Moore, a 41-year-old transgender Berkeley resident, died of an accidental drug overdose while in police custody in February, but the details of her death did not come to light until the release of the report on May 3 — nearly 3 months after her death.

A death in police custody is inherently an extremely sensitive situation — one which the department needed to communicate with the public about quickly and extensively.

Instead, not only was an autopsy report not released in a timely manner, but the police failed to provide a meaningful reason for the delay to the public.

Furthermore, before the death occurred in police custody, the autopsy should have been done by an outside agency other than the Alameda County Sheriff’s Office Coroner’s Bureau to ensure its validity and rid the police department of unnecessary suspicion.

Employing an outside organization to complete an internal investigation is not unheard of. Following the events of Occupy Cal in November 2011, an independent review of police actions were ordered to make certain that no bias was involved.

Although department spokesperson Jennifer Coats apologized for the lengthy delay and noted that the department wanted to ensure a “proper and thorough investigation for Moore,” an apology is not enough.

If Berkeley Police Department expects to be valued and trusted by the people it aims to protect and serve, it needs to be prompt and accountable regarding its own conduct.

The department should learn from this incident and create a better procedure for the future — one in which it moves forward with transparency as a fundamental value.

The post A deplorable delay appeared first on The Daily Californian.

Moore, who died in Berkeley police custody on Feb. 12, became the focus of controversy during Tuesday’s council meeting. As the City Council attempted to move an item on mental health for further discussion later in the meeting, vocal protests erupted, eventually culminating in police officers forcibly removing one protester who refused to give up the floor.

Before the council meeting, protesters also held a rally in front of City Hall, holding signs stating, “We won’t forget Kayla!” and “Justice for Kayla (Xavier) Moore.”

Much of the anger in the room reflected protester frustrations about the scarcity of information regarding the case. Berkeley Police Department currently has a “press hold” on Moore’s autopsy report, and although the BPD has assured that the report will be released in the near future, the situation has resulted in strong criticism from members of the family as well as the community.

During the public comment session, two protesters ceded their speaking time to Arthur Moore, Kayla’s father, who directed most of his criticism toward Bates.

“I’m very, very disappointed that your chief of police put a hold on this case,” Arthur said to Bates. “We haven’t heard anything from your office stating that things are going to change … Nobody has said anything about my son. Nobody from your office. What I’m asking you to do is change your mind and give us some answers.”

Prior to the council meeting, much frustration was taken to the streets. On March 12, for example, about 70 protesters gathered at People’s Park and marched on Berkeley Police Department.

Though the protest was nonviolent, the anger was tangible as participants chanted slogans like “Vengeance for Kayla Moore.”

The march was soon followed by a birthday memorial for Moore, who would have turned 42 this year. The memorial also had a march with turnout similar to that of the march on Berkeley Police Department headquarters.

The council meeting, however, was not all emotional pleas and outbursts. Moore’s sister, Maria, proposed that the city have a mental health awareness month.

“What the city needs is more mental health services,” Maria said. “Let’s allocate those funds that would hire more cops to mental health services.”

The heated discussion on mental health and Moore’s death cooled down after the forced removal of one of the protesters. Councilmember Kriss Worthington emphasized that the council must focus on helping move the Berkeley community past this issue and toward a healing process.

Gladys Rosario covers academics and administration. Contact her at grosario@dailycal.org and follow her on Twitter @gladysrosario93.

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Organized by Kayla’s family, the celebration will be held at the Gaia Building apartment complex at 5 p.m. on what would have been her 42nd birthday.

Moore, a diagnosed paranoid schizophrenic, died in police custody on the night of Feb. 12 after officers were called to her apartment to respond to a call about a disturbance.

Following the event, Berkeley Copwatch has organized a march to the Berkeley Police Station to call on the department to release information about their investigation into Moore’s death.

“Our first objective is to honor Kayla Moore and the grief that her family has endured as a result of her murder,” said Copwatch member Andrea Prichett. “Then we’re going to the police station, asking them to release the hold that they have placed on the coroner’s report … we’re asking BPD to correct that situation and let the public and the family have access to the report.”

There is currently a “press hold” placed on the release of the autopsy report by the BPD as the investigation is still ongoing. The coroner’s office is also still currently conducting their own investigation at this time, said Deputy Damon Wilson from the Alameda County Sheriff’s Office Coroner’s Bureau.

Maria Moore, Kayla’s sister, says the department mishandled the incident and that the officers lacked the necessary training to handle suspects with mental illnesses.

“(The incident) was handled horribly,” Maria said. “One of the neighbors said that (Kayla) was quiet and didn’t know why the police was called. The situation only escalated when the police came.”

According to Maria, the department has not been forthright with information about the investigation to the family, saying they had to reach out to BPD in order for someone to respond.

“We had to call them several times just to get a phone call back,” Maria said. “We may have to get a lawyer involved because they’re not producing any information.”

Maria also criticized the rate at which the investigation is being handled, saying that it has been two months without any word from the department. In an email, Officer Jennifer Coats, spokesperson for BPD, said that the investigation is going at its current rate because officers want it to be as thorough as possible.

The investigation involves detailed interviews with witnesses as well as a collection and analysis of all evidence, according to Coats.

“We understand the community’s concern over this incident and their desire to have as much information as possible,” Coats stated in the email. “This can take some time and we are committed to conducting a thorough investigation into this matter.”

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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At approximately 2 a.m., Berkeley Fire Department and Berkeley Police Department responded to a medical call at a home in the 1200 block of Dwight Way. Soon afterward, shots were fired from inside the residence, according to Officer Jennifer Coats, spokesperson for BPD.

“The officers were responding when BPD reported shots fired inside,” Coats stated in the email. “One of the firefighters was hit, and received a non-life threatening injury, that did not required hospitalization.”

BPD officers were able to make contact with the shooter, an 88-year-old man, who was then taken into custody and sent to a local hospital for a psychiatric evaluation. His name is currently being withheld.

“BPD works very closely with BFD and we are very grateful that the firefighter was not hurt more seriously,” Coats said in the email.

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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Residential burglary — 3000 block of King Street

On March 25 at approximately 2:16 p.m., a resident on the 3000 block of King Street reported a burglary of a rear storage unit. The unknown suspect entered by breaking one of the unit’s window. According to the victim, nothing appeared to have been taken.

Vandalism — 2700 block of Bancroft Way

On March 26 at approximately 2:15 a.m., an unknown suspect broke the window to a residential building on the 2700 block of Bancroft Way. The suspect used a brick to break the window.

Residential burglary — 900 block of Tulare Avenue

On March 27 between 2:30 p.m. and 8:30 p.m., a residential burglary occurred on the 900 block of Tulare Avenue. The unknown suspect entered the residence by prying a door. The suspect stole a computer and jewelry from the home.

Auto theft — 3100 block of Lewiston Avenue

On March 28 at approximately 9 a.m., a victim reported a vehicle stolen on the 3100 block of Lewiston Avenue. The victim parked the vehicle the night before on the city street. The victim went out in the morning and discovered the vehicle missing. Taken was a black 1998 Honda Civic. The vehicle was recovered on Northampton Avenue in Berkeley.

Possible arson — 1900 block of Shattuck Avenue

On March 29 at approximately 2:01 a.m., a BPD officer was on patrol and discovered a city of Berkeley trash can on fire on the 1900 block of Shattuck Avenue. Using a fire extinguisher, the officer put out the fire. Berkeley Fire Department arrived to assist and indicated the fire may not be accidental. The incident is still under investigation.

Narcotics violation — 2100 block of Fourth Street

On March 30 at approximately 11:20 p.m., a BPD officer on foot patrol on the 2100 block of Fourth Street noticed an individual hiding behind a vehicle smoking a substance. The officer investigated further and determined that the individual was smoking what was suspected to be methamphetamines. The subject was arrested for possession of drug paraphernalia.

Please note that these are Calls For Police Services only and are subject to review and reclassification. These CFS numbers only reflect part one crimes reported to BPD. The numbers reflected in the report are only a snapshot of what occurs in the city of Berkeley. The numbers are considered for informational purposes only and should not be used for data analysis or comparison to other agencies. Cases may be reclassified after further review of the incident by supervisors, investigating detectives or the district attorney as appropriate.

View Crime Blotter March. 25—30 in a larger map

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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At its meeting Tuesday night, City Council voted to extend hours of operation for businesses between Bancroft and Dwight ways to create Berkeley’s first 24-hour commercial zone.

“Students and people — particularly in their 20s or 30s — have schedules that aren’t rigidly 9-to-5, so we thought it’d be something very popular,” said Roland Peterson, executive director of the Telegraph Business Improvement District. “For Telegraph, this makes all the sense in the world.”

Currently, businesses that do not serve alcohol can stay open until midnight Sunday through Thursday and until 2 a.m. on Fridays and Saturdays — two hours later than those that do serve alcohol. Businesses that want later hours must apply for an Administrative Use Permit or Use Permit, which is often a lengthy process.

Under the new ordinance, businesses will no longer have to apply for individual permits to extend their closing hours.

Craig Becker, owner of Caffe Mediterraneum, received a permit in June 2011 to stay open for 24 hours. However, since then, the cafe has maintained its regular closing hours at midnight.

“If we had enough traffic, if we were able to build up a nighttime economy, that makes it worthwhile … we might consider extending our hours,” he said. “We hope that in the future, there’ll be more business.”

This idea has long been in the works and has been discussed widely over the last few years. In May 2010, City Council considered extending hours to 3 a.m. until the Telegraph Business Improvement District suggested a “24/7 zone” instead.

“It’ll encourage students to socialize together at different hours of the night and promote safety on Telegraph,” said ASUC External Affairs Vice President Shahryar Abbasi. “Telegraph needs to be revitalized and provide more options for students.”

However, Berkeley Police Department and the division of code enforcement have expressed concerns that extending hours could lead to “increased negative behavior.”

To address these concerns, the ordinance specifies that businesses that sell alcohol for off-site consumption will have to maintain closing hours at midnight, and many believe the noise level should not be an issue.

“This is new for Berkeley,” said Councilmember Gordon Wozniak. “It’s an experiment.”

Yet the vision for an energetic, late-night environment is just one factor in the city’s efforts to revitalize Telegraph Avenue and boost its economy — one that may take some time to live up to its full potential.

“It may take a few years for it to gain momentum and create a critical mass of businesses that are interested in (staying open 24/7),” said Councilmember Kriss Worthington. “(But) I think it’s worth trying out and seeing if it works.”

Daphne Chen is the lead city government reporter. Contact her at daphnechen@dailycal.org and follow her on Twitter @dchen_dc.

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During the meeting’s public comment section, community members urged the commission to find out details about the night, when a 41-year-old transgender person who was initially identified by police as Xavier Christopher Moore, died. The community members also inquired about the status of the coroner’s report.

When asked by Commission Chair Kiran Shenoy about whether the coroner’s report would be released, Berkeley Police Department Captain Cynthia Harris responded that the department was still waiting on it and that there were not any new developments regarding the investigation.

A man who identified himself simply as Nate interrupted the meeting several times to ask if any officers were placed on leave as a result of Moore’s death. He also claimed that Shenoy did not care about the incident.

“She was ugly and she was a drug addict, so she doesn’t matter … I really don’t think you care that someone is dead,” he said.

The Berkeley Police Review Commission is made up of nine members chosen by the City Council and mayor. It reviews the practices and procedures of BPD and investigates any complaints made by community members against the department.

According to a press release from Berkeley Police Department, the department received a disturbance call on the evening of Feb. 12. Responding officers were directed to Moore’s residence.

“(She) became increasingly agitated and uncooperative to the officer’s verbal commands and began to scream and violently resist,” according to a statement from the department. “After struggling with officers, they were able to gain control of the subject and place (her) in restraints.”

After being restrained to a gurney, officers discovered that Moore had stopped breathing and was later pronounced dead after being rushed to a local hospital.

Earlier in the week, a protest was held for Moore, with nearly 70 protesters who marched from People’s Park to BPD headquarters in Downtown Berkeley.

Andy Nguyen is the lead crime reporter. Contact him at anguyen@dailycal.org
and follow him on Twitter @Andy_Truc.

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Wielding banners and chanting slogans, protesters marched from People’s Park to the police station Downtown, face-to-face with police in riot gear. Though the protest was nonviolent, the crowd remained confrontational, calling for “vengeance for Kayla Moore,” among other loud chants.

Moore, a transgendered individual who identified as Kayla, was originally identified as Xavier Christopher Moore by Berkeley Police Department. Berkeley police had been called to detain Moore after responding to a disturbance call.

According to a statement from Berkeley Police Department, Moore “began to scream and violently resist,” later dying while under restraint.

Maxine Holt, who handed out fliers during the protest, said that she was participating partially because of local media coverage of Moore’s death, which she called “disrespectful.”

“I hope the cops release info about her death, that the coroner releases info and that the matter gets investigated,” Holt said.

Officer Jennifer Coats, spokesperson for Berkeley Police Department, stated on March 11 that an investigation is ongoing. The Alameda County Coroner’s Office has not yet released an official cause of death for Moore.

Berkeley resident Nate Pitts, who, like many attendees, arrived on his bicycle, said he was mostly at the protest out of curiosity.

“I wanted to find out more about these Anonymous Queers in Action … and show solidarity with the march,” Pitts said, referring to a Facebook post by a group called Anonymous Queers in Action calling for Tuesday’s protest.

Coats added that no arrests were made in connection with Tuesday’s protest.

Moore’s death is scheduled for discussion at a meeting of the city’s Police Review Commission Wednesday evening.

Gautham Thomas covers city government. Contact him at gthomas@dailycal.org and follow him on Twitter @gautham_t.

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The protest aims to be an “uncompromisingly militant march against the racist and transphobic Berkeley Police who murdered Kayla Moore,” according to a Facebook post published last Saturday.

“In the case of Kayla Moore, whether by neglect or intent the result is the same,” Anonymous Queers in Action wrote in the post. “Kayla Moore is dead. The Berkeley Police killed Kayla Moore.”

The group stated that it “know(s) police regularly murder people of color, gender-variant people, and people with ‘mental illness.’”

According to a press release from Berkeley Police Department, the department received a disturbance call on the evening of Feb. 12. Responding officers were directed to the residence of 41-year-old Xavier Christopher Moore, a transgender person with a history of mental health issues and who identified as Kayla Moore.

Moore became “increasingly agitated” and began to “violently resist” during contact, according to the release. While struggling to restrain Moore to a gurney, officers discovered she had stopped breathing. She was later pronounced deceased at a local hospital.

In an interview with the Oakland Tribune, Elysse Paige-Miller, Moore’s stepmother, said that Moore was known to the police. In prior situations, BPD would bring its mental health crisis team, which could calm Moore down, she said.

It is unclear whether there was such a team at the scene or if the extent of Moore’s distress was beyond what was described in press releases.

“We are committed to conducting a thorough investigation into this matter,” said Officer Jennifer Coats, spokesperson for BPD, in an email. “We understand the desire to have as much information about this incident as possible, but a thorough investigation does take time.”

In addition to Anonymous Queers in Action, other community groups have called for more transparency regarding the investigation.

“I think it’s great for folks to raise the question and to put pressure on BPD to provide information to the public when it comes to civilians’ deaths,” said Andrea Prichett, a founding member of Berkeley Copwatch, a volunteer organization dedicated to monitoring police actions. “I do believe the protest will raise some consciousness, and that’s a good thing.”

Prichett emphasized the need for an impartial investigation not conducted by BPD.

George Lippman, a member of the Coalition for a Safe Berkeley, another group that works to increase civilian oversight of the police, echoed Prichett, saying an “internal investigation by the police is not sufficient.”

“I will support any positive initiative that condemns unwanted killing of civilians by police, particularly on a basis of profiling or gender-based,” Lippman said. “Nothing I see about (the protest) contradicts that.”

The protest will commence at 6:30 p.m. at People’s Park. Moore’s family declined to comment for this article.

Contact Sophie Ho at sho@dailycal.org.

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The state of California is expected to see a $500 million cut due to sequestration in coming months, which will influence the scope of health, community services, law enforcement and education programs provided throughout the state and in Berkeley.

While the city has yet to receive precise details on the nature, timing and placement of the sequester’s cuts, city officials grimly anticipate the consequences for various social services.

“Our community in Berkeley, along with communities in California and across the nation, will feel the impact of sequestration,” said Councilmember Jesse Arreguin. “It’s really unfortunate that Congress did not try to find a solution. It is compromising our economy, resulting in loss of jobs and cuts to education.”

Arreguin noted that those reliant on the city’s social services, such as senior citizens, the disabled and low-income to working-class families, will be hit especially hard due to these cuts.

“I think it’s going to spread a lot of pain,” said Councilmember Kriss Worthington. “The different nonprofit organizations that get these grants are the safety net that provide extremely important programs to poor people. There will be pain spread around the city.”

The Housing and Community Services Department of Berkeley projected that an 8.2 percent decrease in federal funding would result in a $666,000 reduction in the next fiscal year. This will impact services including city staffing, funding for affordable housing development and rental subsidies for homeless clients. Health services, such as the senior citizen nutrition program and vaccinations for children, will also be impacted.

Statewide cuts to primary and secondary education and law enforcement grants will also impact the city’s public schools and safety services. The Berkeley Unified School District estimates an approximately $300,000 reduction for the 2013-14 fiscal year, according to Deputy Superintendent Javetta Cleveland.

Berkeley Police Department has recognized that it will be impacted and is currently evaluating data to understand the extent of the effects, according to Officer Jennifer Coats, spokesperson for BPD.

But due to the lack of specifics regarding how deeply city services will be impacted, the city currently remains unable to take any immediate action in response, according to Worthington and Arreguin.

However, Worthington expressed hope that Congress will come up with a solution before these cuts come into effect. At this point, the city is still looking at what is possible, such as lobbying in Washington, Worthington said.

“The sequester really will have a detrimental impact on Berkeley,” Arreguin said. “The longer this goes on, the worse the situation will become.”

Contact Sophie Ho at sho@dailycal.org.

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