interview with mesa cop mitchell brailsford

8/18/2019 Interview with Mesa Cop Mitchell Brailsford

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the - the west elevator.

INTERVIEW WITH MITCH

BRAilSFORD

Interviewer

: Det. Paul

Sipe

Case

20160180586

Page4

Okay,

so you and the

other officers that- that came up

to the

5th floor came

up the west elevator?

Yes.

Which

was the

elevator we just came up?

That's the elevator we just

came

up.

Okay,

once

on

this floor

what

happened?

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.

Okay, urn, what weapon did

you select

to use?

I was using

my

AR-15.

Okay and why did you

select

that?

Urn, it's, uh, it's primarily

used

for longer range,

urn,

weapons system.

Okay

and

is it safe

to say

that someone

with

rifle you would want

to

be farther

away

from

them?

Urn,

rifle

can be

used in

any

situation, urn,

we did

not know what kind of

weapons

the guy had in the room, so.

Okay,

but

did they

say

what type

of

gun it was on the

call?

Um,

I don't

remember.

Okay. Urn, once you got

up

here,

uh,

did you have assignments? Or how did

you proceed?

Urn, I • like I

said

I

out first

of the elev- first

out

of

the

elevator.

Urn,

then

because

I

had the

rifle,

urn, we had

quite a long distance

t 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

.Okay, urn, now

how

many, excuse me,

excuse

me,

how many, urn,

magazines

do

you carry for your

rifle?

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.

Okay, do you still have that magazine?

I don't.

Where did

it

go?

I

gave

that back to Officer

Doan) to give to,

uh,

Officer

Elmore).

Did

you

check that magazine to see

how

it was

loaded?

Um,

I

did

not.

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?

Um, Yes, 27.

Okay and how many were in your gun?

27.

Okay

and

that - so that would be one that would be

in

the chamber and then

26

in

the

magazine once it's loaded?

Once

it's

loaded yes.

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?

Yes.

Okay, um,

what

was

his

initial

attempt

at

making

contact?

Uh,

verbal commands.


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Okay? Did that

work?

Uh, no it did not.

Okay and what was the next attempt?

INTERVIEW WJTH MITCH BRAILSFORD

Interviewer: Del. Paul Sipe

Case

20160180586

Page 6

Um,

continued verbal

commands

again,

still

did not work.

Okay.

So

...

How many people were you -

do

you -

did you

~ w r you told were in the

room?

Urn,

just from

the call comments we understood

that

there was one

person,

um ...

Okay.

...once we

approached the room,

we

stood quietiy

for

a little bit

and we were

abie

to

hear

a distinct

female

voice and a distinct male voice.

Okay,

so

when

Sergeant Langley)

was

giving

his

commands.

He

gave

commands

to a female and a male?

Yes.

But he

found that out because he

could

the

voices

through the ...

Open

door.

Through the - was the

door

open?

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.

Okay, all

right,

so we came down

this

way?

Yes.

Correct?

Yeah.


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INTERVIEW WITH MITCH BRAILSFORD

Interviewer: Del.

Paul Sipe

Case

20160180586

Page

7

Okay.

Thank you. Once you reached

this

position here where

was

your-

where were you, urn,

stationed.

I

was,

uh,

stationed

right here, in front of 4.

Okay

were

you using the doorway

as cover

then?

Urn

...

The - the cutout for the doorway?

Uh, it - attempted to, there's not much

cover

just

because

of the fact it's

drywall.

t

wouldn't

stop

bullets.

Okay.

So it was more of a concealment I suppose.

Urn,

and once

the

phone call was made what happened?

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

..

What

-

what did

you think was

when

- I mean - i f

at the

moment that

you

heard that what was your impression?

At

the moment

r

heard it

my

impression as

that

someone was,

uh,

attempting

to

do something

in

a - in a quick rna - n 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.

Okay.

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 i f

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

normal

way

someone would set down

the

phone.

Uh-huh.

Urn ...

So wh-it was set

down

hard enough

to

where

you could

actually audibly hear

it?

Yep

I could audibly hear the phone hitting the receiver.

Okay

and

then what happened?

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

i

they could

understand

what he was saying,

um,

told

them to,

uh,

obey his

instructions.

Uh,

he

even asked them

i

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?

Yes.

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

th fact, urn, I didn't know if

he

suspect had a

gun

on

him.

I didn't know

she

had a gun on her.

So

you

could

see

him come across you vision.

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.

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,

t · 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


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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.

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?

Um, when

they

first came out of the

room?

Yes.

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.

Okay.

Urn,

he

came out and be was on the

right side,

urn ...

Which would be the south

side?

Which would be the south

side?

And

he was a couple steps

behind

her.

Now

when

he started,

uh,

crawling towards you

guys,

urn,

did

he

cal1

- crawl

straight towards you

or

did h because he's kind of positioned towards the

north

side

is that correct?

Yeah, that. ..

Did he crawl in

that position?

Urn, he did crawl...

Okay.

... from his hands and knees.

So

you

have more concealment when he's on the south side of the hall is that

correct?

Um, more

concealment?


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From

him?

From him yeah?

INTERVIEW

WITif

MITCH

BRAILSFORD

interviewer:

Det. Paul

Sipe

Case

20160180586

Page

11

And if he crawls

to

the north side does that eliminate some of your

concealment?

Yes.

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?

Urn ...

Do you think?

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.

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

elbow raised?

t

was like

he

was going to his waistline.

Okay

so his

elbow would-

had to

have been raised

at

that point?

Yes.

Had he

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

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.

Okay; urn

o

was the black item that's underneath

him do

you know what

that

is?

Urn

well looking at it right

now.

t looks like a purse.

Okay, do you- do

you

remember seeing that

at

all?

I don't remember seeing that.

Okay urn but it

so you

didn't

see

that prior

to me

pointing

it

out

to you?


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Um,no.

INTERVIEW

WITH

MITCH

BRAILSFORD

Interviewer:

DeL

Paul Sipe

Case

20160180586

Page 12

Okay. Is

it safe

to

say that the purse was there and you didn't

see

it at that-

that moment when he was

reaching

back?

Urn to be

completely

honest.

I don't

remember.

Okay

and he

could've

crawled

past

it.

Um.

So

i he's reaching back

it

could be towards something like that.

Right.

Okay. Okay.

I have no further questions do

you?

When

you fired your

weapon you are standing

or

kneeling?

Urn

I believe I was standing.

And

are

right handed or

left handed?

Right

handed.

Urn do have uh

scope or magnification

on the

rifle?

lt's

an

Aimpoint

from the range.

Okay no

magnification?

No.

Is it,

urn

uh

MPD rifle

or

is it your personal rifle?

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.

That's,

um your

Aimpoint or

the

range put

the?

Range

Aimpoint.

Okay

so

your

rifle their Aimpoint on?


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Ql:

585

Yeah.

INTERVIEW

WITH

MITCH BRAILSFORD

Interviewer:

Det. Paul Sipe

Case

20160180586

Page

13

Urn

and how long have you

had

the rifle

for?

Urn it's probably been

like

a year or more?

On

person or on?

On duty.

Okay.

I

bought

it at the

same

time I got into

the

rifle school.

Okay and

what

other fireanns do

you carry.

Urn

just a Glcok17.

That wasn't fired at all

during?

No.

Is

it a

40

caliber

or

a

45?

A9

A 9? Any other weapons

at all?

No.

No other secondary

or

anything like that?

No.

Did anyone

else fire

any other

weapons?

No.

Urn any other

less lethal options

that were used?

Uh none

used.

Urn as in deployed and none

deployed?

Yeah none deployed.


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Yeah none

deployed.

INTERVIEW WlTII

MITCH

BRAilSFORD

Interviewer:

Det. Paul Sipe

Case 20160180586

Page

14

Was there anyone designated

as, uh,

less

lethal?

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.

Okay.

And you

said

that when you were

coming

to the call it came out as a subject

with

a

gun.

Yes.

All right, urn,

but it didn't specify what

type

of gun?

I don't remember.

Okay so it could have been a handgun

could have

been rifle, it

could

be a

shotgun, it could be any

of

those

correct?

Right,

right.

Okay, urn, you also

said

that you

stood

up. Were you using the

optics?

I was

using the optics.

Okay. All right.

I heard you

said

it was - it was

busy tonight.

Do you remember the

call

or two

that

you had prior to coming here?

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.

Did

you

guys

make

an arrest on

that?

There

was an

arrest on

that.


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2:

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02:

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673 A:

674

675 2:

Any use of

force

at all or?

No use of force.

Any use

of force throughout the evening?

No.

INTERVIEW

WITH

MITCH BRAILSFORD

Interviewer: Det. Paul Sipe

Case 20160180586

Page 15

During your

shift, did

you arrest

anybody else during your shift?

Uh,no.

And

you're riding solo today or two unit?

Solo.

Solo. [n a

marked

vehicle?

Yes.

Okay.

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

other

questions?

Prior to doing the walkthrough you watched

the

video that

you

preserved on

your

camera correct?

Yes.

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?

Uh, just things I remembered.

The individual

on

the

audio

tape and the

video

recording that's

giving

commands, is that the Sergeant?

That's the Sergeant

Langley)

yes.

Did he give all the commands?

Yes he did.

He gave a specific

command

to

this

individual that's on-

on

the

floor here

not


13/123

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A:

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02:

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02:

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02:

Q:

to

put his hand

behind

his back.

Yes.

Did

you hear that?

Yes I did.

INTERVIEW WITII MITCH BRAILSFORD

Interviewer:

Det.

Paul Sipe

Case 20160180586

Page 16

Did

-

did you

hear what

the

Sergeant

told him would happen to him

if he

did

that?

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.

How did you

take that?

That?

Did that mean anything to you?

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

i

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.

Okay when you heard your

Sergeant say

that

did

that mean

anything

to you?

Um

it was just a - a simple warning to

this

fellow

not

to do that

again.

It

didn't draw a line

for

you though?

No .

I don't have anything

else.

Okay

anyone else.

Okay

thank

you.

The

transcript has

been reviewed with the audio

recording

submitted and it

is an accurate

transcription.

Signe

d


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interview with mesa cop mitchell brailsford

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