1

BERKEI,EY POLICE DEPAX.TI\4ENT

2 3

4
5

CASE NO.

/J- s&Y/c
EiINT}

DATE
6

st

/ti,/t

7
8

I
10

STATEMENT TO INYOLYED OFFICER:

Officer,C 1L4J Ei3g-l-r*./t t\-.eJlryou are being rcpresented here at this interview by
77
PXINq

t2
73

youf attofney,

. You

afe

flot in custody and you ate ftee to

conclude the interrie\il at anytime. You are flot obligated to answer any questions.

t4
15 76 77

Any answers you do give may be used in

coutt of law. Having dris in mind, do you

wish to volunarilyproceed with the interview?

18
79

20
27

N, {A&,i-r,4 t t*j*_
OFFICERNSME

-L;""-#4
SIGNATURE

22
23 24. 25

-1-

271

INTERVIEW WITH OFC. (NIKOS) KASTMILER Interviewers: Sgt. Hong, Det. Johnston & Harry Stem 02-13/9:39 Pm Case# 2013-08510

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Page

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trNTERVIEW WITH KASTMILER Q=Sgc Hong Ql=Detective Johnson

Q!=Harry

Ster.n

Ofc. (Nikos) Kastmiler

t2 t3

t4
l5
16

Q:

February 13,2139 hours. Ilterview with ofEcer (Nikos) Kasfiniler. I am

Sergeant

Hong. H-O-N-G.

17 Ql: t8 19 Q2:
?0

Detective Johruon.

J-O-H-N-S-O+I' Batge26.

I'mHerry Stem. S-T-E-R-N.

And I'm Offi.cer Q'liko$ Kastniler, That's K-A-S-T-M-I-L-E-R' Badge
#104.

-21 22
77

A:

24 25 26 27 28
29
31

Q:

Thsnkyou. Uh, state yourrank Officer Kastmiier?

I'm a Police Officer with Berkley. Police.
What was the dats of yourhire withBerkley Police?

A:
Q:

30

A:

Well, I - it was uh, sometime in Decembet of 2007. I don't remember the

date exactly.

32

33
34
35

Q:

Do you have any prior law enforcement o- experience pri- uh BPD?

IJh, no.

uh, prior to

36 37 38 40 42
.J

A:
Q:

Which patrol operations team do you work?

LIh, Team 4.

39

A:
Q:

4l

qk"y

What are the normal days work and normal hours work for Team 4?

'-

44
45

A:

The uh, normal days are Monday through Thursday. The hours are 8:30 p'm. to 6:30

a'm'

272

INTERVIEW WITH OFC. O'{IKOS) IGSTMILER lnterviewers: Sgt. Hong, Det, Johnston & Harry Stem
02-1319:39 pm
Case # 2013-08510

PageZ

Q: )b 57 A: 58 Sg Q: 60 6l A: 63 e: 64 '5 -16 A: 2l 69 70 7l 72 73 74 75 76 77 7t 79 80 81 82 83
86

47 48 49 50 51 52 53 54 55

46

Q: A: Q: A:

Okay. When I say yesterday, that merns, uh, February 12th, Tuesday okay?
OkaY.

Curently, it is February 13th, uh, Wednesday, okay?

OkaY.

$o what was your call sign during yesterday's

sffi?

Itwas uh 4Adam7.
And uh, wtrat area or beat were you assigned to during yesterday's shift?
Yesterday's

shift,I was beat 7 which is uh, South Campus are4 Berkley.

62

Who were your supervisors druing yesterday's shift and during yestbrday's incident? Uh, Sergeant Phillips and Huynh'

e: A: Q: A: e: A:

'ask

Okay. Phitlips is P-H-I-L-L-I-P-S and Huynh is H-U-Y-N-H and I meant to for elarification, who are your supervisors. Not supervisor's on scene but supervisors and you're still Phillips and Huynh?
Yeah, mY Team suPervisots, Yes.

And they are your normal supervisors?

Yes.

Utq when was the last shift you worked prior to yesterday's shift?
So yesterday being Tuesday night, the uh, shift that I worked

prior to that was

MondaY

night. 8:30 to 6:30 am'

moming?

Q: 84 85 A:

6130 a;m. TuesdaY

Yes.

87 Q: '8 o9 A:

Got

it. All

right.

eo

Last night.

zls

INTERVIEW WITH OFC. (NIKOS) KASTMILER Intelviewers: Sgt. Hong, Det Johnston & Harry Stern A2-13/9:39 pn Case# 2013-08510 Page 3

et Q: 92 93 A: 94 e5 Q: 96 97 A: 98 e9 Q: 100 101 A:
ta2
103 105

Do you hold any other secondaryjobs? No.

Did you work any overtime prior to yesterday's shift?

No.
Have you any

have you taken any medication, prescription or otherwise?

Any prescription medications?

104
707
19
---r

Q:

Okay.

106 A: 108
Q:

But that's the onlY one. Uh, have you consumed any alcohol in the past 24 hours? No.

l0

A:

ttz Q: 113 114 A: 11s 116 Q: 1.17 118 A:

119

1i1

All right, Do you have any medical conditions?

No. Before yesterday's shift, when was the last time you slept and how long? Before yesterday's shift, uh, I slept from about 7:30 in the morning to about about ::30 in thl aftemoon. That - so that would be Tuesday during the day. During the day TuesdaY?
Yeah.

r20
11')

tzr
nq

Q:

t23 724 l?s

lz8
130

A;
Q:

And you reported to work Tuesday at 8:30 in the evening?

Correct.

t27

A:
Q:

tze
)Z

Okay. Did you sustain any injuries during yesterday's incident?

No. Do yoir wear corrective eye glasses or contact lenses?
Yes.

131

A:
Q:

'r33
134

t35

A:

274

INTERVIEW WITH OFC. (NIKOS) KASTMILER Interviewersr Sgt. Hong, DeL Johnston & Harry Stern 02-1319:39 Pm Case # 2013-08510
Page 4

136
137
138

Q:

Do you

wear- which one do you wear &uing shift?

139

A:
Q:

Uh, I nonnally wear uh, contact lenses.

Contact lenses.
Yes.
{.Jh, starting

140
141

Uh

and you wore contact lenses yosterday?

142

t43
144
145

A:
Q:

146
147
148

it is -

from your belt,buckle, going clockwise, could you describe what what duty gear is on your duty belt?

r49
150

i51 152
153

Okay, going clockwise. Uh, from the belt buckle, it's uh, two magazines, then ,h, next thi*g uto, smith & wesson .40 caliber deparhent issued and then next on that ii a set of handcuffs. Next from ttrat is another set of handcuffs followed by a belt flash light. A radio from the departnent. A collapsible baton. OC Peppers spray and uh, key pouch.

154

Did your duty belt or duty gear sustain any damage from yesterday's incident?

*155
157 158 159 160 161

55

A:

No.
What vehicle make and model were you driving? What's the vehicle number?

It's
Q:

a Ford Crown

Victoria, uh, vehicle 1735.

and emergency equipment is onthis vehicle?

162
163

Uh what kind of markings

r64
155

A:

It's uh, marked black aild white. AIso overhead police uh, lights marked with Berkley Police Departnent on it.
:

166 167 168 169 170 171

Q:

Do younormally drive this particular vehicle?

Yes.

A:
Q:

Uh

were you a single officer or a paired officer car?

172 173

A:
Q;

Single officer.

t74 t75
176
177

All right. Now you prepared

incident, conect?

a supplemental police report.

& - tr, for this

'-179

78

A:
Q:

Yes.
.

180

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

275

TNTERVIEIV WITH OFC. (NIKOS) KASTMTLER Interviewers:'Sgt. Hong, Det. Johnston & Hany Stcm 02-1319:39 put
Case

# 2013{8510
page 5

181

182
183

A:

184
185

186
1,87

188 189 190

191

Sure. On 02/13t13 at approximately 0030 hours; I heard Officer Brown say over the radio to "send epergency cover." I responded to 2116 (Alston) Way, #514 to assist. I arrived on scene and entered the apartment. I observed uuiry large male, later iderrtified as (Moore) laying face down on top ofa mattress with officers struggling to control him. Officet Two, Badge #38, Officer Brown, Badge #16 and Officer B. Smitb number three, were controlling (Mooie);s arms and legs as he stuggled to break free from their
(ltdoore) was handcuffed and I assisted in contmlling (Moore)'s arms and preventing him from getting up. I remained v'/ith (Moore) - sorry, excuse me * while *uiting for BPD offtcer to bring a lvrap device for (Moore). Whiie

contol,

192 193 194 195

196

197 198

'99

--00
201 202 203 204 205 206 207 208 209
Q:

disc.overed this, we immediately removed (Moore)'s hand;trs and taid him flat on his back. we began doing cPR on (Moore) until BFD arrived on scene, begau emergency teatment.' I remained o[ scene and contacted (Sterling). (Sterline) was inside the aparhnent wittr BPD officerc and (ltioorei dwing the initial incident. (Sterling) provided a witten statement about the incident. See attached written statement. had a puise. When

we were deployurg the wrap, (Moore) stopped struggling. we rolled (Moore) (Moore) on to his bft side. About a minute later, Offrcer (Brown) stated that, had stopped breathing. We checked for a pulse and noticed that he no longer

wi

Okay,

thanks. Okay.
correct?

So you were on routine patrol when you heard a radio

tffic,
Yes.

A:
Q:

And you said, g[ according to the police report, that the radio taffrc said ,o*.thiog to the effect of send emergency cover and that was made by Offrcer Brown?
Yes-

2lo
217

A:

2t2
213 214 215 216

Okay. Where were you

w'here were you when you heard this radio traffic?

A:

I don't remember where exactly I was. I was somewhefe on Beat 7 area' Um, somewhere on my normal !eat. I don't remember exacfly though'

2t7
218 219 220 -?1

Q:

Okay. And youresponded uh, in what fashion? Which code?

Code 3.

A:
Q:

okay., And when you arrived uh

uh, how did you enter the building?

--)2

276

Jlf*:,i1l"yfiTf f,:'illT3:l[i,'#'#I pm
02-13/9:39
Case #

2013{8510

223 225

))a
226 227 228 229 230 231 232 233 234 235 236 237 238 739 240 241

A:

The uh, building was already propped open by a door. Um, I basically arrivgd on scene the same time as Officer (U"ttiO and (Gardner) and uh, the tluee of us, took the elevator together.

Q:

Okay. So you ascended - you went up the * with the slevator, you got to the fifth floor in front of aparlment 514, conectl
Yes.

A:
Q:

Okay. When you anived, uh, at apartment 514, um, was the door closed or
open?

A:
Q:

Open.

Okay. Um, when you yotuself entered aparhnent 514, what was tlre first thing
you observed? Uh, we observed a very large male uh, laying on what looked like a matfess io the comer of the aparhnent. Utr" he was layrng on his stomach and uh, "fr, (Smith). there was three officers in there. Officer (Brown), (Two) and Officer Um, it was apparent that they were strugglihg to confiol him and that he was

A:

-42

-L43

244 245 246

A:

kicking and flailing around

What did you do uPon seeing that? When I saw f.hat, I rushed over there to assist and controlling his anas' Urn, get - I held his arms while he was trying to bring them up and also trying to
back up.

247 248 249 250 251

252
253

Q:

254 255 256

257 258 259 260 261 262 263 264
55

So when you said you tried to control his arms, were you grab - were Okay. -tying to contol both arms or - or did you have a particular arm you were you tyrng to control?

A:

I was trying to grab both arms. I noticed that he was already in handcuffs, but again, fr. *L Oying to bring his arms up and he also tied to grab my wists rrlnil"tr* was holding there, but I was trying to hold both of his arms to keep them inthat position.
So when you arrived and you went in to assist, he was already handcuffed,

Q:

correct?

A:
Q:

Yes.

'-/66
267

Uh was it one set, two sets, three sets? Do you recall how many sets Wero

linking his arms together?

277

INTERVIEW WITH OFC. (NIKOS) KASTMILER lnterviewers: Sgt. Hong Det. Johnston & Harry Stern 02-13/9:39 pm Case# 2013-08510 pageT

268
270
272 273

269

A:
Q:

I don't remember how many cuffs were used. Okay. But even though he was handcuffed, you described him still actively resisting, is that correct?
Yes.

27r
275

274 A: 276 Q:
277 278 279 281 282 283 285 286

Okay, like when you were saying that he tried to get - was he trying to - what - describe a little bit more in detail what he was doing as he was resisting even ihough he was in handcuffs. He um, I remember his legs were flailing around and he was trf ing to kick uh, offieers offof his legs. He was trying to basically stand back up it seemed like.
Okay. . And what kind of force were you using to keep uh, control of

280

A:

284
l8

Q:

Mr. uh,

(Moore)?
I was holding his two um, arms and uh, I was also using my shin and knee on the back of his left leg to keep them stationary on the - on the mattress.

287 A:

)ss

2e0

Q:

291 292 293 294 296 298

300
301

Okay. Do you reclll uh, while you were tying to r*r, maintain conhol of Mr. (Moore), (Xavier Moore) that's this deceasedperson, when you're trying to maintain control of Mr. (Moore) whatwas - can you recall what Officer (Twolwas doing?
r

295 A: 297 Q:
299
302

- I...
can recollect?

Ifyou

A:

.,.1 rememtrer he was there. Uh, I don't reme,nrber specifics on whal he was

doing. We were all trying to basically prevent him from getting up qnd continuing the fight. I dontt remember specifically what he was doing though.
Okay, do you remember his positioning? What Mr. (Moore).-. He was standing uh, opposite me and so if (Moore)'s laying on the ground,I was closest to his left side. Offrce (Two) was um, on his right side.

303 Q:
304 306

30s
308
309
1

A:

307

Q:

Right side?
Yeah.
,

110

.A:
Q:

-ttz

ls he on the ground or on the matbess?

275

INTERVTEW WITH OFC. (NTKOS) KASTMTLER Interviewem: SgI. Hong, DeL Johnston & Harry Stem

page g "*#'r'o'ii:33f,7

314 A: 31s 316 Q: lil A: 319 3?0 32t Q: 322 323 A: 324 375 326 Q: 328 A: 329 330 Q: 331 332 A:
{J 327

313

I'm sorry. While he's uh, stomach down on the uh, mattress.
Okay. Where was Officer (Brown)?

officer (Brown) was.to the left of me, urr, closer towards the upper portion of
hisbody.
What about Officer (Smith)?

Officer (Smith) was to the right of me

body.
To the right side or

uh

also, again on the left side of his

left side?

Left side is what I remember, Left side? Okay.

To my right, but

All right.
the left side of (&Ioore)'s body.

offto

Q: -t4 335 336 337 A; 338 339 Q; 340 341 A: 342 343 Q: 344 345 346 A: 347 348 Q: 349 350 A: 351 352 Q: 353 354
355
-

Okay. Allright. Um,uh,doyourecallwhatOfficer-whichbodypartofMr.

(Moore) was he was grabbing ontc?
No.

Okay. Uh, I forgot to ask, what about um, Officer (Brown)?

No,I don't.
Okay. [Jh, do you recall any oilrer officers arriving to it Officer (Mathis) doing? Do you recall? I believe he was tying to control (Moore)'s legs. Um...
Okay, what about Offlrcer (Gardner)?

- well what was

I believe he was also hying to do the same thing, Okuy. All right. Um, at this point did any other officer anive to assist in addition - excluding the room. You guys are already there. Do you know who else anived at all?
I - I know uh, Sergeant (Phillips) and Sergeant (Cardoza) um, arrived shortly after but any other officers, I'm - I'm not aware of.

'-o

5 A: 7

279

INTERVIEW WITH OFC. (NIKOS) KASTMILER

Interviewers: Sgt, Hong Det.

Johnston&-?iprBT3
Case # 2013-08510

Page9

358

3s9
360 361 362

Q:

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

363

A:

I don't know for sure. I do

364
365 367

366 Q:

368 A: 369
370

agai4 I wasn't looking directly at what Officer (Mathis) was doing, so I don't know.
But I

-I-

372 373 374 375 A:

376

371 Q:

Uh durine - during this portion while you were present gd Mr. uh,
(Moore)'s

would you say that even though he was handcuffed, he was

activelY still resisting?

Yes.

-,i8

'17 Q:

Was he yelling anything? Was he saying anything?

379 A:

No
Nothing? No.
He wasn't yelling at aily point? At that time, he was quiet when uh but he was physically resisting but at that time he wasnlt yelling anything? Correct. When youwere there? Okay, got it, Um - um, let's see. Did you, at all hear IVIr. (Moore) uh, while you were there with him ver- verbalize and say, I could - he - that he couldn't breathe or that he needed medical attention or that he
was hurt in anY waY?

38I Q: 382 383 A: 384 385 Q: 386 387 388 A: 389 390 Q: 391 3gZ 393 394 395 A:
396

380

No.

398
399

3g7 Q:

Okay. Now, did you at all see any offtcer, to your recollection, uh, putting pressure on Mr. (Moore)'s head or neck?
No.

0 A;

280

INTERVIEW WITH OFC. (NIKOS) KASTMILER Interviewers: Sgt' Hong, Det. Johnston

&_Hf,r#

Case# 2013-08510

402
403

Q:

What about putting pressure on his chest area, stomach area, diaphragm,
etcetera?

404
405 4A6
407

A:
Q:

No.
So, now explain to me after

was there at any point, Mr. (Moore) calms

408 409

down?

4rc
411

A:

There was a point when we basically uh, had the wrap and we were kind of unstrapping the wrap and I believe we initially put ttre leg resftaints on him was kind of when he stopped uh, resisting, basically' Stopped physically resisting?

412

4t3
41,4

415

4t6
4t7
418 419 429

A:
Q:

Yes.

Okay. But I believe at that point, he was already on his side.

A:
Q:

1t -=22
4?3 424 425 426 427 428
429

Okay. He was already on his side.

When ,ive wefe trying to figUre out horv to deploy the wrap because he's a larger individual uh.., Okay

A:

Q:

A:
Q:

...while that was going on, Yeah.

To your ree- best recollection, how do you describe uh, Mr. (Moore)'s height
and weight?

430 431 432 433 434 435 436

437

A:
Q:

LJh, very large

in stature. Heavy stature too.

Can y.ou

gv9

an estimsted poundage or no?

438
439

A:
Q:

Probably about 400 pounds

440
441

Okay. About howtall You think?

;.'.

' ,,'l- i.*'.J

. ]-,14

..,1

442 443

A:
{._r*j:1..;:,,

\4
--445 446

Q:

6',2",6.',3"?

i-lr':l:';

. ':i'

ir.: t'Li'

A:

That's what

it

seemed like, Yeah.

281

INTERVIEW WITH OFC. (NIKOS) KASTMILER Interviewers: Sgt Hong, Det. Johnston & Harry Stem
02-1.319:39 pm

Case# 2013-08510
Page 1l

447

448 Q: 449 450 451 452

Okay. Um, did uh, during the brief rnoment where uh,'Mr. (Moore) was still
struggling, did you hear any off,rcers commanding - making any verbal commands to uh, to Mr. (Moore) in any way? Telling him * giving him orders to calm down? Giving him orders to Stay still? What - whatever you can recollect.

453

455
456 458

454 A: 457 Q:

I do remember somebody saying to uh, calm down and stop resisting. I don't remember who exactly said that, but remember hearing that.
So he was placed on his side you said, correct?

459 A:
460 462 464

Yes.

461 Q:
463 A:

Do you renrember which side, left or right?

Left side.

465 Q:
'66

Leftside. Andatthispoint,he'scalm. He'snotresistinganymore?

Correcl
so he's now calm and you mentioned early on in your interview that he started having uh, difficulty breathing, is that correct?

07 A:

468

47O 471 472 A:

473

469 Q:

Okay. To the point of

Yes.

475
478

474 Q:

Okay, well how long was that time span berween the time he went calm to the time he started having diffrculty breathing? I estimate it at maybe a minute or so.

111 A:

480 481 Xi? A: 484 485

486
488

47g Q:

Okay. And uh, did you yoruself notioe that he was having difficulty or did somebody - some offi.cer say something that prompted you to uh, notice as well?
No, well officer (Brown) said uh, I - something uh, to the effect of, "I think he's not breathing." At that point, I wasn't aware and uh, I tried to c,onfirm
also.

48? Q:

Youtried to what?
Tried to confirm that he wasn't
Okay.

'q9 A:

breathing'

r.,

-.)a

-491 Q:

282

INTERVIEW WITH OFC. (NIKOS) KASTMILER Interviewers: Sgt Hong, Det, Johnston& Harry Stem 02-t319:39 pm cas"# 2ot3p-fs*esll

493 A:
494

492

And tried to check to see

if

he was affer I heard her say tttat.

496
497

495 Q:

Okay and you when - you wanted to ky to check to confirm, what were you doing to confirm if he wasn't breathing or not? Uh, I - i put my hand kind of on his - his stomach to - well, stomach, chest area to see if I could feel breath coming out or his chest rising...

499 501 Q: 502 503 A:

500

498 A:

Mm-hm. ,,.and lowering,

Um,I didn't feel anything.

505 Q: s06 507 A: 508 509 510

511

5A4

Anyttring else that you do?

I hied to c.heck for his pulse. ,Um, I wasn't really able to because he was stilt in handcuffs. I was trying to but I couidn't feel for any pulse and I wasn't sure if &at was because um, the handcuffs were interfering with it or just that he didnlt have a pulse. Okay. Um, so when uh, that occurrd, what - what occr:rred next when when you guys uh, realized he was not breathing?

,2 Q: 513 5t4 515 A: 516 517 518 519 Q: 520 521 522 A: 523 524 525
526
528 530

When we realized he wasn't breathing uh, and that he n6 lsnger had a pulse, we immediately took offhis - his handcuffs and uh, rolled him onto the floor,

flatonhisback.

What part did you take in the un- in - in the removal of the handcuffs and roliing him onto his back? Do you recall?

Uh, I believe I was holding onto one of his wrists m&ing sure that um, ifhe was awake and - or if he did wake up, tllat he was not going to actively resist again and continue frghting so I believe I was controlling one of his wrists while we were taking the cuffs off.

527 Q:

Okay. Do you recall which officer re- released the cuffs from the wrists? I don'L
And um, so he's on his back and you CP& is that

529 A:

531 Q; 532

correct?

and you uh, and the officers started

'

'74 A: ,5 536 Q:

533

Yes.
Ard which officer
had what role in the CPR,

'
if you recollect?

.:

283

INTERVIEW WITH OFC. (NIKOS) KASTMILER

interviewers: Sg!. Hong, Det. Johnston

& Harry Stem 02-1319:39 pm

Case# 2013{8510 page t3

538 A:
s4l

s37

[Ih, I remember Offieer (Two) was doing the chest compressions.

ili

Q:

okay. And then do you recall uh, if any offrcer sutrmoned the

laramedics?

542 A: 543
544 s46

Yeah, I believe um, they were - they.were surnmoned. I don't recall who was the first person to call for BFD.
N,Im-hm

545 Q:

547 A:

But I do remember hearing over the radio, somebody requesting paramedics.

Okay. I believe that wag actually the initial pornt when he stopped uh, breathing. When we noticed that he was no longer breathing and had no pulse. Okay.
So earlier.

549 Q:

548

))) 556 A:
;7

551 A: 552 553 554 )-- Q:

550

-5SA Q:

559 561 A:
560

Afld uh, eventually - while you were stilt inside the apartrnent when the uh, paramedics anive4 correct?
Yes. Okay, what were you doing while uh, the others were doinguh, - well, eertain officers were doing CPR. What were - what were you doing at that time?
.

s62

564
56s
567

563 Q:

566 A:

I was uh, controlling his right arm.

Okay.

568 Q: 569 570 A: 57t 572 Q: 573 574 A: 575 lli Q: 578 <7g A:
,0

fud

also his right leg just in case

because he was no longer handcuffed.

Yeah.

Urn, if he did wake up, I didn't want him to be able to swing his fist and hit OfEcer (Two), while Offrcer (fwo) was uh, giving him chest compressions,

okay. And you kept doing that until the paramedics auived?
Correct.

284

INTERV1EW WITH OFC. O\TIKOS) KASTMILER Intcrviewers: Sgt. Hong, Dct. Johnston & Harry Stern 02-13/9:39 pm Case # 2013-08510
Page 14

581 Q: 582
583

Okay. When the paramedics arrived, did you release back off?
Yes,

or did you just uh,

584 A:

586 Q: 587
588

s85

okay. And uh, paramedics came, kept working on Mr. (Moore) and eventually Mr. (Moore) was taken out of the aparhnent?
Yes.

589 A:

5gl Q: 592 593 595 A: 596

598 Q: 599
597

s90

Okay. Once Mr. (Moore) was taken out of the apartment, well what did.what did you do thereafter, once Mr. (Moore) was nowout of the aparhnent and in en route to the hospital? I u[ contacted um, Jv[r. (Sterling) outside the uh apartment and obtaiued a written statement from him.
Before uh, taking the statement from Mr. Sterling, did you know who he was
and why you were laking a staternent from him?

594

fll A: .---,0? 503 604 605 Q: 506 607 608 A: 5qe 610 Q: 6ll 6t2 613 A: 614 615 Q: 6.16 617 618 A: 619 620 621 Q: 622 623 '14 A: -o5

600

No, not initially. Uh, Officer (Cardoza) - I'm sorryr, Sergeant (Cardoza), told me that um, Mr. (Sterling) was a witness and inside the uh, building prior to

police arival but I was not awme of that until I had spoken to him.

Okay. And then you - andthen youtook a uh, statement from Mr. (Sterling),
correct?
Yes.
So you hand wrote the statement uh, and uh, I\dr. (Sterling) signed

it

as true

and facfual, correct? Yes.

Okay. After you * the Statement you took from Mr, (Ster)- whore was the statement taken - where that location was?
Uh, it was still in the apartment building.

- where
on

It was or:tside ofthe apartment

thefiffhfloor, kindofneartheelevator.
Okay. After you completed the statement from Mr. (Sterling), what did you doaftenvards?
I-lh, afterwards, um, I hetped Officer (Mathis) uh, lock up the uh, aparfment. Mr. (Sterling) had some belongings inside the apartment that he needed to

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626 627
628 630

U[ clothing and also his wallet so we allowed him to grab that before securing the apartment.
retrieve. Okay. And who's keys did you guys use to secure the apartment? I believe it was uh, M-r. (Hayes), (John Hayes).
How do you know Mr. (Hayes) ?
LIh, I

629 Q:

63I A:
632

633 Q:
534 636

635 A:

I leamed about him from (Sterling) during the statement.

638

637 Q: 639 A:
640

Got it.

Um, yeah.

642
643
<45

641 Q:

Okay. And after you uh, helped uh, secure the apartnent, what did you do afterwards - after that?
Uh, I'd went back to the police station to start miting supplemental report.

644 A:
-_

16 Q: 647 648 649 650 651 A:

6s2

Okay. Couple more questions. One is, when you received tlre tadio broadcawhen you got promptedto go based on radio broadcast and when you went upstairs and you started assisting in ub, contuolling Mr. (L4oore), did you know al the time, wtry Officer were - why Mr. (Moore) was in handeuffs?
No.

653 Q: 654 655 656

Okay. Um, uh, while you were there while IvIr. (Moore) was in handcuffs and uh and all the - all divisions you told us already, did you at any point see any of the officers, including yourself stike Mr. (Moore) with uh, open hand or closed-closed fist?
No. Do you see any offiber deploy uh, OC?

658 A:

6s7

660 Q:
661 663

6s9

664 Q:
666 A:
667 -<8 Q: -t9 670 A:

Did you
No.

- you see any oflicer

uh, strike Mr. (Moore) with the baton?

Did you see any officer strike with any type of blunt object?
No.

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INTERVIEW WITH.OFC, (NIKOS) KASTMILER Intefviewers: Sg. Hong, Det. Johnston & Harry Stem 02-13/9:39 pm Case # 20 I 3-085 l0 Page 16

672 Q: 673 674 A:

677 679

671

Did anybody discharge their firearm?

No.

676 Q: 678 A:

675

Did anybody use their uh, duty pistol to stuike Mr. (Moore) with?
No. Um, ttre - including - in addition to the officers you mentioned, how many which sergeants do you recall seeing on scene or in or around the property at the time of the incident?
Sergeant uh, (Phillips) and Sergeant (Cordoza),

680 Q: 681 682 684 A: 686 Q: 687 688 A: 689 490 Q: .-- )1
693 A: 695 Q: 696 697 QI:
698
700 683

685

Okay. Did you recall seeing any other sergeant right before that?
No.

Okay. Did you see any other rank officer other than sergeant or officer tlere
on scene?

692

No.

694

Okay. Uh, ur4 anything?

I don't actually.

699 Q2: 701 A:

I have a few. Did anybody, including yourself, kick Mr. (Moore)?

No.

703 Q2: 704 705 706 707 708 A:

702

All right. Do you use uh, I'm reviewing yow supplemental report, okay. All right.. You used the pkase in the second line, "Laying face down." Uh, do you mean that literally, Mr. (Moore)'s face was in the mattress or can you clariffthat. No. It didn't
appear his face was actually on the mattress. When I say face

710 7ll .4 715

n13 Q2:
712

but to my recollection, there wasi a gap in between &e mattress and the wall and uh, I don't believe his face was actually directly pressed into the mathess. Cordd he I know you don't know whetherhe could breathe bw he - he appeared to have the ability to breathe based on his position that you

observed?

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INTERVTEW WITH OFC. 0{rKqS) KASTMTLER Interviewers: Sgt. Hong Det,.Johnston & Harry Etern 02-1319:39 pm
Case#

2013{85I0
Page 17

717

7t6

A:
Q2:

Yes.

7te
720

718

Do you ever have any prior encounters with Mr. (Xavier Moore)?
Yes. Can you describe them?

11)
724

721,

A:
Q2:

723

725
726 727

A:

728
729

730

Yes. I um, I had some contacts'with uh, (Xavier Moore) whenhe used to live University Hotel on uh, University Avenue when I worked at Beat 3. Um, during those incidences, there was ub disturbances and also fights involving himself and uh, other tenants. urn, there was also disturbance calls relating with him and uh^duggerse-um, specifieallycrask{'socaiil. *Llh, disputes regarding that
at the uh,

732 Q2:
7J3 734

73t

Did you everhave the opporturity to speak to oae of his relatives about Mr, fXavter Moore)?
Yes,

735
iil

A:
Q2:

I spoke to his mother.

What was the nature of that conversation

if you iecall?

738 739 744 741 742 743 744 74s 746 747 748 750 751 752 753
755 756

A:

Uh, I\[r. (A{oore)'s mother was concenred utr, about (Xavier)'s welfare. U}r, she expressed"to'meroncsms.of..his,uh,=Bs.5rehietric,$ehauisr.'and'.alsohis uh, .d*g;Sg=Shat she was concerned about - r:b she was also concemed that the location that he was living at uh, was not the best environment and also not

fte safest for him specificatly

Q2:

I don't have any other questions

Me either. Uh, you have anything else you want to add? No.

Q:

749

A:
Q:

Okay. It's 2205 hours. 2205 hours. End of interview with Officer Kastmiler.

754

This fiarscript has been reviewed with the audio recording submitted and it is an accurate hanscription. signed

288