INTERVIEW WITH MITCH BRAilSFORD

Interviewer: Det. Paul Sipe

Case# 20160180586
Page4

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the - the west elevator.

Q:

Okay, so you and the other officers that- that came up to the 5th floor came
up the west elevator?

A:

Yes.

Q:

Which was the elevator we just came up?

A:

That's the elevator we just came up.

Q:

Okay, once on this floor what happened?

A:

Urn, on this floor, urn, I was the first person out of the elevator. Urn, I cleared
this section of the hallway and then, uh, looked down the hallway to make
sure that - just to see what was there.

Q:

Okay, urn, what weapon did you select to use?

A:

I was using my AR-15.

Q:

Okay and why did you select that?

A:

Urn, it's, uh, it's primarily used for longer range, urn, weapons system.

Q:

Okay and is it safe to say that someone with rifle you would want to be farther
away from them?

A:

Urn, rifle can be used in any situation, urn, we did not know what kind of
weapons the guy had in the room, so.

Q:

Okay, but did they say what type of gun it was on the call?

A:

Um, I don't remember.

Q:

Okay. Urn, once you got up here, uh, did you have assignments? Or how did
you proceed?

A:

Urn, I like I said I ~e out first of the elev- first out of the elevator. Urn,
then because I had the rifle, urn, we had quite a long distance to- to clear. All
the way down to room 502, urn, from the west elevator. Urn, Office (Elmore)
was, uh, to my left on my flank. Urn, he also had a rifle with him as well. Urn,
Sergeant (Langley) was directly me and Officer (Doan) was directly behind
Office (Elmore). Urn, we then proceeded down the hallway slowly and
deliberately to, urn, make sure that no one- just to ensure safety.

.. -

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INTERVIEW WITii MITCH BRAILSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 5

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Q:

.Okay, urn, now how many, excuse me, excuse me, how many, urn, magazines
do you carry for your rifle?

A:

Urn, in this particular instance I had one magazine and, urn, prior to coming
up the elevator I asked Officer (Elmore) how many magazines he had with
him. I believe he said he had three and so I asked him if I could have, urn, one
of his to throw in my back pocket.

Q:

Okay, do you still have that magazine?

A:

I don't.

Q:

Where did it go?

A:

I gave that back to Officer (Doan) to give to, uh, Officer (Elmore).

Q:

Did you check that magazine to see how it was loaded?

A:

Um, I did not.

Q:

Are- do you guys load, urn, your magazines, uh, much the same way we load
our duty weapons where you have a standard number of rounds in each
magazine?

A:

Um, Yes, 27.

Q:

Okay and how many were in your gun?

A:

27.

Q:

Okay and that - so that would be one that would be in the chamber and then
26 in the magazine once it's loaded?

A:

Once it's loaded yes.

Q:

And once you were up here, urn, you attempted to make contact with Sergeant (Langley) attempted to make contact with the people in the room?

A:

Yes.

Q:

Okay, um, what was his initial attempt at making contact?

A:

Uh, verbal commands.

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INTERVIEW WJTH MITCH BRAILSFORD

Interviewer: Del. Paul Sipe
Case# 20160180586
Page 6

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Q:

Okay? Did that work?

A:

Uh, no it did not.

Q:

Okay and what was the next attempt?

A:

Um, continued verbal commands again, still did not work.

Q:

Okay.

A:

So ...

Q:

How many people were you - do you - did you

room?

A:

Urn, just from the call comments we understood that there was one person,
um ...

Q:

Okay.

A:

...once we approached the room, we stood quieti y for a little bit and we were
abie to hear a distinct female voice and a distinct male voice.

Q:

Okay, so when Sergeant (Langley) was giving his commands. He gave

commands to a female and a male?

A:

Yes.

Q:

But he found that out because he could the voices through the ...

A:

Open door.

Q:

Through the - was the door open?

.....A

I wasn't able to see the door, urn, [ apologize,.[ was stepping ahead of myself,
but, urn, the hotel receptionist advised us that the door was cracked open.

Q:

Okay, all right, so we came down this way?

A:

Yes.

Q:

Correct?

A:

Yeah.

~were

you told were in the

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INTERVIEW WITH MITCH BRAILSFORD

Interviewer: Del. Paul Sipe
Case# 20160180586
Page 7

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Q:

Okay. Thank you. Once you reached this position here where was yourwhere were you, urn, stationed.

A:

I was, uh, stationed right here, in front of 4.

Q:

Okay were you using the doorway as cover then?

A:

Urn ...

Q:

The - the cutout for the doorway?

A:

Uh, it- attempted to, there's not much cover just because of the fact it's
drywall. It wouldn't stop bullets.

Q:

Okay.

A:

So it was more of a concealment I suppose.

Q:

Urn, and once the phone call was made what happened?

A:

Um, so, uh, Sergeant (Langley) had, uh, Officer- or K-9 Officer (Cochran)
and Officer (Gomez) go downstairs to one get a keycard and to call the room
in order to attempt to make contact with the occupants inside of the room.
Um, that took several minutes obviously, uh, while we waited, urn, at several,
urn, moments, I - I beard a loud bang of something inside of the room, uh, not
a gunshot, but, urn, I don't know what it was whether it was something falling
over or, uh, I don't know. Urn, but it start1ed myself...

Q:

What - what did you think was when - I mean - if at the moment that you
heard that what was your impression?

A:

At the moment r heard it my impression as that someone was, uh, attempting

to do something in a - in a quick rna - in a quick manner whether it was
coming out towards us? 'Cause they knew where we were 'cause we made
announcements. Urn, it startled myself and, uh, Officer (Elmore) because we
both point our rifles in a - in an aiming position waiting for someone to come
out of the room.

Q:

Okay.

A:

Urn, we then heard the phone ringing from inside of the room. Urn, uh, it rang
several times, uh, they didn't answer the first time, and so, urn, Officer
(Cochran), urn, K-9 Officer (Cochran) called again, um, finally answered but I
couldn't hear what was, uh, being said on the phone. Urn, I then heard the
phone, urn, I don't know if it was slammed but it was really loud, not like a

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INTERVIEW WITII MITCH BRAILSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 8

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normal way someone would set down the phone.

Q:

Uh-huh.

A:

Urn ...

Q:

So wh-it was set down hard enough to where you could actually audibly hear
it?

A:

Yep I could audibly hear the phone hitting the receiver.

Q:

Okay and then what happened?

A:

Um, from there, urn, that- it seemed like it happened really, really fast. The,
uh, female and the male, urn, carne out of the room, urn, at the same time. Uh,
startled us again, cause they came out so fast. Urn, so they were given
commands and, urn, to get on the floor. Urn, Sergeant (Langley) was giving
all the commands of course, um, he proned them out on the floor, had them
keep their hands out in front of them where we could see them, urn, he then
positioned them into, urn, uh, their hands on top of their heads, um, with their
fmgers interlaced and their feet crossed while laying on the ground. Um, he
calmed his- I remember he calmed his voice down, urn, asked if they could
understand what he was saying, um, told them to, uh, obey his instructions.
Uh, he even asked them if they were, uh, intoxicated, uh, to which both
subjects replied that they were not intoxicated. And so, urn, at this point I was
able to understand, well to my - my impression was that they were able to
comprehend the directions that were being provided, uh, by Sergeant
(Langley). Uh, do you want me to keep going?

Q:

Yes.

A:

Okay, so, urn, once, urn, we all had the understanding - they had the
understanding that they could understand, urn, the directions being provided to
them, urn, Sergeant (Langley), uh, advised the young male to not move, to
keep his fingers interlaced, keep his legs, uh, crossed and to not to move
because he was going to have the female, urn, he was going to give her
instructions. He made sure that the guy understand that, urn, he replied that he
did understand. Urn, he then told the female, uh, to place her hands out in
front of her where he could see them, to push herself up into a kneeling
position and then to get her hands where we could see them up in the air. She
does so. He tells her to crawl towards us then so she crawls to us. Urn, once
she gets to, uh, within, uh, arms reach of us. Um, Sergeant (Langley) has
Officer (Gomez), urn, as the, uh, the hands on Officer for handcuffing. Urn, he
has, uh, he tells him to, uh, cuff up the female. Uh, (Gomez) then tries to go,
urn, in front of the line of fire, uh, which was extremely dangerous, not only

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INTERVIEW WITH MITCH BRAll.SFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 9

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the fact, urn, I didn't know if the suspect had a gun on him. I didn't know she
had a gun on her.
Q:

So you could see him come across you vision.

A:

He, yeah, he came across my vision so I wasn't able to clearly, urn, see both
subjects, and so, urn, we yelled at him really quick to pull her behind the line
of fire, urn, to avoid any further issue. Once he gets behind us, urn, Sergeant
(Langley) asks him to notify us once, urn, uh, (Gomez) has insured that, urn,
she's clear of any weapons. Urn, he quickly responds that, urn, she's clear
weapons and then Sergeant (Langley) says, "No, you need to frisk her." An
actually, you know, let us know if there's any weapons. So be does so. After
that's done then we move over to the male. He, urn, starts providing
instructions for the male. Urn, the same exact way that he did to the female.
Place his hands out in front of him, uh, flat on the ground, to push himself up
into a kneeling position. Uh, the male does that but uncrosses his legs. And so,
urn, Sergeant (Langley) tells him to cross his legs again. Uh, orders
commands to do so. Uh, the male, then, uh, with his hands, uh, he his hands
up and then he places them behind his back for several seconds. Um, I
couldn't tell if be was manipulating something or if he was reaching for a
weapon at this point. Urn, so, urn, Sergeant (Langley) yells at him to get his
hands where we could see them. So the male does it. Uh, places his hands up.
He informs the male, urn, that, uh, ''Don't place your hands behind your back.
H you do that again, urn, we're gonna take that as a threat, urn, you need to
listen to our instructions." And so then he, uh, tells the male, urn, to start
crawling towards us. So the male, urn, uses his hands and his knees and starts
crawling towards us doing little baby, urn, I guess, baby steps with his hands.
Urn, a couple steps in, the male, urn, pauses and then quickly reaches back,
urn, as if he's reaching for a weapon. I can see his right hand go behind his
back from my angle, urn, so I perceive this as a threat, urn, he's crawling
towards us, trying to gain a position of advantage, urn, in order to gain, urn, a
better firing position on us. Urn, at this point I'm - a million things are racing
through my head, uh, this guy's getting closer to us. Urn, it - the first time he
reached behind his back, urn, he - he wasn't as close to us, uh, this time he he defmitely - it it seemed like he was like right there. Urn, right in front of
us. Urn, and just the way it - the way he reached it wasn't like he was taking
another step to crawl towards us. It was a - he slid one hand - his left hand out
and then like turned to the side and reached back with his right hand to where
I couldn't see it. So that's when I assessed the threat. I fired my weapon, uh,
five times. And, uh, I - I stopped, urn, shooting at the, urn, the threat once I
was able to determine that there was no longer a threat, urn, at this point. Urn,
it it was a really, urn, it- it happened so fast it was like a blink of an eye.
Urn, 1 - it it was just a scary situation because, urn, I mean as you can see in
this hallway it's very narrow, urn, the- the male was very- very close to us
where he could have easily, urn, and quickly drawn a weapon down on us and

lNlERVIEW WITH MITCH BRAILSFORD

Interviewer. Det. Paul Sipe
Case# 20160180586
Page 10

fired without aiming and he could have hit us or the citizen that we had just
detained. Urn, I mean, it was myself on the right side next to room 504. There
was (Brian) (Elmore), Sergeant's )Langley) standing behind me so he's, you
know, his head's right there and then, um, Officer (Doan)'s over here. And
then there's the citiz- I don't know where the citizen and, uh, Officer (Gomez)
and the- the K-9, urn, unit, uh, Officer (Cochran) was, but, urn, it's just a very
-very tight corridor, no cover, urn, bullets would zip right through these walls.
These - I don't think these walls would stop bullets.

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Q:

So when he stopped initially when they brought the female back. Where was
he positioned in the hall? Was be on the left side, the right side, the middle?

A:

Um, when they first came out of the room?

Q:

Yes.

A:

He was - the female came out first. She was - she ended up on the north side
so that wotild be the left side which we're facing.

Q:

Okay.

A:

Urn, he came out and be was on the right side, urn ...

Q:

Which would be the south side?

A:

Which would be the south side? And he was a couple steps behind her.

Q:

Now when he started, uh, crawling towards you guys, urn, did he cal1 - crawl
straight towards you or did he- because he's kind of positioned towards the
north side is that correct?

A:

Yeah, that. ..

0:

Did he crawl in that position?

A:

Urn, he did crawl...

Q:

Okay.

A:

...from his hands and knees.

Q:

So you have more concealment when he's on the south side of the hall is that
correct?

A:

Um, more concealment?

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INTERVIEW WITif MITCH BRAILSFORD

interviewer: Det. Paul Sipe
Case# 20160180586
Page 11

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Q:

From him?

A:

From him yeah?

Q:

And if he crawls to the north side does that eliminate some of your
concealment?

A:

Yes.

Q:

Okay. Urn, if he was on the south side would have been able to observe his
hand better than the position than he was in?

A:

Urn ...

Q:

Do you think?

A:

I honestly, urn, I mean not speculate on it, uh, from where I was positioned
and the way things ended up I was not able to see where his hand went.

Q:

Okay. And when his hand went back, urn, was it a straight motion - was his
elbow raised?

A:

It was like he was going to his waistline.

Q:

Okay, so his elbow would- had to have been raised at that point?

A:

Yes.

Q:

Had he gone up off of the ground - was he in a kneeling position?

A:

He was still in a kneeling position, urn, like I said he was taking his - his baby
steps with his hands and then he paused with one band and reached back with
the other one.

Q:

Okay; urn, do- was the black item that's underneath him, do you know what
that is?

A:

Urn, well looking at it right now. It looks like a purse.

Q:

Okay, do you- do you remember seeing that at all?

A:

I don't remember seeing that.

0:

Okay, urn, but it- so you didn't see that prior to me pointing it out to you?

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INTERVIEW WITH MITCH BRAILSFORD

Interviewer: DeL Paul Sipe
Case# 20160180586
Page 12

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A:

Um,no.

Q:

Okay. Is it safe to say that the purse was there and you didn't see it at thatthat moment when he was reaching back?

A:

Urn, to be completely honest. I don't remember.

Q:

Okay and he could've crawled past it.

A:

Um.

Q:

So if he's reaching back it could be towards something like that.

A:

Right.

Q:

Okay. Okay. I have no further questions do you?

Ql:

When you fired your weapon you are standing or kneeling?

A:

Urn, I believe I was standing.

Ql:

And are right handed or left handed?

A:

Right handed.

Ql:

Urn, do have, uh, scope or magnification on the rifle?

A:

lt's an Aimpoint from the range.

Q1:

Okay, no magnification?

A:

No.

Ql:

Is it, urn, uh, MPD rifle or is it your personal rifle?

A:

It's a personal rifle, but, urn, the range scope, the, urn, EO Tech. I had an EO
Tech but those aren't allowed anymore. I've had this Aimpoint for probably
like 4 - 4 to 6 months.

Ql:

That's, um, your Aimpoint or the range put the?

538

A:

Range Aimpoint.

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Ql:

Okay so your rifle their Aimpoint on?

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INTERVIEW WITH MITCH BRAILSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 13

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A:

Yeah.

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Ql:

Urn, and how long have you had the rifle for?

A:

Urn, it's probably been like a year or more?

Ql:

On person or on?

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A:

On duty.

Ql:

Okay.

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A:

I bought it at the same time I got into the rifle school.

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Ql:

Okay and what other fireanns do you carry.

A:

Urn, just a Glcok17.

Ql:

That wasn't fired at all during?

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A:

No.

Ql:

Is it a 40 caliber or a 45?

A:

A9.

Ql:

A 9? Any other weapons at all?

A:

No.

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Ql:

No other secondary or anything like that?

A:

No.

Ql:

Did anyone else fire any other weapons?

A:

No.

01:

Urn, any other less lethal options that were used?

A:

Uh, none used. Urn, as in deployed and none deployed?

Ql:

Yeah none deployed.

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INTERVIEW WlTII MITCH BRAilSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 14

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A:

Yeah none deployed.

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Ql:

Was there anyone designated as, uh, less lethal?

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A:

Urn, I believe Officer (Doan) had less lethal. I remember seeing the Taser dots
on the female when we were bringing her back so I know someone had a
Taser out.

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Ql:

Okay.

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Q;

And you said that when you were coming to the call it came out as a subject
with a gun.

A:

Yes.

Q:

All right, urn, but it didn't specify what type of gun?

A:

I don't remember.

0:

Okay so it could have been a handgun could have been rifle, it could be a
shotgun, it could be any of those correct?

A:

Right, right.

Q:

Okay, urn, you also said that you stood up. Were you using the optics?

A:

I was using the optics.

Q:

Okay. All right.

Ql:

I heard you said it was - it was busy tonight. Do you remember the call or two
that you had prior to coming here?

A:

Urn, I just remember one. One of them was, uh, there was, uh - uh, a female,
her daughter and her son they were homeless and they were at the, uh, Taco
Bell, at, uh, (Power) and Main street and so they needed the police to go so we
stood by with them, uh, while the fire department showed up to give them
transport and then after that call, urn, I helped with, uh, they had, a probable
cause for a burglary suspect, uh, right across the street so I went and assisted
with that.

Ql:

Did you guys make an arrest on that?

A:

There was an arrest on that.

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INTERVIEW WITH MITCH BRAILSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 15

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Ql:

Any use of force at all or?

A:

No use of force.

01:

Any use of force throughout the evening?

A:

No.

Q1:

During your shift, did you arrest anybody else during your shift?

A:

Uh,no.

Q1:

And you're riding solo today or two unit?

A:

Solo.

Q1:

Solo. [n a marked vehicle?

A:

Yes.

Q1:

Okay.

Q:

I don't have any other- do you guys have any other questions?

02:

Prior to doing the walkthrough you watched the video that you preserved on
your camera correct?

A:

Yes.

Q2:

Urn, based on statements you made during your walkthrough did you see
anything in the video that you have added to your walkthrough that you didn't
remember or did you only talk about things that you remembered?

A:

Uh, just things I remembered.

02:

The individual on the audio tape and the video recording that's giving
commands, is that the Sergeant?

A:

That's the Sergeant (Langley) yes.

02:

Did he give all the commands?

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A:

Yes he did.

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02:

He gave a specific command to this individual that's on- on the floor here not

INTERVIEW WITII MITCH BRAILSFORD

Interviewer: Det. Paul Sipe
Case# 20160180586
Page 16

to put his hand behind his back.

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,,

A:

Yes.

02:

Did you hear that?

A:

Yes I did.

02:

Did - did you hear what the Sergeant told him would happen to him if he did
that?

A:

Uh, do not place your hands behind the small of your back otherwise we will
take that as a threat and you '11 get shot or something or we will shoot you or
something like that.

02:

How did you take that?

A:

That?

02:

Did that mean anything to you?

A:

1-1 took it very seriously, urn, just for the matter of fact I don't know what
this guy has behind his back. Urn, the first time he reached behind his back it
was - it was terrifying. I - I didn't know if he was reaching for a gun or if he
was manipulating or tried to reach for it or was manipulating something
behind his back, um, and so, honestly at- at that point, urn, it- it was just
terrifying it happened so fast.

02:

Okay when you heard your Sergeant say that did that mean anything to you?

A:.

Um, it was just a - a simple warning to this fellow not to do that again.

02:

It didn't draw a line for you though?

A:

No.

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02:

I don't have anything else.

714

Q:

Okay anyone else. Okay thank you.

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