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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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BERKELEY POLICE DEP-ARTI\,{ENI
/ ? - a#l-/aASE NO.
DATE
(PRJNT)
>-t/-r?. eilNQ
STATEMENT TO INVOLVED OFFICER:
{#T,
your attotney,(PRrNl)
conclude the intersiew at any time.
OFFICEE N8ME
/. tfrra
Bfva- ?Fxi uq F1you are b.i"g teptesented hete at this interviern by
-.You ate not in custody and you ate free to
You are not obligated to answer any questions.
Having thisin miri{ do youny ansurets you do glve may be usedin a court of law.
wish to voluntatiiy proceed with the intewiew?
Ail.rtEEL frhwt$
INVESTIGATOR NAIdE
-1- 28s
7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVTEW WITH SOT. (AMBER) PHILLIPS'Interviewer: Sgt. Hong
02-1418:20 pm
Case # 2013-08510
Page 1
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7 INTERVIEW TITTH SGT. (AMBER) PHILLPS8 A=Sgt. Hong
9 el=Ofc. Jesse Grana
I0 A=Sgt (Amber) Phillips
i I Al=(Harry) Stern
L2
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14 Q: AII right Febnrary 14th, 2020 hours. Interview with Sergeant (Amber)
15 Phillipq. {.Ih,I am Sergeant Hong, H-O-N-G.
l617 Ql: Officer Jesse Cnant, J-E-S-S-E, GR-A-N-T.
18
19 A: Sergeant (Ambe$ Phillips,last name P-H-I-LL'L-P-S.
'0A1: I'm(Harry) Stem, S-T-E-R-N.
2Z
23 Q: tlh, Sergeant Phillips, uh, you are - you're, uh, you're rank of sergeant. Your
24 badge number please?
2526 A: S-17.
27
28 Q: Okay and what was your hire date with Berkeley Police?
29
30 A: Julylthinks-6orsomething2004. Julyof2004.
31
32 Q: Okay do you have any prior law enforcement experience?
33
34 A: No.
35
36Q:
Which patrol operations team do you work?
37
38 A: Team four.
39
40 Q: What are your nornal days worked and normal hours worked?
4l42 A: Mondaythrough Thursday 2030 to 0630 hqu$- ' r',1
1.
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
*"*"H:il'11#1j}i
Case#
'''-fffJ,
44 Q: O- uh, and when we speak of the date of incident we're speaking of February
45 12th wi- w- whichwas a Tuesday and the time of report was somewhffe
46 between 1l:30 and midnight?
47
48 A: Yeah.
49
50 Q: All right 1l:30 pm and midnight. So, uh, what was your call sign during, uh,
5l your shift on TuesdaY the l2thJ
52
53 A: Call sign was S as - as in Sam 17- So S-17.
54
55 Q: Okay and your area of responsibility as S-17?
11 A: LIh, just patrol p- um, super- patrol supervisor, uh, in charge of team four'58
59 Q: Got it. And You're citY wide?
60
6l A: CitY wide.
62,3 e: Okay. Uh, who was your commanding officer a- during this shift?
64
65 A: tieutenant Files'
66
67 Q: Okay. Is he - is Lieutenarrt Files, F-I-L-E-S, is he your normal commanding
68 officer?69
70 A: Yes.
7t72 e: And he is - is lieutenant basically the Watch Commander conect?
73'74 A:' Correct.
75
76 e: Okay. Prior to the Tuesday shift, um, what sh- what - what was the last shift
77 You worked Prior to TuesdaY shift?
78
79 A:lJh,theMondayshiftstarting at2030hours'
80
81 Q: Okay. Do you hold any secondary jobs?
82
83 A: No.
84
85 Q: Prior to Tuesday's shift did you, uh, work any overtime?,6
87 A: No.
88zg1
7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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8e Q:90
9l92 A:93
e4 Q:95
96 A1: And so I would...
97
e8 Q:99
100 Al: ...r:h, the only thing I would ask her, uh, or ask that she'd answer the question
INTERYIEW WITH SGT. (AMBER) PHILI.IPS. lnterviewer: Sgt. Hong
02-1418:20 pm
Case#2013-08510
Page 3
Okay. Um, had you taken any medication during this period? Prescription or
otherwise.
Uh, prescnptlon.
lJh, um, can you say what..,
only if it's, uh, a prescription medication that would affect her ability to
perceive, react, or affect her memory. So is it any of those categories?
No it was not.
Got it, accepted okay. Uh, ha- have you consurned any alcohol intiie past 24
hours?
No.
Do you have any medicalconditions?
No.
Uh, prior to Tuesday's shift, uh, or just before Tuesday's shift, uh, when was
the last time you slep and how long and between what hours?
It would've been Tuesday morning from about - I'd say maybe 8:00 or 8:30
am - it's probably about 8:30 am to 2:00 or e- 1400. It's pretty sporadic. I'd
say it's pro- maybe five hours I get during the day.
Okay - okay. Now when I speak of the incident we're talkin'about the
incident, uh, that occurrod on Tuesday the 12th, uh, that occurred at, uh, 21 16
A}lston Way in Apartrnent 514 okay. Uh, did you swtain any injurias during
this incident?
No.
Excuse me. Do you wear corrective eye glasses or contact lenses?
No.
292
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102103
ta4 A:105
106 A1: Okay other than that I instuct.her not to answer the question.
fi718 Q:
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVTEW WITH SCT. (AMBER) PHILLIPSInte.viewer: Sgt. Hong
Page 4
134
135 Q: AII right. Starting from your, uh, front belt buckle going clockwise could you
136 describe what duty gear is on your duty belt?t37138 A: Mmm clockwise oh, from my belt buckle I think it's - I've got my keys, uh,
139 department keys. Then I have my firearm. Urn, a keeper with a set ofAA handcuffs attached. Then it's ffiy, *, OC pepper spray. Then i have, uh,
141 handcuffs - case with a pair of handcuffs in the back. Mmm, sorry
142 (unintelligible) over here. Maga- oh flashlight,magazine pouch and ttren just
143 a, uh, key rihg holder whatever that is. Couple keepers in between and that's
144 it.
145
146 Q: Okay. Did your duty belt or dlty gear sustain any damage?
t47148 A: No.
149
150 Q: Okay. Utu what vehicle make and model were you driving dur- driving
151 during Tuesday's shift?
1s2153 A: I wa.s driving, uh, a marked, uh, patuol vehicle nurnber 1745 and ifs a BPD
54 marked patrol vehicle. Marked also with a supervisor so it's a supervisor car.-155 It's a Ford Crown Vic.
156
157 Q: Got iL And it has emergency equipment?
158
159 A: Mm-hm.
160
151 Q: All risht.
162
163 A: Emergency lights.
164
165 Q: Do you normally drive this particular vehicle?
1,66
167 A: Uh, yeah fairly regularly.
168
169 Q: Ok y. And are you a singig uh, fr, car or are you apaired offrcer car?
170171 A: $ingle.172
173 Q: Okay. Okay so you've, uh, prepared a supplemental report do- documeuting
174 tire, uh incident correct?: ! i
t75t76 A: Correct.
/7-178 Q: And prior to your submission could you just, uh, read it for us please?
293
7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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Yeah. on February 13th, 2013 at about 0030 hotus I responded to2216
Allston Way, Apartment 514 because officers were reguesting code tlree
cover. I arrived on scene with Sergeant cardo- (Cardpza) about 0033 hours
and we had both entered the apart e- apartment four - 514 together. When I
entered the apartment I saw Officer (To), Officer (Brown) (unintelligible)
Officer (To) tadge 38, Officer (Brown) nuniber 16, Officer (Gardner) 1?l and
officer (Mathi$ number 80 attempting to reskain an individual on a mattress
ou the floor of the fiving room ar"u. Th" person they were restaining who
was later identified as (Moore) was lying on his stomach with his hands
cuffed behind his back. (Moore) was violently kicking at officers.
Patticularly Offic- Officer (Mathis) who was attempting to 93- garn control of
his feet. Sergeant (Cardoza) deployed the WIAP nesr{f pe1i3.9 anf.t
provided the-ankle strap to Offiier (Mathis) who secured (Moorb)'s ankles'bffi."r, did not attempt to place the leg aud chest pieces of the_WRAP
Restraint Device on (Moore) due to hi.s large size, approxirnatglY 350 plus
pourids. At about 0034 hours I contacted BPD dispatch viaradio and
irq*"t"d that BFD respond to our location with a gurney. I requested the
gUrney,because it Was apparent that offlcers would be unable to move or lift
[f"fo"i"l do hi- due to his targe Size especially since his apartment was on the
fifth floor. Once (Moore) calmed down offtcers rolled himon his-left side and
offi,cer (Brown) confirmid he was breathing and had a pulse.^Although -
although (Moore) was breathing it appeared he rvas having difficulty. t
advisei BPD dispatch that we would also need BFD paramedics because
(Brown) was having difficultybreathing. At around 0041 hours officer
i3**"inoticed tlrt (tvtoo*) \ryas nr longer_breathing pd did nothave a
pJ*. At tlis time I advised BPD dispatch that (Moore) was not breathing
and that offrcers would be starting CPR. Officers immediateiy rernoved the
handcuffs from (Moore). and placed him on his back. ofEcer (To) gave.
(Moore) chest compre$io* until BFD arrived on scene.and took over. oirce
(Uoor"iwas transported to Alta Bates Hospital by BTD Iassisted Sergeant
iC*aoi") in managing the scene and did-the following. Uh, Sergeant car-
tCrrao*i and I diricted Offroer (To) to followBFD -- excuse me -- to AIta
ilut"* ftospital to get an update on (Moore)'s condition. t then directed, uh,
Offi.cer ltriacintostr) to conduct a canvas of the fifth floor or 21 16 Allston
way to determine if any neighbors had contact with (Moore) prior to our
*ira. I directed Officer (Castenmiller) to take a written statement from
(Sterling). I contacted Officer (Smrth) via phone while]re
w-as in the BPD jail
and direited him.to take a written statement from (Haze) and at about 0204
hours Sergeant (Cardoza) took over the scene as being supewisor and I was
released from the scene.
Okay thank you. Okay so, uh, Sergeant Phillips you hear{ a radio broadcast,
uh, ; you ildicate in your police report requesting code three cover. Could
INTERVIEW WITH SGT. (AMBER) PHILLPS' Interviewer: SgL Hong
02-1418:20 pm
Case # 2013-085 l0Page 5
Q:
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT, (AMBER) PHILLIPSInterviewer: Sgt. Hong
02-14/8:20pmcase # 2013-08510
Page 6
you tell us, uh, or can you recollect who mad.e that, uh, radio broadcast requestand could you speciry if you can, uh, remember what words were used?
LIh, i- it was offrser (Brown) and she said something to the effect of send usmore cover and I could hear screaming in the background. I didnt hear thewords code three but the radio kaffic seemed a littii bit choppy but t could'hear send us more cover, uh, and then sgeaming which i- whai seemedapparent to me that they werb in need of us- of si- assistance.
okay and you felt that, uh" they were in need of immediate assistance so you,uh, went, uh, responded in a code three fashion conect?
Yes correct.
So we- where were youcoming from?
I came from ttre statioa. I was inside my patol vehicle parked in the south lot.
Okay. And when you arrived, uh, who did you arrive with again?
when I arrived, uh, there were sel,eral police cars there but officer - orsergeant (cardoza) was the one that - we were on scene at the sametime andwe went in the elevator at the same time up to the fifth floor.
uh, was the front door already, uh, the main door on the ground floor was italready open or unlocked...
Yeah.
...in order for you to gain entry?
Mm'hm the main door - someone had stuck - I don't know if it was a bench orsome - some sortof object in the doorway so it was open for us to get in. v
Okay. And you took'- it was just the two of you? You and Sergeant(Cardoza) went upstairs?
Yeah, uh, we took the elevator.
f'm sony, you took the elevator up,..
Yeah.
...to tlre fifth floor to Apartment 514?
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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TNTERVIEW WITH SGT' (AMBER) PHILLPSIn"**ffi:;1ff;#11,i
Case # 2013-08510
PageT
Mm-hm.
Okay. When you arrived at Apartrn ent 5L4 before, uh, looking inside, uh,
what was the general description of your sunoundings?
So when you go - when you go in, uh, wtren I ca- when we came in off the
eleyator I immediately saw a black male standing on the comer like a couple
doors doWn from -, from the apartment. I figured he was either qomebody that
knew or he was a neighbor that was just waiting. I just - I just happened to
notice'cause he seemed to be the ouly one really standing by just not moving.
Uh, and it - it - ifs a - it's like a - shaped like square on the inside b-ut it's got a
I - the lob- I don't know what the lobby or whatever you call it in the middle.
So it's five fl'five levels,,um, almost like tiers of aparbnent - aparhnents that
are all on in a circular or kind of sunounding. Um, I didn't see - I didn't notice
really anybody else. I didn't see any other offtcers and so I knew - I could see
that the door was open oflce I carne out of the elevator that the front door was,
tr, w- that was the only door that looked open to me. So I assrmred that was
the aparfinent
Okay. So there was no other officers on the landing (unintelligible)...
Not that I recall no.
Okay. So you - you see an open door to the aparfinent and when you first
look in what is your first observation you see?
Right when you fust walk in, I look in and I can see immediately, uh, I see -
now I recall it's, uh, I believe five officers and there's 4 uh, I didn't know at
the time male or female but a, uh, a - a black person, um, that was laying on
their stomach in handcuffs - trvo sets of handcuffs that I recar- uh recall and,
uh, there were officers holding like his extremities. Like arms,legs, um, and
the person was kicking and I remember that (Mathis) - Ofhcer (Mathis) was
the one by tlre feet and the person was kicking the fbet and he, you know, um,
and I remember someone saylng get a spit mask, uh with a m- we werc a-
they were askin'about the WRAP and we were like we have the WRAP. Uh,
Sergeant (Cardoza) had - said he had grabbedthe WRAP out of my cal so
when we - we anived we had it with us and we stalted to take the WRAP out
ofthe, uh, the bag.
okay. And (unintelligible), uh, real briefly so when you - upon entering you
Yeah.,t'
''' .:
Was he on the ground or any - or was - where - where was he lyrng o,
296
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
lnterviewefl Sgt. Hong
02-L4E:20pm
Case # 2013-08J10
Page 8
313
314 A: They were, uh, there was Iike - it looked like fwo probably futon matlresses.315 Um, I don't know what else you'd call 'em but they werenrt standard matEesses
31,6 but they were on the floor of the living room area. It's a very - a small
317 aparrnent where it was like a living room kitchen area, um, and the person
318 was on the mattress and all of the officers were as well.
319
320 Q: Okay. And you said he was already handcuffed when you arrived?
321
322 A: Yeah.
323
324 Q: Okay. And you describe, uh, officers, uh, holding down this person by
325 holding down their, uh, ex- uh, arms and legs?
326327 A: Yeah.
328
329 Q: Did you see any of these officers holding this person down by holding down
330 their head, neck, chest area or stomach area?
331
^12 A: No I specifically remember - what I did remember was that Offiqer (Brown)
-J3 was closest to the head and that i- I couldn't see anybody applying any for-
334 you know, pressure or anything to the head but I rememberthat she was
335 closest to the head and the other . the larger male officers rvere holding down
336 - tryin'to hold down the body. Um, arms and legs and the...
5Jt338 Q: Okuy.
339
340 A: ...legs were the - and him kicking was the problem.
341
343 portion of the body, do you recall which officers they were?
344345 A: Iknow,um, Officer(To) Ibelieve\ryasontheothersidea- s- I-I-Ido346 believe he was on the upper body area. I think Officer (Smith) as well and I
347 believe Officer (Gardned and Officer (Mathis) were the two tryin' to - or near
348the legs at the bottom half of the body.
349
350 Q: Okay. Now yQu're saying that this person, uh, was kicking?
351
352 A: Yeah.
353
354 Q: All right. And you're talking kickiug, slashing, uh, uh, at the officers is that...
\5
-i6 A: Yeah.'
357
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT. (AMBER} PHILLIPS
"**''H1;rt;#;HCase# 2013-08510
...correct? okay, And you said offrcer (Mathis) - what was officer (Mathis)doin'again?
He was tryrng to hold dovrn the legs and I remember the, uh, the subject waskicking and he yelled, "Give me the ankle" - we were takin'the wRAp outand he says, "Give me the a- we need to - we need to secure the ankles.,, Andso I handed him the arikle ttring and he rwapped the - his arkles and thatobviously stopped the kicking,
oh good. okay so the a- uh, the thing you're refening to is a shap that is partof ttre WRAP Device correct?
Right correct.
And - and he - and of,Ecer (Mathis) used that ro restrain the - what pafi af theIegs ofthe - the subject?
Just the - both ankles, ffii; had the'I believe the ankles were crossed and heused the - the device to - used the velcro and - and - and - and restrain him.
Before we go further can you best of your recollection describe this person?il[saning height, weight, stature etcetera.
From what I could tell and I - again I could.n-t tell if it 1ryas a male or femalebecause I could te- I could see that there appeared to be long braids. um, andI remember asking
officer(Brown)
is it a male or a femalE? The body type,.
um, it - it was - I could tEll it was a b- a person that was African Americau,black Um, and the person looked - they probably weighed I would saysomewhere between 350 - 380 pounds. um; and from the body type and fromthe back - and the person was nude. Um, I - ttrere might,ve been a piece ofclothing close to the ankle area; um, but for the most part the whole back area
and the - and the - and the butt area was exposed andi could see that there -
the - that he was nude. um, and I asked officer (Brown) i- is - is it male orfemale. I know that wasn't : for me it was in rny mind. It's just - I don't knowwho we're dealing with and - or what we're dealing with and if it is femalethere's other, you know, factors that could be at play. so I asked and then she
told me it's a male but it was a, uh, pre-op transgender or transsexual or
somethin' like that and I said okay. And that's when I - I recognizecl who - Iknew who it was. I knew exactly who it was.
Okay. Now, uh, while you're observing the officers tryin'to keep, uh,l\rlr.(Moore) - we're gonna refer to...
Yeah.
A:
298
7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT, (AMBER) PHILLIPS
""*oH:i;ff;#fficose# rr,l&til3
..,this person as Mr. (Moore). His name is (Xavier Moore).
Right.
While the officers are tryin'to keep him conholied, uh, did you at - did you
feel that the officers had control or they were having a diflicult time with Mr.
(Moore)?
In the beginning they were having difficulty, uh, a lot of difficulty. And then
once, uh, Officer (Mathis) put the ankle resfraints on, um, he slowly started to
calm down. Thelz were asking for a spit mask and I was tryin' to put it out on
the radio to make sure that we got that. Urn, I didn't notice ifhe was spitting
or not. I just know they were sayrng get us a spit rnask s- and I was - got on
the radio and said next person up needs to bring us a spit mask. Um, so Ifigured he - I - they were still actively stuggliug and then, um, it seemed like
maybe a minute or so - two and, uh, Mr. (Moore) just, uh, stopped - slowly
stopped resisting. You know, it - it just seemed like he just started to caLn
down and just lay there.
okay. so between the time that, uh, the ankle, uh, resfiaints were placed on
him and there's a minute timeframe where he slowly started to calm do1n -
just prior to that, between the time you entered to the prior time - to just prior
io ti* cakning down, was he saying anything? Was he screaming anything
do you recall?
I don't recall there being screarning or - or - or, uh, yelling at that point. Um, I
remember officers saying like stop move - stop resisting, stop moving kinda
thing. Uh, he was movin'around and they were just - th.{ co- they were
having a hard time contolling him and everyone tried to figure out where to
go with the large indi- naked individual. You know, itwas - it was - they
were definitelystnrggling. I can't leme- I don't recall screaming - him
screaming or saying anything, umn at that point.
Okay. ,
At the time I was...
Was it apparent at that point that he was breathing?
...yes.
Okay. Utr, during that period of time was he complaining ofpain.of any sort
or utking for a anrbulance or saying he couldn't breath or verbalizing in any
way that he was having physical problems?
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INTERVTEW WITH SGT. (AMBER) PHILLPS
Intewiewer: S$. Hong
"*#;'r'1ii3i'Tage I I
No not - not at any time when I was there did he ever' I,ike I said say
anything, ask for help, say he couldn't breath, say that anybody was on his
.back or anything like that. He nev- that never came out
Okay.
And, you know, we have that happen all ttre time andnothing - he never said
any of that.
Uh, and then he, uh, slowly started calming down now yousaid and once he
did - he eventually did calm down?
Mm-hm.
Okay. And once, uh, he's now ca- um, calmed down, ufr, w- what happened
now as - as he's now calm?
Once he calms down i- it's - I - at some point I think Officer (Castenmiller)
came in - other officers - it was like - it was - it was obvious that no - we no
longer needed five offrcers I think. I don't know how the decision was inade
but-I know Offrcer (To) I re- I - I saw that he was sweating and appeared to
be, you know, kind ofout ofbreath and I - he asked - he said, "Do you guys
havi itt Is it okay if, you know, can I just take a break for a second?' And I
said go outside.
Nftn-hm.
Um, take a breath. I couldn't tell - I, you know, was worried about him being
injured or, you know, just - he seemed exhausted. So I sent him outside. Um,
*a t . 'cause I knew at that point I believe Offrcer (Castenmiller) was there
but he wasn't the, uh, Ivfr. Miller w- Moore, e[cuse me, was.no longer
fighting So it was just kind of - offi.cers were sitting there withthe hands on
triLsuit in case. Um, but tliere really wasn't any, uh, an$hing, you know,
there wasn't any resisting going on. And then at some point o- officer
(Gardner) and (Mathis) I believe leave, um, aud I think Officer - Offiaer (Io) I
know for sure comes back and I remember that's when, 14, (Gwen) or Officer
(Broram) says, you know, looks over and like is he breathing? And I look and
i said ishe breathing s* [ mean is his chest moving? Um, he was laying on his
left side at this point and the officers againwere just waiting - we were waitin'
for BFD the whole time. IIh...
Uh, when he was calmed down he was just laying there and you guys were
On his left s...300
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
Interviewer: Sgt. Hong
02-1418:20 pm
Case # 20 13-085 I 0' Page 12
...holding or just placing your hands and holding him...
...mm-hnr.
..,still? At - was there any officer sitting or laying on top of or pushing dorvn
on the parts of Mr. (Moore)'s head and neck, chest, stomach or any of those
areas ofthe body?
No.
Okay.
And in fact I could see his fa- profile now, You know, he was layrngcompleting on his left side- Offrcer.(Brown) was near his head and I could
see, you know, see his face and I knew I recognized him- Um, and that was,
you know, we were just waiting. It was just waiting and no one was applyrng
any pressure
Okay. So wa- when you looked to see if he was breathing he was at that point
still breafhing corect? When...
Yeah so - yeah so Offioer (Brown) like I said, you know,looks and says a- is
he breathing? And I look over and, uh, she says (Xavier), You know, uh, then
she kinda shakes him and at that point I see his chest moveand
I- he t- he -
trloves his head and he looks u- like he opened his eyes 'cause I think his eyes
were closed before that. LIh, and so then I go- I said he's breathing md, uh, I'd
say maybe less thdn a minute is when he stopped breathing but I - the radio
traffi.c went out, uh, BF- or dispatch says - asks me, "Do you just need a
gurney or you need medical?" And I said, uh, we're goirna need medical'
He's - he's having difficulty brea&ing.
Okay. tnitiaily you asked just for a gumey?
r did.
Okay all right.
I said code three but my - my reasoning behirul that was, um, one? I - there
was no way rrye wero gonna be able to move him; uh, two, I waflted
paramedics there in case something went wrong because we w€re dealing with
a - * v- we weren't - w- the officers weren't gonna be able to piOk him. We're
on the fifth floor - an apailment and [ figured if there was ary medical
attentibn needed, the fire department would be there. Unr, and that, you
know, the gumey was gorura be the only safe way to gst a- to get him out of
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INTERVIEW WITH SGT. (AMBER) PHILLiPSIntervicwer: Sgt. Hong
c-#;fl5:3tTPage 13
538 there. Um, so I also made the asstlmption that no matter what BFD was come
539 . - was - was gonna come with medical. So I didn't thirk that that question,
54A you know what - I didn't know that they were gonna ask me that question. I541 assumed they were gonna come code tlree like I requested, wn, and tlrat
542 would include, uh, an ambulance and an engine, um...
543
544 Q: Okay. So wa- but when you, uh who first noticedhim - that Mr. (Moore)
545 stopped breathing do yourecall?
546
547 A: Ithink itwas Officer iBrown),s48
549 Q: Okay.
s50
551 A: Or w- when he stopped.breathing?552
553 Q: Whenhe stopped breathing.
554
555 A: Yeah it was - it was - it had happened really quickly &or:r the time he was
556 breathing to not breathing. I - she might've said it and I know that at some- 57 point I said I don't think he's breathing. So somewhere in between 30 seconds
to a minute, uh, boih of us noticed that...
5s9
560 Q: O...
s61
562 A:...and...
563
564 Q: ..okay.
565
566 A: ...she started, you know, yelling his name and, uh, you know, we tried to roll
SG7 him o- I was like take offthe handcuffs and they rolled him on his back.
568
569 Q: Okay so - and then when you - when you noticed that he wastr't breathing was
57A it you that made that ra- radio broadcast for emergency medical because - and
STL you verbalize on the tadio that no longer was this person breatlring?
572
573 A: I said, u[ subject is no longer - is - subject is not breathing. I don't know if I -
574 i don't think I said he didnt have a pulse. I think I said s- subject is not575 breathing.
'We'restarting CPR.
576
577 Q: Got it okaY.
s78
579 A: Uh...
'0Q: And - and you order officers to remove the handcuffs?
582
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
Itrterviewerr Sgt. Hong02-14/8:20 pm
Case # 2013-08510
Page 14
Yeah.
Okay. Uh, then did that occur?
Yeah.,l
Okay.
They took'em off right away.
All right andonce the handcuffs were removed what' what did you do -
positioning of Mr. (l\4oore) at that point?
They, uh, tolled him completely on his back and, uh, Offtcer (Brown) wasbyhis head. Officer (To) irirmediately started chest compressions and then, uh,
officer (castenmiller) was, um, I tbink on the - toward - by the bottom half
kinda by his tegs just, you know, standing by because I asked, uh, I had asked
(To) - he stafed swe- you know, it - it was a lot of work for him aud then I
rrid ao you neod to switch out? And I was askin'him if he needed him to - to
(CastennoiUer) to switch out and he just continued rmtil, uh, BFD arrived. So
they never switched but (castenmiller) was there just providhg, you know,
support in case he needed to...
Okay. Um, uh,,so eveutrally paramedics came?
Mm-hm.
Okay. And, uh, just briefly describe - they came in and they worked on Mr.
(Moore) cortect?
Yeatr so they cr they c- they came in, um, officers, you know, were told to -
to get out - it's u really small space and so they all - tlrey alt came out. I think,
um] probably Officer(Brown)'aad I end maybe Officer (To) were still inthere
and they were askin' questions about name and - and - and medical history and
we were tryin' to give 'em"*
much information as we could. They started, ul1,
they put &at ihest"oorpression
machine on him right away and they started
ha*ng that manually do, uh, chest compressions. Um, then we were nyin'togive as much information as possible and, um, letting them know that we b-
we knew tlrat he had a drug hirtoty. I-J11, 'cause they were asking us is he
under the irflUeirce of dnrgs or alcohol? I didn't - atthe time dida't knowif
anything - if he was under the influence of alcohol at all but I told them that
he hasB_1{*g-his!-o.Iy:pfr,uh;-dni'$:'ds6otiiliisEOlriiu:.-ct"afk ' I virent outside and
I taked io'ifie.griythat was, uh that was his friend. He saiil he was his
caretakrir. And h" told me thut hr, um,,usssrntdth'-hE"usEs'*i6roiill+mo"kes
w.eed ii,ird'dliitlrserlaohol and that he usually drixlcstiu'aregular'.basis::"And so
Q:
A:
Q:
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TNTERVIEW WITH SGT, (AMBER) PHILLPS
"'-*'"ti]ii,T;#"#Case # 2013-08510
Page 15
I went back - ran back and told BFD - BFD that. And then I helped them, you
know, they took everything basically almost - all the mattresses and
everything out of the living room, put that in the bathroom area 'cause they
didn't have enough space to work.
Okay. Where d- where were those mattresses in relatiotr.'.
Th,..
...to the apartment how it's set uP?
...so when you walk directiy in, there's a bathroom on the teft. And to the left
there's a tittle hali closet to the left as well, next to the bathroom, And you
walk - when you walk straight, um, right down that hallway the - themathesses were right on the floor and it would be a c- a - it 1as
across from
.the kitchen area, um, and they were in the comer. And tiren there was like a
little bedroom behind I guess that living area. Um, I didn't notice if thqre's - it
was open but I don't know if there's a door or not. But it was just 'they were
laying on the - the mathesses WerB laying on th.e corner, uh, on the floor in the
comer.
Okay. And, urn, uh, eventually the paramedics leave Inith Mr. (Moore)'..
Mm-hm.
...as they're working wi- on him? Okay. Once the paramedics are leaving was
therg anofEt"t uttiptd to, uho e': to ascomPany the paramedics?
N- uh, not right away and then, uh, sergeant (cardoza) was - spoke to officer
(Brown) *d Offi..t (To) and was like, you know, tryin' to determine who
was handling the case and Officer (Brown) said itwas her.case. So then he
told Officer (To; you, - you go - somebody needed to go with the ambulance.
So Offrcer (To) was sent with the anrbulance and Officer (Brown) I believe
was sent 1019. Came back to the station to write a report'
Okay. So I'11 ask this at this point, who - who has been - who was desigrrated
- upon your e- your arrival and offie€r - or sergeant (cardoza)'s arrivaltogether, uh, who assumed Sceae supervising, uh, uh, role?
That wasn't assumed until after BFD had taken - tra- transported, uh, Mr.
(Moore).
Mm-hm.
Q:
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And Sergearrt (Cardoza) seemed the role as - assumed supervisor when, uh,
Offrcer (Brown) was assigned as the handling officer,
. Okay. So Officer ffo) is now accompanying the fire paramedics to thehospital?
Yeah.
Okay all right. So once, uh, the paramedics have taken Mr. (Moore), uh, whatwas your role, uh, while you were there with, uh, with Sergeant (Cardoza)?
I, uh, just assisted. I - I - I knew that it was gonna be important for us to startgetting statements ftom people and there were a lo- therc were a iot ofneighbors that had come out during the whole inlident. So, um, Officer ma-
(Mathis) was talkin'to a couple of them. I immediately assigned Offrcer(Castenmiller) tg, uh, get a witten stateme,nt from the, uh,'caretaker. I can't
temember what his name is. Uh, (Sterling) - last...
Conect,
...ffrme (Sterling).
Conect.
Um, I said I need you to get a written statement lrom him and we need to get,
you know, just go over his medical history 'cause he was saying he was thecaretaker and - and get some information. So he - he took a written statement
from him on scene. Then I - I requested another officer to the scene to - to
help with the canvas and that was Officer (Macintosh) and I directed him to
knock on every door on the fifth floorthat Officer (Mathis) hadn't already
done and just check and see if anybody had anyprior contacts, um, withIvIr.(Moore) before we arrived on scere or if theyknew anything about him
basically. Um, and then when I went outside with Sergeant (Cardoza) and
Sergeant (Ross) I told ser- car- Sergeant (Cardoza) that, um, I wanted
somebody to swap out with Officer (To). I didnt ttiink that he should be at
the hospital. And so I to- I volunteered to go to the hospital just to get Officer(To) back but he s- Sergeant (Cardoza) said he'd go to the hospital and he'd
send Officer (To) back to the station to meet with me 'cause I just wanted to
talk to him and check in wittr him.
Okay. So after that you - you simply, uh, you went back to the station?
Q:
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Q:
A:361 Q: Okay. Uh, couple questions I - I neglected to ask is when - when you received
a code three of, uh, assistance, uh, request on the radio and you were going to2116 Allston, did youknow what the call was all about?
A: I-Ididn'timmediately. Unr, I-Ididn't-I-Iheardthe4l5 comeoutbutl
didn't put it together right away uutil I l- I looked at the call as I was goingand it just said, uh, 415, um, andl$ftS.0: So in my mind as I was going I was
assuming they were s- they were skuggling with a5.L5-0i Urn, didn't have any
idea of the person or the w- you know, the weight or sta- any of that - none ofthat was - came out or was relevant because I got there pretty quick. I'd say
lessthanaminute. Um, butl -I as- Isawthat it*usu"rlland^I sawttreinitial comments of the call w.ag{,Et1fvf,i-s4,5:f5CItt,,I think offhis medication
or something like that.
Okay. And when you arrived aod, uh, the - IvIr, (Moore) was ha- in handcuffs,
did you know at that point why Mr. (Moore) was in handcuffs?
No I didn't. Um, I had no idea ye- I didn't know if he was under anest or if itwas ri3:15.0"11 I had no idea at that point. I didnt find out until after I think Iasked Officer (Brcwn). Um, I believe once BFD was on the sceue I asked her,
uh, what was - what was this about? Aod she said he had a $10,000 wanant.
Okay. So to your knowledge it was because he had a warant?
TNTERVIEW WITH SOT, (AMBER) PHILLIPS*,.*oH:iiff;#"#
Case * ZOt:r+tSf
!
okay. Do you recall when f}re notification of, uh, time of deattr was for Mr-(Moore) at the hospital? Do you recall who made the notification and hoddyou find out?
Officer (To) called me while I was still outside of the apartment buildiqg, um,and said that the doctor at Alta Bates - and I don't know the doctor's name --had called the time of death at0l34 hours. And I asked him if he was on'hisway back. I said are you, you know, to come back and he said he was on hisway.
Okay. Was a technician called at any point (unintelligible)?
Yeah Sergeant (Cardoza) had called a ID tegb uh, I think right after BFD had
Ieft sometime and - some - some - at some point he had catled the tD tech. Ididn't - I didnt do that
butyeah the
ID tectr-did showup while we were stillthere.
Okay. Do you recall if a tech was sent to the hospital at all?
No I don't - notto my knowledge.
Q:
A:
Q:
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
lnterviewer: Sgt. Hong
,*!i,,13,._1it#
Yeah that they were tryin'to wrestle in the wanant.
Okay all right. Okay in your, uh, brief obsenration of Mr. (Moore) can youdescribe at all what you were, uh, ulL for instance, uh, do - did you believejust based on your brief observatiou of Mr. (IvIoore) do you - did you believe
that he r,{a$, uh, under the inlluence of any s- of auything?
I couldn't tell. I di- again I didn't get enongh, u[ I wasn't close enough to,
you know, to smell alcohol.
Mm-hm'
And, ur4 by the time - like said, by the time we werethere th- fre - the yelliug
and screaming - so there wasn't like any going - or statements goiag on so Ididtr't - I didn't really hear much coming from him. Um, an{, uh, the o- by the
time I saw, you know, was able to see his - his full face was when the
difficrrlty breathing had strted. So I d- there was really no other way to
assess him or his...
Okay. An4 um, during your briet uh, dpring the time upon when you arrived
and the time that you rnade all your observations, um, did you at all ' first ofall, did you at all touch Mr. (Moore)?
LIh, I did when BFD was giving him - doing - when they took over, t said to
them his ankles are reskained. Do you need me (uninte[igible) do you want
to take the restaints offi
I/tn-hm.
And they just said yes. And so I rau over and uh, I asked. Offrcer
(Castenmiller) to help me out because I had houble picking up his legs by
myself aod taking the resfraiht off. So I ended up taking t}e restraint offwhile
a- Officer (Castenmiller) was holding his legs for me.
Okay that was the extent of any time you placed your harrds on Mr. (Moore)?
Y- y- yeah.
O- okay. Uh, during the time that we- uh, immediately after you arrived
during ttre time to the point wtrere he was - Mr. (Moore) was takeuto the
hospital, did you at all at any time see any offrcet, uh, on scene, uh, strike Mr.
(Moorg) with a open hand or closed fist?
No not.:.
A:
A:
Q:
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A:
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INTERVIEW WITH SGT. (AMBER) PHILUPS
lnteryiewer; SgI. Hong
02-14/8:20 PmCas6# 2013-08510
page I 9
806 Q; Did you...
807
808 A: ...4t all.809
810 Q: ..,did you Bt all see any officer kick Mr. (Moore) in any way?
811
812 L: No.
813
8t4 Q: Did an- did you see any officer deploy their OC and use it on Mr. (Moore)?
815
816 A: No
817
818 Q: Did you at aay point see any officer use their (unintelligible) baton or ary
SI9 other blunt object, uh, on Mr. (Moore)?820
821 A: No.
822823 Q: Okay. Did any, uh, ofEcer discharge a fnearm?
824
825 A: No.
5
Q: Did any o- offic,er use a firearm as a blunt object?
28
29 A: No.
Q: Okay. Um,uh,intennsofaniviugofEcersonsoenewasyourselfand832 Sergeant (Cardoza), was there *y oth"r ranking officer on scene?
A: Sergeant (Ross) was on scene, IFO department. Uh, to'my knowledge he
never came up to the fiffh floor and never came inside. I never saw him
inside. He was just in frontof the aparftnent building. He - he initially
answered up on the radio fi$t asth€ "as - ai, the supervisorrmil
Q: Mm-hm.
A: Um, but Sergeant (Cardoza) and I were the first w- we beat him to the s- we
were there fust.
Q: Okay. Who are the - whq - who are the, uh, supervisors working during that -
during the time of that incidetrt, whicfu t*r, sergeant rank officers were
workingwithyou?
Sergeant, uh, from team threE it was Sergeant (Ross) dnd Sergeant (Cardoza).
) And then from team four it was myself and Sergeant Huynh, uh, 5-26,
308
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INTERVIE* wrrH scrilt#3i:ll?i #J;
02-1418:20pm
Case # 20t 3-085 I 0page20
Okay. Huynh is H-U-Y-N-H-? Okay. And ulL was - okay otherthanyourself, sergeant (cwdoza) and sergeant (Ross) who wasdownstairs andnever entered &e aparnnent, was there any other, ulr, rank officer on scene,
um, higher than you?
Not that I recall no.
Okay. Um, you said ttrat you had prior - when you - when you saw Mr.(Moore) you recognized him.
Yeah.
Can you briefly -.can you tell us how you recognize him and why?
Yeah, um, I believe - I - I don't know how long ago. It was probably lessthanayetr ago,,I, uh, responded to a pali with - I know it was Officer (Fleming),
OfEcer (To) and there might've been one or two other officers but, uh, we gota call from Mr. (Moore)'s father somewhere on beat 13. Might be like 66thSheet or so- I can't - I can't recall the address but I know it vras a beat 13.
An4 um, Mr. (Moore)'s father was callirg saying that his son, uh, uh, was -was acting up and he wanted fu<ll61$?.fliiiirZf,m, whenl loton scene I - Ishowed rrp as the scene supervisor. I wasn't requested. I had just - [ showed
up at the call to see if - bause they - I noticed officer had been there forawhile, to see if they needed any help. And when I got there, uh, officerswere speaking with, utU litr. (Moore)'s father q/ho was adsmant about us
taking him for a[5d5.0;egaJustion because he was upset. He was * he said his
son was drunk and using drugs and he didn't want him at his house anymore.And I spent a lot of time explaining to, uh, his &tler that, you know, udess -we would do the evaluation but unless he fits the criteriawe can't just forcehim to go on ArSl-[Q1rSo dad was - he was kind of upset with that. Um, but Ithen made contact witll I\,Ir. (Moore) inside the house and when I di4 he - Iwant to say he ' he - well he called me (Michelle). I don't know if he ttroughtI was, uh, another, you know, a former police sergeant or not but he keptcalling me by the nasre (Michelle) and he was like I remember you. Do you
remember me? And I di- tom my knowledge I couldn't rememher that I'dever had conlact wi& him before. [Ih, and so we talked. I - I spent probably Iwant to say close to 45 minutes talking to Mr. (Moore) and it got to a poiut or
him finally agreeing to go to the hospital. IJm, we were - I think we ehded updoing a voluutary-5ffiQ) I'm not sure if we filled out the green sheet but it wasa - I - basically he ended up agreeing to go. And it took m- I spent 45 minutes
trying to - to talk to him and (unintelligible) that he needed to go. Um, before
he went to the hospital, you know, I asked hin - I could tell he had been under
the influence of alcohol. When he got up, um, to - I went to search him. Ilocated - I ftink at least fluee empty bottles of uh, vodka - fifth - a fifth of v-vodka bqttles hidden in ttre couch, undemeath the couch. Ulr, one was hidden
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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Q:
INTERVIEW WITH SGT, (AMBER) PHILLIPS
,"*"ffi:i;,tl,H"#
Case # 2013-08i10
Page 2l
in his bag that was with him. And I also located two - I believe one or two
crack pipes in his bag, um, before he left. And so he admiued to me at that
time that he had been drinking alcohol but he didn't - he told me he hadn'tsmoked crack, uh, that day. So the dad had, you know, had told us . debriefed
us that he has, you know, an-lssue=rmith-atreohol'.an&drrrys and that it's an
ongoing everyday, uh, struggle and, you know, so we had that whole
conversation, So we spetrt a lot of time with the family aad mom showed up
later and ultimately it - it ended peacefully and he enrled up goit'to the
hospital, Uh but I - I - I specffically remember him because he looks like a -
L - a - awofiran. He has, you know, braids in hair and he was dressed like a
w+. in woman's clothing- Um, but that his nalnq was (Xavier) and I'm pr€tty
s.ure he goes by the name (Xavier). I cant - I can't remember. But it was...
That was the one tirne-..
Thatwas...
...then?
...the one time yeah.
Okay. And - and did you know at the, ub, when you walked in did you - when
yourecognize him - you reco- you remembered he was - he had these, uh,
mental health issues...
Yeah.
...on tlre scene? Okay all right. LIIL uh, do you have anydring?
(Amber) when you first came in and you describe that you saw him face
down, uh, on the bed and he's still resisting, do you re,lnember t}e position that
his face was ia in relation tp the bed?
I couldntt see his face because there were so - there were so maay officers but
it was - he was - he was on his stomach. I can't say that his face was like in
thp mathrcss or anything. I could see,that his hair - i' i- it's possible his face
was turned to the side, um, and that officers were just tryihg to hold hitrt. I - I- I do - I remember someone asking for the spit rrrisk and thinking is he
spitting? So I remember knowing that his - I don't think they had control -
*lat nis fa- you know what I mean? They dida't have him face down because
I remember thinking they're trying to keep him from spitting at people. Um,
but I couldn't see it enough to tell you specifically. Like I di&l get a profile
view or anything because, gh, there just were too many officers and his hair
was everywhere and I cou[dn't see.
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7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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INTERVIEW WITH SGT. (AMBER) PHILLIPS
iaterviewer: Sgt. Hong
02-1418:20 pm
Case# 2013-08510
Page 22
941, Ql: Okay. And then once he was on his side...
942943 A: Mm-hm.
944
945 Q1: ...could you see his face?
946
947 A: Yeah.
948
949 Ql: Okay.
9s0
951 A: I saw his profiIe.
952
953 Ql: It was elear?
954955 A: It was clear.
9s6957 Ql: Okay.
9s8
959 A:
^{0Yeah.
-;1 . Ql: tlh, and then you - you'd mentioned that you called for BFD initially for the
962
963.964 A:
965966 Ql: But then you'd also added something about - and you also knew in addition
that, you know, by default gonna be paramedics thffe too. Was that - do you
have aconcern about him medically at that point? Did you see something that
worried you or was it just - it's nice to have that extra added..'
I - I yeah I re- t just flgured, tlm, w- given, you know, his size and condition
and thaf heis been fighting with officers that th- there would be a potential
concer- health con6em. Um, I didn't know anything about alcohol or drugs ifthat was a factor at - at dll. I just was given a situation that it ta- it's gonna
take five officers to restrain him that tllore was, you know, that there was a
potential for - for him to be, you know; a- overly excited and, you know, and I
was just - would feel relieved if - having the paramedics there in case he
needed any sort of rnedical help. Um, and I requested - when I requested
them even though I'd asked for the gurney, I said code three because I wanted
them there immediately. One, to [ry and prevent officers from gening i4iured'
and frorn the subject from getting injured. So that was the assumption I made
that they were coming code three and they were - they wele coming firlly
equipped to handle any'sort of medical situation if - if need be'
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gumey.
Mm-hm.
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-o4985 Ql: Thankyou.
7/30/2019 In-Custody Death Investigation - Xavier Moore (Part 10 of 11). Interview with Sergeant Amber Phillips (S-17).
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TNTERVTEW WITH SCT. (AMBER) PHTLLTPS
Interviewer: Sgt. Hongoz't11Y:7o pi
Case # 201348510
Page23
986
987 A.1; I don't have any questions.
988g8g Q: You have anything else you want to add that we may want to (udntelligible)99A may be good for us to know?
991
992 A: No I thinkthat's it. I covered it.993
ee4 Q:995
996997
998 This tanscript has been reviewed with the audio recording submitted and it is an accur4te
999 transcription.
SigIIe{
This is the end of the interview sdth Sergeant (Ambefl Phillips. It is 2102
hours.