yes.

875 A: 877 880

88i
883

Q:

Okay, Did you feel that Mr. (Moore) uh, at certain points was overpowering you - you guys?

A:

At certain points yes.

Yes. Um, and so you, did you felt that uh - uh, Mr. (Moore) in anyway uh, scratch tbat. So while yorl Officer Tu and uh, Officer (Brown) were struggling with Mr. (Moore) did you, yourself and or Officer Tu or Offrcer (Brown) the tlree of yorl did you witness any use of uh, hand strikes, open palm stikes or fist strikes by Officers on to Mr. (Moore)?

882 Q:

884
885 886

887 889
891

888 8e0
892 8e4
)5

A:
Q:

No.

Did you witness or did you yourself use any type of baton sfikes?
No.

A:
Q:

893

Did any other offtcer or you uh, deploy your OC and use it?
No.

-196 A:
897

267

INTERVIEW WITH OFC. (BRANDON) SMITH

,","1;.-1;:ii,?1_!",jH
Case# 2013-08510 page 2l

898

Q:

899 900
901

Did you or any other offrcer uh, use any other tlpe of objects on your duty belt, or any objects in the apartment to stuike Mr. (Moore) with?
No.

A:
Q:

902
903

Did you or any other officers physically kick Mr.. (Moore) in any fashion?
No. Uh, did you or any officer discharge your flrearrn?

904
905 '9A6 947

A:

908 909 910

A:
Q:

No.

9ll
912
913

Did you or any other ofEcers use your firearm as a blunt object to strike lv[r. (Moore)?
No.

9t4 9t5
916 ^17

A:

[Ih, let me

see, I'11 take a pause, you got any questions?

-18 919
920 921 922 923 924 925 926 977 928 929 930

Ql:

Yeah um, did, wtrat point did, and you may have answered this already, did Mr- (Moore) express any need for medical attention? Like did he say you knou'I - I, having any kind of medical emergency? Mr. (Moore) did he say

anything to that affect?

A:

Not that I recall at all.

Okay. Um, did you, uh, just a liule bit more clarification and you've already talked about this; when you saw uh, Offtcer Tu on ttre right side is what you said of Mr. (Moore) you said he appearedto be holding down his legs to a certain ertEnt is that right? He was, when I first walked in when they were struggling, when I fltrst came up the st- the - the elevator, when I first came in Officer Tu was, it looked like he was sraddling his legs, trying to keep body weight on the legs...

Ql:

A:

93r
932
933

934
935

Right.

936
937 938

A:

...and the buttocks area.

Right.

939
{0 -=41

A:

Um, with, so he was not to the side, but he was on his legs, buttocks area.

268

rNrE Rvr Ew w

rrH

o FC.

Br.fH.?t_?.T[T
02-13-13/8:45 pm
case

* zotl-oasj!

g42 Q I : 943 944 945 946 A: 947 948 Ql: 949 950 g5L A: 952 953 QI: 954 955 A:
956

Okay -.o\uy. Did you see at any time, or any time after that he appear to place any weight on Mr. uh, (Moore)'s upper body while he was prongin that position?

'

No,

Okay. Did he uh, did it appear at that time that um, Mr. (Moore) was able to breathe? was he making any verbai, was he speakrng or yelling?
Yeah he was yelling at us.

Okay.
So

I assumed he was b,reathing.

958 959 960 A:

96r

g57 Ql:

Was al any point during this did you see anyone put any weight on Mr. uh, (Moore)'s head or'neck area?

No.
Okay, uh, and

)52 Ql; -,3 964 Q2: 965 966 q68 A: 970 Q2: 971 972 Q: 973 975 A: g77 Q: 978 979 A:
976
980 974 969 967

I thhkthar,s what I have fornow.

Um, as he was screaming, as he was yelling uh, he mentioned you didn't recall him saying he needed any medical attention. Could you iecall him ever saying that he couldn't breathe? No,

Otay.
As me, tell me

if I ever

asked you this; have you ever had any prior contacts

.wrtfr Mr. (Xavier Moore)?

Not to my knowledge. Do you have any prior knowledge of Mr. (Xavier)? No. That's all I have. Is there anything you'd like to add Officer Smith?
Nope.

981 Q:
982

983 A:
984

''o5 Q;
-J

It is currentiy 2128 hours end of interview with Officer (Brandon) Smith.

269

INTERVIEW WITH OFC. (BRANDON) SMITH

Interviewer: SgL Hong 02,13-13/8;45 pm
Case #

201348510 Page23

9S8 989 990

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

270