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.