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.

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The Alameda County Sheriff’s Office Coroner’s Bureau released its report in the investigation of the death of 41-year-old Kayla Moore Friday afternoon. The coroner’s report lists the cause of death as an “acute combined drug intoxication.”

Toxic amounts of methamphetamine and codeine were found in Moore’s blood, according to the report. It also noted that an enlarged heart and morbid obesity were contributing factors to her death.

In addition to the coroner’s office report, Berkeley Police Department released the findings of its own investigation into Moore’s death Friday afternoon. The report also concluded that the death was accidental.

In recent weeks, the department has faced criticism from community members as well as Moore’s family, who claimed that BPD had not been forthcoming with its investigation.

A press hold had been put on the coroner’s report since the beginning of the investigation, and groups like Berkeley Copwatch demanded that the hold be lifted and the report released. Demonstrations were held at a City Council meeting, and protesters marched to BPD headquarters calling for more transparency from the department.

“We understand there was a need to get information quicker, and there was a desire on our part that we provide all the information we could to the community,” said BPD spokesperson Jennifer Coats. “But at the same time, we wanted to make sure we did a proper and thorough investigation for Moore but also for Moore’s family, the community and the officers involved.”

The report goes into detail about what occurred on the night of Feb. 12 and includes witness statements and interviews with the responding officers. The report also includes a written statement by John Hayes, who lived with Moore at the Gaia Building apartment complex and was the one who called the police.

According to Hayes, Moore used drugs on a regular basis, including crack and methamphetamines. On the night of the incident, Hayes said Moore was drunk and high on methamphetamines, causing her to act belligerent.

“(Kayla) asked me for money to get more speed and alcohol, and I told him to go ask someone else and leave me alone,” Hayes said in the statement. “(Kayla) got really angry and wouldn’t leave me alone, we began and arguing and … (she) told me to just get out.”

Hayes left the apartment and called the police afterward, fearing Moore would attack him and saying that she had a history of aggression. He cited an incident in which Moore stabbed someone in San Francisco.

According to Coats, police were originally called in to take Moore, a diagnosed paranoid schizophrenic, to a mental health evaluation at Alta Bates Summit Medical Center. Officers discovered Moore had an arrest warrant out for an earlier incident in San Francisco and proceeded to arrest her instead. Moore got into an altercation with the officers and was eventually restrained to a gurney.

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

Officers soon discovered Moore had stopped breathing, and they performed CPR. Moore was rushed to the medical center, where she was pronounced dead.

Staff writer Sophie Ho contributed to this report. 

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

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According to the report, released Friday afternoon, the manner of death was accidental. The report also listed morbid obesity and cardiomegaly, or enlarged heart, as significant conditions in the investigation.

BPD’s own internal investigation was also released Friday afternoon, also finding that Moore’s death was accidental.

On Feb. 13, BPD officers responded to a disturbance call on the 2000 block of Allston Way and were directed to Moore’s apartment. Moore, who originally identified as Xavier Christopher Moore, became unresponsive while officers attempted to restrain her to a gurney. She was then transported to the Alta Bates Medical Center, where she was pronounced dead.

Moore’s death triggered substantial community response, including demonstrations at a City Council meeting and various protests, due to a perceived lack of transparency with regard to the investigation.

More updates to follow.

Contact Sophie Ho at newsdesk@dailycal.org.

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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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Approximately 70 individuals attended the event to remember Moore, a 41-year-old transgender Berkeley resident and a diagnosed paranoid schizophrenic who died in the custody of Berkeley Police Department on Feb. 12 after a disturbance call.

The memorial and protest began in the Gaia Building, where Moore lived, and featured an extensive cast of speakers, including friends, family, a City Council member and other community members.

“She was so brave to be herself,” said Maria Moore, Moore’s sister and a UC Berkeley graduate. “Kayla was such a fun person. She was a bubbly beach blonde inside a large male body. Kayla took care of other people before she would take care of herself.”

Along with honoring Kayla’s memory, many felt that the details of the investigation were taking too long to be released. Wednesday’s protest resulted in the protesters taping a Public Records Act request to the door of the BPD station in which they demanded that BPD release the coroner’s report.

BPD, however, has placed a “press hold” on the release of the autopsy report because the investigation remains open.

“The investigation is still ongoing,” said Officer Jennifer Coats, spokesperson for BPD. “Any investigation involving a death such as this includes thorough and detailed interviews with all witnesses and involved parties, the collection and analysis of all available evidence and preparation of appropriate reports.”

Councilmember Kriss Worthington, who knew Moore for almost 30 years, criticized the investigation for taking too long a time to release details.

“No family in the city of Berkeley should ever have to wait weeks or months to get a coroner’s report of the death of their family member,” Worthington said. “In hundreds of cities across California, you can get this information in days.”

Worthington added that Moore was dealing with so many issues that our society is not prepared to deal with. Family and community members alike voiced their desire to have police better trained to handle people with mental-health disabilities.

The coroner’s office is expected to conclude its investigation shortly, and BPD expects to release something in the “very near future,” according to Lt. David Frankel of BPD, though an exact date was not specified. Frankel added that this information is planned to be made available much sooner than in similar cases due to the high-profile nature of the case.

Another protest is planned for April 30, when the protesters will attempt to voice their concern to the city manager, to whom BPD reports, said Andrea Pritchett of the Berkeley Copwatch.

Contact Matt Trejo at mtrejo@dailycal.org.

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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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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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