INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS LANGUAGE LEGAL Document 39-6 Filed 10/16/18 1 of 26 Page RECEIVED NYSCEF: SERVICES A division of ALS International Tc GphGñG (212) 766-4111 Toll Free (800) 788-0450 Telefax (212) 349-0964 wwwjéga lañÿuage.com 18 John Street Suite 300 New York, NY 10038 whom To This 2018 28, February it may concern: is to certify received 10/31/2019 that the office. by this attached This of transcription English is designated transcription audio is an accurate representation from the media as: 808528 1463688503338_POGLEASONPG George He attests Signat transcription, to the following: of my M. Notary and of Translation is fluent the knowledge, f George bsscribed No. Manager this "To the best document." Lisa the Alves, performed me this to before of New York 01GR6334361 filed Certificate Qualified in New in Queens Commission Expires Sincerely, Victor President J. Hertz & CEO certifies Services, North text is a true, York County County December 14, 2019 28th day of February that English American full Alves sworn State Multimedia standard accoropanying Griffith Public, in 2018. and and accurate Haylee Barnum, is qualified transcription who to transcribe. of the specified FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS Document LEGAL 39-6 LANGUAGE SERVICES OF TRANSCRIPTION DESIGNATED Filed AS: 1463688503338_pogleasonpg AUDIO 808528 10/16/18 INDEX NO. 154550/2017 2 of 26 Page RECEIVED NYSCEF: 10/31/2019 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1 John 1:17-cv-05184-RWS Natoli: Document Today's date 2 We're 3 second 4 Investigation 5 Kevin 39-6 Maloney: 6 is May present floor. [Kevin I'm time Present is Precinct Lieutenant with at [UI] Maloney] 15:13 hours. Station [John House , Force Natoli] me is... Force Investigation Division. John 8 Rosenthal: Sergeant Rosenthal. 9 Jackson: Detective Jackson. Q: Inspector Hart: John Natoli: 11 12 The North Division. Inspector 2016. 18th, Officer, Page 3 of 26 RECEIVED NYSCEF: 10/16/18 at Midtown 7 10 Filed For the Gleason: 13 14 Q: John 15 A: Daniel 16 A: Sean 17 A: Merritt 18 John Natoli: Servino: Marney: Natoli: Riley: FID. name, rank, Present with [Daniel Servino]. P.O. Sean P.O. [Merritt This interview #Zonel2016-20 20 official 21 you that 22 you by the please command? tax 4430, number Precinct. attorney. Midtown Riley] from concerns and are and number Shield [PVA] North the Investigation Force is being required investigating delegate. [PVA] digitally to answer officers Division recorded. It is my investigation. [department] you [tax], you is? [Marney] 19 shield, North you would identification, [Gleason]. Midtown 949037, North. FID. of voice officer Police Midtown C.O., Hart] purpose your state A: [John duty questions truthfully This is an to inform directed and case to the to best 10/31/2019 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS Document 1 of 2 of patrol 3 UM1: 4 John UM1: 7 Q: Natoli: John Natoli: 8 At 4 of 26 Page RECEIVED NYSCEF: 10/16/18 this pertinent the time, will 206-13 [guide] be read [UI] provision. be read 10/31/2019 [provisions] to you. do 206-13? And 10 Q: John Okay. 11 A: Gleason: Yes. 12 Q: John At Are this involved 14 Officer, 16 you understand patrol you 203-08 the guide provision of patrol guide 203-08? I was with satisfied your representation? I am. Yes, 13 Gleason: guide I do. Yes, Natoli: of patrol provisions to you. [Officer], Gleason: Natoli: pertinent the time, will A: A: At knowledge. this 9 15 Filed [UI] 5 6 you 39-6 you time, are present shooting. can tell you assigned There to the are us what [straight in as a witness no your allegations a police against assignment quarter] for was the you. today? Verizon strike Okay. What RMP Gleason: 4795. 4795, I believe. Q: John 4597? 20 A: Gleason: 4597. Yes, 21 Q: John Were you 22 A: Gleason: I was in uniform. 23 Q: John Who 17 Q: John 18 A: 19 Natoli: Natoli: Natoli: Natoli: was sir. were That's in uniform your you in? correct. or plain clothes? partner? 1 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS Document 39-6 1 A: Gleason: P.O. 2 Q: John Were you 3 A: Gleason: I was the 4 Q: John The RMP 5 A: Gleason: Yes sir. 6 Q: John Did there Natoli: Natoli: Natoli: [Peralta]. 7 responded 8 Avenue 9 A: Gleason: Yes. 10 Q: John Okay. 11 A: Gleason: Natoli: 13 John Natoli: 14 Q: Kevin 16 A: Gleason: Maloney: 18 Q: Kevin 19 A: Gleason: 20 Q: Kevin 21 A: Gleason: 22 Kevin 23 Q: UM2: Maloney: Maloney: Maloney: How did in time intersection you a group So you're of that? your during 49th of West tour where Street and you 8th come to that location? of protestors there for the [CWI]. You Verizon. at the intersection of 49 Street and 8th Okay. Where are the were southeast corner, sir. Southeast corner? were, On that protestors? they on the, they corner there. would be on the sir. big of a group Approximately 40 protestors. Where recorder RMP? a point come Okay. How or the is a marked for Yes Peralta. recorder. know, They 17 operator 10/31/2019 in Manhattan? Avenue. 15 the Page 5 of 26 RECEIVED NYSCEF: 10/16/18 officer Police to the There's 12 Filed is your would you say approximately? 40 protestors. Okay. RMP parked at this time? 2 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS Document 39-6 1 A: Gleason: It was parked 2 Q: UM2: Okay, it was 3 A: Gleason: The 4 Q: UM2: Okay. 5 A: Gleason: I was Food 7 northeast Q: John Natoli: 9 10 Okay. Gleason: And Sure, anything 12 who 13 Q: John 14 A: Gleason: Natoli: you that. that also time, 16 construction worker. At were John Natoli: 18 the the, that service 19 A: Gleason: Sergeant 20 Q: John He 21 A: Gleason: 22 John 23 Natoli: Natoli: Okay. incident street present present No like talking with Just to keep is your where of the these other any or enforcement them. And the guys order. partner the a telephone at the standing? protestors worker uniform were, [UI]. were, Like members a [to] scene? was at the with interacting them. there [Amundson] was Yes, of the side but street, their... where there's where, time, with over standing and Q: of the middle north were too. 15 17 in the you Just working, At He's standing? monitoring I spoke like were Okay. you to the said or just yeah, 11 sir. not closer corner. corner. protestors A: were I was 10/31/2019 a store? Yes where just northeast of Emporium. Page 6 of 26 RECEIVED NYSCEF: 10/16/18 the in front standing, probably 8 on the, And 6 Filed scene there. also? sir. And that at Food is, I'm to the referring Emporium. time prior to the so... 3 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1 Gleason: 2 Q: John 1:17-cv-05184-RWS Document 39-6 Natoli ...Your interaction 4 A: Gleason: Yes he is. 5 Q: John He's the else with Natoli: 6 7 A: Gleason: It's 8 Q: John Okay. 9 A: Gleason: 11 Q: Natoli: Maloney: Gleason: Kevin 16 A: Gleason: 17 Q: Kevin 18 A: Gleason: Maloney: Maloney: he's the Which It was a disorderly Were you and then hey, it was 21 over there. Were you to the scene? 23 service? There's nobody clothes? over came already on the to the scene? Did the radio day. radio? that it came [McNeil] over [there] of protestors because I picked the the assigned Lieutenant the the, for over group it up Sergeant transmissions? Sergeant also after the radio came job guys I picked Yes. brings strike Okay. 20 UM3: of the or plain any the job the, up, Q: what make 19 22 The scene? member in uniform know guys and Q: protestors. him? He's He's 14 15 the him. Do you you A: at the other only with the, Okay. 12 13 10/31/2019 Uniform. Natoli: Kevin just with present Sergeant's John 7 of 26 Page RECEIVED NYSCEF: 10/16/18 Yes. 3 10 Filed [49 8]. or? job, over called and the, so I picked me too it up to make sure scene at that time? and I was Or it said getting responding 4 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1:17-cv-05184-RWS Document 1 A: 2 UM3: Okay. 3 A: It was Gleason: Gleason: 4 5 I, I responded Q: John Natoli: Does attention out there is drawn came of roll it was the job, Page 8 of 26 RECEIVED NYSCEF: 10/16/18 the job got we got Alright. Filed after when originally 6 over. to the It was call. like Food like, when where your I 7:30. a point come 10/31/2019 in time Emporium, 810 specifically 8th 7 8 A: Gleason: Yes. 9 Q: John Okay. 10 A: Gleason: I did. 11 Q: John Okay. Natoli: Natoli: 12 Did enter you And Food who who, Emporium? your drew attention to the He's a worker Food Emporium? 13 A: 14 John 15 A: Gleason: Natoli: Gleason: I later The them. 17 and 18 Food John Natoli: 20 learned other And name was Larry. in there. Gleason: Yes. 22 John Tells 23 Gleason: he, were telling he walked were up having me, because to me and a dispute said I, I spoke the downstairs with employees in the Emporium. So when 21 workers a customer approaches Natoli: his Okay. 16 19 39-6 you he approaches you on the you, he leaves Food Emporium, he street. this. Yes. 5 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM Case NYSCEF DOC. NO. 89 1 Q: John 2 A: Gleason: 1:17-cv-05184-RWS Natoli: 39-6 then And Then 3 4 Document what I, I go Filed John Natoli: happens? down into Food Emporium. I, there's an like [Understood]. then And go through you the revolving door... 6 Gleason: 7 Q: John Through Natoli: 8 a revolving So you're in Food downstairs see when you you get as I'm 10 can the 11 screaming 12 I'll 13 at the workers that Okay. Those workers, sure if they're A: Gleason: 14 Q: John 15 A: Gleason: Natoli: hear I'm not were 17 mainly John 19 Q: Natoli: Kevin kill all him maybe yelling then And slurs, Stuff were down halfway yelling you". like Emporium. was perp of kind an escalator. what do out? racial like fucking 16 18 the, down door, I see as soon the I escalator, and screaming. like "fucking nigger, like that. Basically fuck you, and Screaming yelling downstairs. were they cashiers. cashiers? The gathered up, workers [dispute] Or? and you the perp know, at them. Okay. Maloney: 20 You're by yourself at this point when you're going [in the] store? 21 A: Gleason: 22 Q: Kevin 23 10/31/2019 escalator. 5 9 Page 9 of 26 RECEIVED NYSCEF: 10/16/18 Yes Maloney: sir. I was Okay. And at this point? by your myself. partner and the Sergeant, where were they 6 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: Gleason: 2 Q: Kevin 1:17-cv-05184-RWS Document Maloney: Okay. there's 4 back A: Gleason: 6 Q: Kevin A: Gleason: 9 Q: Kevin inside Maloney: Maloney: as you're here this Yes, yeah. Okay. How 12 [UI Gleason: with and he tells Do you store. the strikers. that you go with Larry - was 15 to go up. 17 the when that's escalator, you when the you off get the just individual, down were escalator describe that who there, and you make for scene was he yelling and then us. at, simultaneous]. There Maloney: down downstairs? people many he was Kevin the with the, 26 NYSCEF: 10/31/2019 store? dispute 14 Q: on the, to you up inside going So just 11 16 comes the And contact A: on the, a dispute 10 13 posted Page 10 of RECEIVED 10/16/18 Yes. 7 8 Filed So Larry 3 5 still They're 39-6 Okay. like maybe of backing kind I guess Are you on the workers And then he saw me. up. because still to six five escalator he got going on the down and him, escalator at this point? 18 A: Gleason: 19 Kevin 20 A: Maloney: Gleason: Yes sir. Okay. And then, 21 him. And 22 then he, 23 start trying so I got he, he just you off know, goes to talk the right to him. escalator he's out and I started the escalator going up the revolving doors I grabbed him. I even, following and and And I then 7 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1:17-cv-05184-RWS Document 1 we, 2 You 3 because 4 on the... 5 Q: Kevin 6 A: Gleason: Maloney: 39-6 we what know, ...On it out make now On the Filed Avenue. I'm on? going he turns north, up 8 just gives me like 9 fighting you know 11 like, 12 know, 13 go 14 "Really? 15 there, 16 backpack's 17 on 18 you 19 we with, "Fuck fuck a grin. I'll yourself, then and he, to me, northbound going start he turns like, gets squares off and into like he a on me like, to me. And he's like, "Fuck I was like, I was you're doing?". And to turn to leave, so his, is what the grab handle. the down he said, he's he's, And He handle has you like I pull and to the you at me and grinning stuff, you". right going same to me, him "What's like, like, he's if he is starts so I just I take know, the This exposed a backpack, like And kill is it? he's he's of nigger" you This And kind he says like, And to fight. like, he's doing?". like stance, 10 8th on are ground. you, like, from his a handle him And to, then scuffling. Okay. Your 21 know, you 22 anything 23 your Natoli: And the going sidewalk the What John doing? what's like, 26 NYSCEF: 10/31/2019 sidewalk? on? Q: I'm and you we're 7 20 there are 11 of Page RECEIVED 10/16/18 told other? training of this observations us what His he mental stated, state, individual but did anything, based you upon, you observe based upon experience. 8 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: 2 John 3 A: Gleason: Natoli: Gleason: 1:17-cv-05184-RWS Document Yeah. He's like, 5 saying 6 like, John 8 A: Gleason: 9 John Natoli: Natoli: he's "I'll John Any 12 A: Gleason: I can't 13 Q: John Okay. it's, at me is a, he's smiling you". he carrying then as far of signs in his anything hands? I start or drugs? so you him bring down to the and ground, happens? to get to, fighting with 17 civilian runs 18 he starts "1013" alcohol by sure. Alright, what as I know. intoxications for say 16 19 me and I mean, to me. saying the fists, Okay. Q: Gleason: kill of the balling No. 11 A: the he's to kill going was Initially Emptyhanded 15 26 NYSCEF: 10/31/2019 person. tension, things fucking Gleason: 14 the off, A: Natoli: disturbed the just, 10 Natoli: 12 of Page RECEIVED 10/16/18 Okay. squaring Q: Filed Emotionally 4 7 39-6 on to handcuff me and to, yelling "This and, hear and over, him 20 could 21 scuffling with the 22 handcuff him. And 23 Amundson gets then like he's Sergeant, cop needs perp for I believe there, "Do you I'm And to get him about he's just, like Samaritan, you when a and know, help" and I I'm just, to, I see a pocket help?" need he needs help, it's he, he's to Peralta, them. trying And a, a good like to yelling up him. to get a wrist to Sergeant knife, like a 9 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1:17-cv-05184-RWS Document 39-6 1 blade 2 know, 3 blade locked When you 4 Q: Kevin Maloney: 5 6 A: Gleason: 7 Q: Kevin 8 9 A: Gleason: 10 Q: Kevin Maloney: Were you I was over him. Okay. And this 12 simultaneous] A: Gleason: 14 Kevin Maloney: 15 16 A: Gleason: 17 Kevin 18 A: Maloney: Gleason: Do I'm not the... He pulls And 20 the 22 A: 23 Maloney: Gleason: the of his handle do you backpack, over I was the still conversation] standing. that who his simultaneous him? Samaritan know - [UI that gets is? involved Did you and [UI for calls - name? what his name is. pocket knife on the he's struggling, out, the blade. the boss ground, he pulls Okay. point. Kevin the by of him? So you're out 19 21 you sure Okay. have ground? standing help. To ground. on top you 11 13 him to the on the Are you taking, it locked. to have know, him see the, 26 NYSCEF: 10/31/2019 [out]. grab him He's Maloney: you folding, Page 13 of RECEIVED 10/16/18 I could and out, coming bring Filed he's back getting I'm not sure, up, so, and it became, is over I was really there at this focused on blade. Right. And I ended And I was up down on my, and on then my ass. I was now Peralta like, I fell back. is there. 10 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 Kevin 2 A: 1:17-cv-05184-RWS Maloney: Gleason: Document And the I'm 4 then 5 watching Q: Kevin Maloney: 7 8 A: Gleason: 9 Kevin Maloney: 10 A: Gleason: 11 Q: Kevin 12 A: Gleason: 13 Q: Kevin 14 A: Gleason: 15 Kevin 16 A: not Maloney: Gleason: 17 Kevin 19 A: Maloney: Gleason: really sure and he, Street or closer When I originally fall the I was he has to the over down hand after the on the is the ground, fell, in his knife and boss ground I'm not, first. But and I'm a knife. towards I would You're 49 closer perp towards 50 Street? closer to 49. be to his south. further. sir. closer You're to 49. closer He's to 50? Correct. Okay. I, I like And me. fell back. I really, I'm And I can't, not it was if I slipped sure all happening or if he really fast. Right. then But I see him charging 21 hand, on my, 22 the Maloney: 26 NYSCEF: 10/31/2019 Okay. starts Kevin 14 of Page RECEIVED 10/16/18 if he went I said, 20 23 with like you pushed 18 is up When Yes Maloney: perp I'm, I would, Maloney: Filed Okay. 3 6 39-6 and. here, get up with I don't and I'm, the know, you blade and because know, that's I got pretty cut sure when he on my it's from knife. Okay. 11 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: 1:17-cv-05184-RWS Gleason: Document 39-6 I don't And know 2 was 3 starts charging 4 don't know 5 Kevin 6 A: Maloney: Gleason: Q: Kevin 9 A: Gleason: Maloney: just he's with chest the then he, up high knife height or even he's if he and up I like like, he higher. screaming. him, charging Like just literally coherent? Nothing actual words. his screaming 11 Kevin 12 Q: Maloney: he had A: Gleason: 15 Q: Kevin Right Maloney: 16 head Any the it in his he have 14 Just like, "Ahhhhh". literally, Just like, off. Okay. When UM3: 13 to the knife, left best or his hand of your right did recollection, hand? hand. communication between you and or the Peralta sergeant? The only 18 they heard 19 He's got 20 really, 21 Peralta. 23 it, but saw remember Okay. No 10 22 if it's I can't know, 26 NYSCEF: 10/31/2019 yelling. 8 17 you like Peralta Page 15 of RECEIVED 10/16/18 what, I just it. waving And 7 Filed A: Q: Gleason: Kevin Maloney: Okay. heading I got thing to get out, me say it. I was a knife, he's got a knife". when it turned So now when you back down "He's like, it's just I don't and, say southbound And, into him that's really if know a fucking knife. what, it charging at Peralta, charging on got even at they're 8th 12 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: 1:17-cv-05184-RWS Gleason: Document 39-6 They're yes heading, Page 16 of RECEIVED 10/16/18 they're sir, 26 NYSCEF: 10/31/2019 on southbound heading 8th 2 3 Q: Kevin 4 A: Gleason: Maloney: So what Okay. He's the 6 and 7 start 8 for 9 know, I was 10 Peralta and 11 you 12 where. 13 and 14 backpedaling. 15 Kevin 16 A: Maloney: still he's know, So, out I, I wasn't, was, I'm trying he was you was at the, who charging the with the to gather and shot, myself and and hard really the knife you together, who's I And you what Peralta knife. up, Because, with put on I [work] it was know, perp know, chasing and shooting. I couldn't you up, I'm and So, myself I, I like, who looking as I say, then know, shooting, I'm getting Peralta keeps up, Okay. I'm thinking 18 I'm perceiving 19 because Maloney: and to figure 17 Kevin shots backpedaling. and Peralta? [towards] charging [working] screaming to hear [me] as he's Peralta's I'm and then Q: and ground, And Gleason: happens charging 5 20 Filed Okay. I actually, that Peralta's it. And I thought So the 21 Avenue 22 [alleviated]? and when 49 continues Street get firing so I, I just I might perp I finally and get I literally up, at him because jumped out like, that's of the how way shot. down that's to the when intersection he's, his threat of 8th is 13 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: 1:17-cv-05184-RWS Gleason: Document 39-6 there's been between even 3 bunch 4 I'm not, 5 but so, 6 shot. 7 firearm contemplating 8 hearing shots 9 Peralta. And of But shots. so I'm I got I'm And 11 construction was 12 shot] was effective Maloney: 14 15 A: Gleason: 16 Kevin 17 A: Maloney: Gleason: intersection. Okay. Prior or the sergeant I only remember Because like at that time. Okay. So after Maloney: 21 and perpetrator 22 A: Gleason: 23 Q: Kevin I thought just keeps on the street the cones. And shots their him stop firearm I'm drawing my I keep know, like I guess, you into all where the [the at him. charging did to get towards finally, fired, being going you by too. ground, I was charging backpedaled, in making on the because him, a I perceived, now stop might there I heard I'm now out seeing the 19 Kevin what 26 NYSCEF: 10/31/2019 see Peralta out? with Peralta a firearm. Okay. perp Q: and with it was to Peralta to these 10 shots. but fire guy He's 18 20 the finally, to I actually, and to and the I said, I don't, shots. because looking 17 of Page RECEIVED five ground, I dove up, ike like on the 10 Kevin a few because have Q: 10/16/18 So I dove, 2 13 Filed it, I had, view seemed [he] you goes take down I was, on focused cover, in the the I kept going shots looking towards at the Peralta stopped, intersection? Yes. Maloney: And what do you do at that point? 14 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 A: 2 Kevin 3 A: 1:17-cv-05184-RWS Gleason: Maloney: 4 Kevin 6 A: fell He Gleason: 5 Document Maloney: Gleason: He fell out what 8 boss, 9 actually 12 Gleason: 13 Q: Kevin Maloney: you Kevin [UI] far The knife 19 Gleason: 20 Q: Kevin from [In 22 [UI]? Gleason: not started I started that's or the I and to interview you it's, there arriving trying realizing people know... the so. do you, know knife, knife in his described do you, what he, fell, A it like, him? couple you to his relation] from A: then over went [units] and him, after was on when hands - [UI the guys in are simultaneous happened he fell, you to that after knife? he got shot, I guess, street. Okay. 21 23 Peralta And normal, you the I think Maloney: to figure trying I handcuffed and I believe job, struggle, Yeah, Maloney: know, Right. and 18 over and a normal conversation] 17 you I'm, happened. fired. went, 15 Gleason: and just know, shots the A: 26 NYSCEF: 10/31/2019 finally. up walked 14 16 hell the the like Maloney: face I, I got and I just when, Kevin his Page 18 of RECEIVED 10/16/18 Right. 7 11 onto Filed Okay. And 10 39-6 know. inches positioning, Approximately how far from would him, you say a few feet from his feet. 15 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 Kevin 2 A: Gleason: 3 Q: Kevin 4 A: Gleason: 5 Q: Kevin 6 A: Gleason: 1:17-cv-05184-RWS Maloney: Document that then And Maloney: Did your say I, so, any radio I actually go inside 9 down Maloney: Gleason: and, you and, guys of the one then And someone "There's 15 didn't even confirm 16 shot". I run up 17 I just A: Gleason: 20 21 Kevin 22 A: Maloney: Gleason: them, of the one names, start I here, "Stay I actually And of Where there's Emporium Food a lady went She's on the, of and 50 and over is she shot and at this yeah. shot and writing witnesses. I just she's, She's more "I said, On says, So I run Street". bystanders So I just, I went need a bus from bleeding her point? 50th on there's she's holding me and taps up there". up it, and up a woman 14 Maloney: here". to gather tell just know, comes out 19 transmissions? Okay. 13 Kevin radio Emporium Food people's "Officer, Q: makes transmissions? you to stay 12 18 partner make need A: you you 8 11 26 NYSCEF: 10/31/2019 Yes. witnesses Kevin Page 19 of RECEIVED 10/16/18 point. 7 10 Filed Okay. At Maloney: 39-6 saying, I over, for her a female wrist. So wrist. 50th on the Street? south, the southeast corner 8. Okay. Sitting, she's actually sitting on the curb at that point. 16 INDEX NO. 154550/2017 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 Q: Kevin 1:17-cv-05184-RWS Maloney: 2 A: Gleason: 4 Q: Kevin 5 A: Gleason: does She Maloney: she And her 7 Kevin 8 A: Gleason: 9 Q: Kevin Maloney: she's was make Page 20 of RECEIVED Filed 10/16/18 any statements? 10 What does 26 NYSCEF: 10/31/2019 she tell you A: 12 Kevin 13 A: Gleason: Do you 14 Kevin Maloney: 16 her Her wrist. hoping I'm Maybe it was is all. [UI] wrist? And I want I'm correct. to it was say not... recall who the her right. supervisor first who shows up [who was] on McNeil was the first. Okay. other than, first Q: I'm her? shot". is? Other Gleason: from be wrong. Lieutenant Maloney: I got from bleeding wrist. think Okay. scene 11 "I said, bleeding left I could Maloney: she said, She 6 17 And 39-6 happens? 3 15 Document than Sergeant Amundson, the supervisor. Okay. And did a conversation have [he] with Lieutenant McNeil? A: Gleason: Not 18 I said, 19 believe 20 in my 21 Bellevue. 22 Kevin 23 Gleason: Maloney: I just, really. "I really I fired ears and I gave don't my think gun". everything he asked him, so. No". And and then me if I fired I said, I told I, I got "I him in my gun. really don't I had ringing a, in a van to go to Okay. With Peralta. 17 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 INDEX NO. 154550/2017 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 21 of NYSCEF: 26 RECEIVED 10/31/2019 1 Q: Kevin Maloney: Did you get treated at… 2 A: Gleason: Bellevue. 3 Kevin Maloney: …At Bellevue. 4 Gleason: Yes sir. 5 Q: Kevin Maloney: Tinnitus. And what about, the… 6 A: Gleason: They gave me a tetanus shot for the cut. 7 Q: Kevin Maloney: Okay. The cut to your right hand? 8 A: Gleason: It’s my right hand, yes sir. 9 Q: UM4: You [have] some injury to your right knee [UI – 10 11 simultaneous conversation]? A: Gleason: My right knee, yeah. Because I, either when I was scuffling 12 with him or when I dove thinking I was, you know, a bullet 13 might hit me. 14 Q: Kevin Maloney: Abrasion to your… 15 A: Gleason: Yes. 16 Q: Kevin Maloney: …Right knee? 17 A: Gleason: Yes sir. 18 Kevin Maloney: Okay. 19 Q: UM4: Did crime scene photograph your injuries? 20 A: Gleason: The crime scene photographed everything. 21 Q: Kevin Maloney: After the shooting, does Officer Peralta or [the] Sergeant 22 23 have any conversation with you? A: Gleason: No. 18 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 22 of NYSCEF: 26 RECEIVED 10/31/2019 Q: Kevin Maloney: 2 3 INDEX NO. 154550/2017 Did they tell that, whether or not they fired or the fact that they did fire, or? [Do you] recall? A: Gleason: Well, I never talked to, I never got to talk to Sergeant 4 Amundson and me and Peralta were in the car together. 5 And I know, I know he, he didn’t have to state to me that 6 he fired. I, I observed him shoot the perp, so. 7 Q: Kevin Maloney: Okay. Well when you observe Peralta shoot the perp, what’s the position of the Sergeant at this point? 8 9 A: Gleason: So, I ended up, I was more on the corner on the… 10 John Hart: Street side. 11 A: Gleason: …On the street side. And then Sergeant Amundson was 12 closer to the actual store. To Food Emporium. And then 13 Peralta was further south backpedaling from the perp with 14 the knife. 15 Q: Kevin Maloney: The Sergeant’s on the sidewalk or he’s on the street? 16 A: Gleason: I remember the Sergeant being on the sidewalk. 17 Kevin Maloney: On the sidewalk. 18 Gleason: I believe so. 19 Q: Kevin Maloney: And when the Sergeant, could you just go back initially 20 when the Sergeant pulls up, where’s his RMP position? Do 21 you recall where he parks when he gets out of his car? 22 23 A: Gleason: The Sergeant had his, his RMP north of, of, on the northwest side of the street. 19 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 INDEX NO. 154550/2017 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 23 of NYSCEF: 26 RECEIVED 10/31/2019 1 John Hart: But he’s, he’s there before, before the scene [starts]. 2 A: Gleason: He was [UI] with us. 3 Q: Kevin Maloney: So he pulls up while you guys are on this job, walks over to you guys when you’re talking to the… 4 5 A: Gleason: 6 When I arrived, when we originally arrived for the protest, the boss was there. 7 Kevin Maloney: Okay. 8 A: Gleason: He was there already handling the job. 9 Kevin Maloney: I got you. Okay. 10 Q: John Natoli: The individual who you said was laying in the street after 11 Police Officer Peralta fired his weapon, did he make any 12 statements? 13 Gleason: The perp? 14 John Natoli: Yes. 15 A: Gleason: No. 16 John Natoli: Okay. 17 Q: Kevin Maloney: As far as the incident, any less than lethal devices used? 18 19 Mace, Taser, [UI]? A: Gleason: No. When I, when I was going down and I started hearing 20 him saying all the, everything I explained about the, you 21 know, the cursing and yelling… 22 Kevin Maloney: Right. 20 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 INDEX NO. 154550/2017 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 24 of NYSCEF: 26 RECEIVED 10/31/2019 A: Gleason: …I just, I took my mace out with my left hand and I had a 2 kind, you know, you know how you kind of keep it hidden 3 so it’s, you know. I just had it in my left hand and then I 4 don’t remember when I actually put it back. Because I put 5 it in my pocket. And I, I believe I put it in my pocket when 6 I decided I better take him to the ground, apprehend him. 7 So. 8 Kevin Maloney: Okay. 9 A: Gleason: But I, no I never, I never. There’s no like, in my mind of, 10 you know [UI] mace. It just wasn’t, everything unfolded 11 way too, he was just moving too fast. 12 Q: Kevin Maloney: store and he’s walking up and you take your mace out… 13 14 Okay. So, just so I get it right. When you come out of the A: Gleason: No. When I went inside the Food Emporium, I took the 15 mace out just to have it ready because he’s, I heard him 16 screaming and yelling. 17 Kevin Maloney: Okay. 18 A: Gleason: And I realized that, you know, it was a little more serious. 19 Because it, the way he was screaming down there, he was, 20 you know. And I heard the words, “I’ll fucking kill you” 21 and stuff like that, I said, “I better have this ready just in 22 case”. 23 Kevin Maloney: Okay. 21 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 INDEX NO. 154550/2017 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 25 of NYSCEF: 26 RECEIVED 10/31/2019 A: Gleason: At least to, to show him, “Hey I’ll pepper spray you”. But 2 then like I said, he would just [went up] and then that’s, I 3 didn’t actually get to confront him or talk to him until I got 4 out on the street with him. 5 Q: Kevin Maloney: 6 Okay. Now what point you, you put your mace in your pocket? 7 A: Gleason: I believe right before I threw him to the ground. 8 Q: Kevin Maloney: [UI] Okay. Alright. And you don’t have a Taser assigned to 9 you, right? 10 A: Gleason: No sir. 11 Q: Jackson: When you’re first sent to the Food Emporium, you were by 12 yourself? 13 A: Gleason: Yes. 14 Jackson: And then that’s when on your way down, he was on his 15 way up. 16 Gleason: Yes. 17 Q: Jackson: And when you was up, that’s when you said your partner 18 Peralta, he came? 19 A: Gleason: He came and so did the boss. So did Sergeant Amundson. 20 Jackson: Because they saw it was more serious… 21 Gleason: They saw me fighting with the. 22 FILED: NEW YORK COUNTY CLERK 10/31/2019 11:11 PM NYSCEF DOC. NO. Case 89 1 INDEX NO. 154550/2017 1:17-cv-05184-RWS Document 39-6 Filed 10/16/18 Page 26 of NYSCEF: 26 RECEIVED 10/31/2019 Q: Jackson: [Now] any point in time from the time you reached outside, 2 did you hear the [deceased] perp say any racial slurs 3 towards Peralta or the Sergeant? If you recall. 4 A: Gleason: No. I don’t remember him saying that. 5 Q: John Natoli: Do you have anything you wish to add that would aid in 6 this investigation? 7 A: Gleason: No sir. 8 John Natoli: Okay. Alright the time is 15:35 hours. This concludes the 9 interview. 23