Q. Sergeant Reyes, would you tell us for the record how long you've been employed by the Department of Veterans Affairs and what other employment history you have prior thereto? A. I've been a member of the Police Service now for three years. Prior to that, I've been a member of the Department of Defense Police Department and museum protection officer with the Smithsonian Institution. Prior to that, I was in the United States Marine Corps. Q. Thank you. We have taken testimony from participants or witnesses to the incident involving Mr. Bryant, Officer Gomez and Officer Bartlett on August 29 2000, and we'll be asking some background questions of you a little later. To begin, we'd like for you to tell us in your own words how you came to be aware of a situation that had developed in front of the VA hospital located at 923 East 4th Street in Malden? A. I was in the chief's office and I heard a radio transmission calling for a 10-85, officer needing assistance, or requesting assistance. They described the location being a main entrance area flagpole. It's somewhat of a patio area in front of the building, and I responded. Q. I see. And were you the only person to respond? A. No. Q. Who else responded to the call? A. The Chief was behind me, Officer Bartlett apparently was all right there. There was another officer already there, Officer Jordan. Q. Officer Jordan was already there? A. He was already there. Q. Okay. And when you came upon the scene, what did you see? A. When I got out of the building, I noticed everybody was pointing towards the right side of that patio area, the flagpole area as we recognize it, and I saw two individuals, one on the floor and one standing over him grabbing him. I observed the one on the floor, I guess attempting to maneuver his way out. When I got closer, I realized that the gentleman on top, the individual on top was Officer Gomez, and the individual on the bottom was an elderly gentleman. Q. Now, you said when you first approached the scene, you saw a gentleman on the floor, and you saw someone standing over him. A. Yes. Q. Did Officer Gomez' position vis-a-vis Mr. Bryant change? A. I'm sorry? Q. You said he was standing over him. A. Yes. Q. Did he have any part of his hands, was he making contact with Mr. Bryant, who was on the ground? A. Yes. Q. Would you describe how Officer Gomez was making contact with Mr. Bryant? A. He had both hands on to the gentleman's jacket or sweater like. He had both hands, he was grabbing him. Q. And did you observe him shaking him or hitting him or battering him in any way or did he just have his hands on Mr. Bryant's jacket? A. He was holding him. Q. And was Mr. Bryant struggling in any way? A. Yes. Q. Would you say that he was resisting, possibly? A. With all due respect, I wouldn't really deem it resisting, due to the fact that he's already on the ground. Q. You said that Mr. Bryant was trying to get out of a situation. Would you say he was resisting? Was he kicking, was he flashing his arms, what was he doing? A. He was doing both. He was kicking and trying to-- Q. And the other person was over him? A. Yes. Q. So would you say he was resisting? If you as an officer was in that situation trying to place a person under arrest and the person was doing that to you, would he be resisting? A. It would be resisting if the individual is not heeding my verbal commands. Q. Did you hear any conversation or any words spoken either by Mr. Bryant or Officer Gomez at this time? A. It's been a while, with all due respect. It was somewhat of a shouting match. They were both shouting profanities at each other. Q. Where was Officer Bartlett at this time? If you can recall. A. I don't recall that. Q. So you recall Officer Gomez bending over Mr. Bryant, he has his hands on his jacket? A. Yes. Q. And they're shouting at each other, yes? A. Yes. Q. What happened next, as you recall? A. I approached both parties and I put my arms around Officer Gomez, and I had Officer Gomez and I was trying to pull him off. Q. Why? A. It was, well, for me it was just a matter of separating the two individuals. There was no precedent or anything of that matter. I just wanted to separate the two individuals. I just happened to be the first one to actually try to physically do it. I grabbed Officer Gomez, I kept telling him, "I got it, I got it, I got it," and I was pulling him off. Q. And when you say "I got it," forgive me, but what exactly did you mean? A. I'm basically trying to tell him that I'll take over from here. Q. I see. Okay, and were you a superior officer to Officer Gomez at this time? A. No, ma'am. Q. Is it common in the police that one officer replaces another officer in a situation? A. If it becomes somewhat personal, yes. Q. And in your opinion, then, the situation had become personal? A. Hearing profanity involved and things of that nature, it seemed that they were both being physical. Q. Did you ask Gomez what happened once you got them apart? A. No. Q. Isn't it common that when you come to another officer's assistance and there is a personal thing between that officer and that other party, to find out what's going on? A. Yes.