TENNESSEE BUREAU OF INVESTIGATION INVESTIGATIVE …ftpcontent4.worldnow.com/wmctv/Bratcher5.pdf · The offi cers fired their weapons several times, striking the suspect, who later

This confidential document is the property of TBI.Its contents are not to be distributed outside of your agency.

IR #

(O) BRATCHER, JONATHON (LE) (LE) (LE)

This agent has attached news articles regarding this case.

Attached is Memphis Commercial Appeal and Fox 13 news articles

CB/jjf

Attachment: News – Memphis Commercial Appeal articleNews - Fox 13 article

TENNESSEE BUREAU OF INVESTIGATIONINVESTIGATIVE REPORT

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Author: Activity Date: 01/28/2016

Case Agent: Report Date: 02/08/2016

SAC/ASAC: Approved By:

Description: Newspaper Article - Commercial Appeal & Fox 13 New Articles emails

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From:Sent: Thursday, January 28, 2016 10:31 AMTo:Subject: FW: Commericial Appeal

From: Sent: Thursday, January 28, 2016 10:14 AM To: Subject: Commericial Appeal

http://www.commercialappeal.com/news/crime/memphis-police-officer-involved-in-shooting--2a556fa8-89a0-5791-e053-0100007f7b5e-366749321.html Home » News » Crime

Crime

Memphis officers shoot, kill man who allegedly fired on them

Document Seq: 50, Document Title: IR 32 Commercial Appeal Article Email.pdf

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Credit: Nikki Boertman/The Commercial Appeal January 27, 2016 - Memphis police investigate the scene of an officer-involved shooting near the intersection of Mississippi and South Parkway. By Jody Callahan of The Commercial Appeal Updated: Yesterday 9:32 p.m.

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Credit: Nikki Boertman January 27, 2016 — Memphis police investigate an officer-involved shooting near the intersection of Mississippi and South Parkway Wednesday afternoon. (Nikki Boertman/The Commercial Appeal)


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Credit: Nikki Boertman January 27, 2016 — Neighbors watch as police investigate an officer-involved shooting behind St. Andrew AME church. (Nikki Boertman/The Commercial Appeal)

Credit: Nikki Boertman January 27, 2016 — Police investigate an officer-involved shooting behind St. Andrew AME Church. (Nikki Boertman/The Commercial Appeal) Related Coverage

What went wrong with body cameras for Memphis police?

Two Memphis police officers shot and killed a man Wednesday afternoon after he apparently pointed a weapon at them and opened fire, officials said.

Neither officer was injured, according to Tennessee Bureau of Investigation spokesman Although officials would not identify the dead man, more than a half-dozen family and friends gathered there confirmed that he was Johnathan Bratcher, 32.

One officer was white and the other was black. The man who was killed was black.

The second man fled and police were searching for him late Wednesday.

In accord with an agreement that went into effect last year after the killing of Darrius Stewart, the TBI will be leading the investigation into the shooting. More than a dozen TBI agents were at the crime scene late into the night Wednesday and will be back there again Thursday morning.

The incident began a little before 3 p.m. when officers in two Memphis police cruisers attempted to stop a Chevy Impala for a traffic violation near Trezevant and Lowell, DeVine said.

However, the driver fled, heading west. The cruisers gave chase but eventually called off the pursuit, DeVine added. The Impala continued speeding away and, near the intersection of South Parkway and Mississippi, crashed into two cars.

"I looked in my passenger mirror and I see the car coming," said Elijah Mitchell, who was waiting at the light at South Parkway and Mississippi. "He was being chased by the police and he was trying to get around us. He hit the front of my car, fishtailed and then hit (the other car)."


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The Impala then jumped a curb in front of St. Andrew A.M.E. Church, at which point the two men inside tried to get away on foot, DeVine said.

The two Memphis officers — joined by an off-duty Shelby County Sheriff's Deputy who happened to be in the area — were still in the area and took off after the men on foot. That's when the incident turned deadly, DeVine said.

"One of the subjects at that point brandished a firearm and shot at the officers," he said. "The officers were coming under gunfire from one of the suspects. The officers fired their weapons several times, striking the suspect, who later died as a result of his injuries here at the scene."

The second man managed to get away, however, and police were still trying to identify him late Wednesday. The body of the dead man lay behind the church for several hours.

Family members, including people who identified themselves as brothers and sisters of the dead man, confirmed that his name was Bratcher. Most of those gathered declined to talk to media about him.

According to court records, Bratcher has a lengthy criminal history that includes charges of aggravated assault, aggravated robbery, theft and drug possession.

In 2008, he was charged with 13 counts of aggravated assault, vandalism and unlawful possession of a weapon. According to police, Bratcher and another man got into an argument. Bratcher then pointed a shotgun at him and blasted out two windows of his car. He later came back and fired at least four shots into the man's house, where at least 12 people were gathered. Court records indicate those charges may have later been dropped; it was unclear why.

In the immediate aftermath of Wednesday's shooting, dozens of people gathered in the area to see what was happening. The crowd grew throughout the evening, despite the cold temperatures.

Several times, some members of the crowd became unruly, yelling and cursing at officers. One man threw something at a police car, but then ran off as officers gathered. Family members also cursed at the police, accusing them of murdering Bratcher.

The shooting took place about half a block from the Circles of Success Learning Academy. About 30 minutes after the shooting, officials led children out of the building to meet their parents. Some parents arrived later and had difficulty getting to their kids because the center was behind the police line.

Although at least two Memphis police officers have been testing body cams, none of them were on the scene during the shooting Wednesday, officials said.

In a statement, Mayor Jim Strickland said, "I have been made aware of an officer-involved shooting today. However, TBI is the lead agency investigating. I am not at liberty to discuss the details of this case. This is a reminder of the dangers our officers face on a daily basis, even on something as routine as a traffic stop."

DeVine said that when the investigation is over, the information will be turned over to the district attorney to determine if any charges are filed. He also said that the TBI will not be releasing the names of the officers involved, but that instead will be left to Memphis police.


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Public Information Officer TENNESSEE BUREAU OF INVESTIGATION 901 R.S. Gass Blvd. Nashville, TN 37916 (615) 744-4066 [email protected] On Twitter: @TBI @TBInvestigation On Facebook: TBInvestigation


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From:Sent: Thursday, January 28, 2016 10:31 AMTo:Subject: FW: Story from family member. Sigh.

From: Sent: Thursday, January 28, 2016 10:24 AM To: Subject: Story from family member. Sigh.

Family members dispute TBI claims, say victim was handcuffed by: Lynnanne Nguyen Updated: Jan 27, 2016 - 9:47 PM

0

An African-American man was killed after shooting at officers Wednesday afternoon, according to the Tennessee Bureau of Investigation. Another man is still on the run.

The TBI said the two men refused to pull over during a traffic stop and later crashed their car. At that point, they got out to run and one of the suspects fire shots at the officers.

The police officers then returned fire, and a man was killed.

>> One dead, another on the run after officer-involved shooting

Family members of the dead suspect told FOX13 a very different story. The said he was in handcuffs when officers shot him.

“We think the street life took him,” the victim’s brother-in-law, Mario Duncan, said. “The people that are supposed to protect and serve took him. The police took him. That isn't right.”

Document Seq: 51, Document Title: IR 32 FOX13 Article Email.pdf

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Those family members said the shooting was the result of a traffic stop gone wrong.

“The driver didn't want to pull over,” Duncan said. “He jumped out and ran. He didn't jump out and shoot at anybody or any of that. He jumped out and he ran, that's it.”

>> Man who saw deadly shooting speaks with FOX13

They told FOX13 the man who died has a five-year-old son and another child on the way.

“He's detained right? I can't hurt you. The only thing I can do is kick and spit on you. Why do I need to be shot if I'm in handcuffs? I don't understand,” Duncan said.

As the TBI continues to investigate, several questions remain unanswered. And throughout it all, family members continue to claim the man the man was handcuffed when he was shot.

“When somebody in your neighborhood is supposed to protect and serve, they put you in handcuffs and shoot you,” Duncan said.

Family members said the shooting victim does have a criminal record, but they said none of the charges are “serious crimes.”

>> Why the TBI has taken over officer-involved shooting investigation

Still, the TBI and other witnesses dispute the way family said the shooting played out.

Public Information Officer TENNESSEE BUREAU OF INVESTIGATION 901 R.S. Gass Blvd. Nashville, TN 37916

@TBInvestigation On Facebook: TBInvestigation

Document Seq: 51, Document Title: IR 32 FOX13 Article Email.pdf

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On February 9, 2016, (LE) arrived at the TBI Memphis office to provide thisagent with a written statement regarding this case. (LE) reviewed and signed his typedstatement. (LE) also added (2) two written sentences to his typed statement.

Attachment: Copy of the signed statement.

MR/jjf


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Description: Interview - Written - (LE)

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Document Seq: 52, Document Title: IR 33 Written Statement - (LE) 02-09-2016.pdf

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On February 2, 2016, a written statement was taken from at the TBIOffice in Memphis by Special Agent in Charge was awitness to the interview. After proper identification and an explanation for the purpose of thisinterview, voluntarily provided the following information.

Q: Mr. how are you employed?A: I'm a uniformed patrolman at the Memphis Police Department. I'm assigned to the CrumpStation on Charlie shift (2:00 p.m. – 10:00 p.m.). My IBM number is I beganemployment with MPD in April 2008.

Q: Were you dispatched to the scene of a police shooting incident on 01/27/2016?A: Yes. I was dispatched to South Parkway and Mississippi Street for traffic control. I learnedshortly after being dispatched that there had been a police shooting incident in the area. Uponarrival with my partner IBM 13194 we found that traffic control was beinghandled but a large crowd was gathering around the immediate area of the crime scene. Uponarrival Officer and I stood guard around the inner perimeter being set up around thebody to keep everyone away from the area. Officer and I were both wearing MPDissued body cameras.

Approximately 20 minutes later we first heard and then observed a drone being flown from theparking lot of Homeboy Grocery at 888 Kerr Street, Memphis. The drone went approximately200-300 feet straight up in the air over the tree tops. It then flew directly above where the bodywas located behind the building off of South Parkway. It then flew to the area of the intersectionof South Parkway and Mississippi Street. It was flying high enough for me to tell where it wasgoing. It flew down and back up a couple of times at the intersection.

The drone then flew back to the location of the body. As I was having issues with crowd controlthe drone dropped to maybe 100 feet over the body. I was distracted by the crowd during thistime. The drone continued to stay in the area for a while. A few minutes later it flew back to theparking lot of Homeboy Grocery and I saw it dropping. I was able to see a male black holding acontroller land the drone near a large SUV.


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Description: Interview - Written -

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TBI – INVESTIGATIVE REPORT Case # : ME-5U-000001IR # : 34

I notified my supervisor Major and Colonel that the drone waslanding. The four of us went and made contact with the drone pilot. By the time we got over toHomeboy Grocery the man had already put the drone inside the SUV in the passenger seatbehind the driver's seat. Colonel and Major spoke with the male black wholanded the drone. The man would not provide his name or any information about the drone.

The man flying the drone and another male black who we heard called informed usthat we were being videotaped. We informed them that they were also being recorded withMPD body cameras. Colonel informed us to not let the man or " " leave thearea. About this time officers were informed on the Airways Primary radio channel to turn off allbody worn cameras and vehicle in car video per Lt. During this time I observedthe male black, who had been flying the drone, enter his vehicle and plug his cell phone intosome wires. I noticed that one of the wires led to the area where the drone was in the SUV. Ashort time later TBI investigators came to the scene and both male blacks were veryuncooperative with the TBI. The male black flying the drone would not give the TBI access tothe drone and would not identify himself or provide any information about the drone. I wasinstructed to start a tow to the SUV in order for the TBI to contain the drone considered to bepossible evidence. The male black continued to be uncooperative while we were waiting on thetow truck. When the tow truck arrived the male black then said he would open the SUV andallow the TBI access to the drone and the controller. When he opened the rear driver's sidepassenger door the TBI took possession of the drone and the controller. About that time themale black who had flown the drone said everything from the drone was going to "the cloud".Due to the phone possibly having downloaded data from the drone I was instructed to ask themale black for his cell phone. This was when officers overheard the man say his name was

. MPD officers collected the cell phone from and handed it to TBI agents.

After this the MPD officers and TBI investigators walked to the area of the inner perimeter wherethe body was located. It was about an hour after we had walked away from Homeboy Grocerythat Officer and I were directed to go to Crump Station and download our bodycameras to the MPD server which we did. I informed TBI investigator that wewere going to Crump Station to download our body cameras and provided her with our contactinformation. Lt. met us at Crump Station and viewed the officer's videos for content.

Q: Do you know if the male black had flown the drone over the area where the shooting incidentoccurred before you arrived or first saw the drone in the air?A: No sir.

Q: Is there anything you would like to add?A: Just that I asked Officer to accompany me to this interview. He was withme during the incident with the drone. I am his training officer.

Signed: Date: 02-02-16 Time: 04:06 PM

02/03/02016 1606 pmWitness – Office PD Date Time

Witness – SAC BI


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Attachment: Copy of the signed statement.

JS/jjf


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From information and observation the following descriptive data was noted:

NAME: SEX:RACE:DOB:SSN:TNDL:HOME ADDRESS:EMPLOYMENT: Memphis Police DepartmentCELL PHONE:

NAME: SEX:RACE:DOB:SSN:TNDL:HOME ADDRESS:EMPLOYMENT: Memphis Police DepartmentCELL PHONE:


IR # 34Page 4

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D nt Seq: 53, Document Title: IR 34 Written Statement - 02-2016

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Doc eq: 53, Document Title: IR 34 Written Statement - 02-2016

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Document Seq: 53, Document Title: IR 34 Written Statement - 02-2016

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On February 1, 2016, this agent asked ATF Resident Agent in Charge of the Memphis office, to run a firearms trace on the handgun (Springfield XD .40 cal #GM104895) that

was found next to (O) JONATHON BRATCHER. Agent Beavers provided the Firearms TraceSummary to this agent via email.

A copy of the ATF Firearms Trace Summary and Agent Beaver's email is attached as a relateditem.

CB/jjf


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Description: Document - Firearms Trace Summary-ATF

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DEPARTMENT OF JUSTICEBUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

NATIONAL TRACING CENTERPhone:(800) 788-7133 Fax:(800) 578-7223

Print Date: February 01, 2016

FIREARMS TRACE SUMMARYTrace Number: T20160030819 Request Date: February 01, 2016 Completion Date: February 01, 2016

MEMPHIS FIELD OFFICE 2600 THOUSAND OAKS BL STE 2300 MEMPHIS, TN 38118 PHONE: (901) 334-5600 Ext: FAX (901) 544-0329

Badge No: 4945 Investigation No: 776035-16-0001

PURCHASER INFORMATION Purchase Date: 05/05/2015

DOB:POB: Race: Height: 5 ft 11 in

Sex: Weight: 235 lbsID 1: TN DRIVER'S LICENSE: ID 2: :

Contact the local ATF office for additional information.

FIREARM INFORMATION

Manufacturer: HS PRODUCTS (IM METAL)Model: XD40

Caliber: 40Serial Number: GM104895

Type: PISTOLCountry: CROATIA

Importer: SPRINGFIELD INC (SI),GENES...

Obliterated:Identifying Marks:

NIBIN:Gang Name:

RECOVERY INFORMATION Recovery Date: 01/27/2016Time to Crime: 267 days

MEMPHIS, TNPossessor:DOB:POB:

DEALER INFORMATION FFL: 16274181CASH AMERICA PAWN OF MEMPHIS #22198 FRAYSER BLVDMEMPHIS, TN 38127-0000Phone: (901) 353-5066

Ext:Ship-To-Date: 02/20/2015

ADMINISTRATIVE INFORMATION

SUMMARY OF RESULTSTHIS FIREARM WAS TRACED TO A PURCHASER. FOR ANY QUESTIONS, PLEASE CONTACT ATF NATIONALTRACING CENTER, FIREARMS TRACING BRANCH AT 1-800-788-7133.Additional Remarks:THE BUYER INDICATED ON THE ATF FORM 4473 THAT HIS RACE IS "NOT HISPANIC OR LATINO".

1

The information in this report must be validated prior to use in any criminal proceedings.

Trace: T20160030819 Page 1 ofFOR OFFICIAL USE ONLY

Document Seq: 54, Document Title: IR 35 ATF Firearms Trace.pdf

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From:Sent: Monday, February 01, 2016 8:42 PMTo:Subject: Trace requestAttachments: null_ind.pdf; ATT00001.txt

*** This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email ‐ STS‐Security. *** Chuck, See attached. This firearm has a relatively low time to crime. https://www.atfonline.gov/etrace/trace_detail.do?id=T20160030819&firearmstrace_pdf=true

Document Seq: 55, Document Title: IR 35 ATF Firearms Trace Email.pdf

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On February 4, 2016, this agent contacted via cell phone in regards toa handgun that was registered in his name, but had been found with (O) JONATHONBRATCHER. An ATF Firearms Trace Summary (See IR# 35) revealed that the gun had beensold as a new firearm to on 05/05/2015.

advised that he had traded the gun to a co-worker, , just a short timeafter he had purchased the Springfield XD .40 cal. (# GM104895). While I was on the phone,

asked to speak to me regarding the handgun. A male subject,identifying himself as advised that he had sold the handgun to an unknown white malesubject at a gun show in Memphis. advised that it upset him that the handgun wasused in a crime, but stated that he was relieved that no "good guys" were injured. stated that he would attempt to obtain personal identification on future personal firearmstransactions.

CB/jjf


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Description: Interview - Oral -

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From information and observation the following descriptive data was noted:

NAME: SEX:RACE:DOB:SSN:TNDL:HOME ADDRESS:CELL PHONE:

NAME: SEX:RACE:DOB:SSN:TNDL:HOME ADDRESS:WORK PHONE:


IR # 36Page 2

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On February 3, 2016, this agent and Special Agent arrived at inMemphis in an attempt to locate in regards to this case. This agent needed toask follow-up questions to a previous interview (See IR# 19) and ask for consent to take a DNAsample from .

Upon arrival, we spoke with , 's mother, who advised that she did notknow where to find her son. However, stated that she would ask her son to contactthis agent. This agent provided with a business card containing his contactinformation.

As of 02/09/2016, this agent has not had any communication with .

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Description: Interview - Attempted -

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On February 3, 2016, this Agent received the TBI Official Latent Print and Forensic BiologyReports regarding the submitted Springfield XD .40 cal (# GM104895) and magazine. Theexamination failed to reveal the presence of any identifiable latent prints. Both items wereswabbed for future DNA testing.

A copy of the TBI Official Latent Print and Forensic Biology Reports are attached.

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Description: Lab Report - TBI

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Document Seq: 56, Document Title: IR 38 TBI Lab Reports.pdf

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Document Seq: 56, Document Title: IR 38 TBI Lab Reports.pdf

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On January 28, 2016, Special Agent in Charge obtained (O) JONATHONBRATCHER's fingerprint cards from the West Tennessee Regional Forensic Center.Investigator released the prints to SAC A printout of (O) BRATCHER'sSCSO WASP sheet was also included with the fingerprint cards.

A copy of the fingerprint cards, SCSO WASP sheet, and signed property sheet are attached.

CB/jjf


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Description: Document - Fingerprint Cards, West TN Regional Forensic

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Document Seq: 57, Document Title: IR 39 Prints 1(O) JONATHON BRATCHER .pdf

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Document Seq: 58, Document Title: IR 39 Prints 2 (O) JONATHON BRATCHER.pdf

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Document Seq: 59, Document Title: IR 39 ME Prints Receipt.pdf

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Document Seq: 60, Document Title: IR 39 Bratcher WASP.pdf

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Document Seq: 60, Document Title: IR 39 Bratcher WASP.pdf

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On January 28, 2016, this agent sent a copy of (O) JONATHON BRATCHER's fingerprintsobtained from the West Tennessee Regional Forensic Center (See IR# 39) to TBI's AFIS Unit inNashville via email to confirm his identity. TBI AFIS administrator, confirmed theprints were from (O) JONATHON BRATCHER.

A copy of the confirmation email is attached.

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Description: Document - Fingerprint Confirmation Email - TBI AFIS Unit

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From:Sent: Thursday, January 28, 2016 3:16 PMTo:Subject: RE: Fingerprint Cards and Contact Info

The set of fingerprints you sent are a match to TN SID FBI Johnathan Bratcher

AFIS Administrator Tennessee Bureau of Investigation

901 R.S. Gass Blvd

Nashville, TN 37216

615-744-4630 (Office)

615-744-4653 (fax)

From: Sent: Thursday, January 28, 2016 3:08 PM To: Subject: FW: Fingerprint Cards and Contact Info

Special Agent - CID Tennessee Bureau of Investigation 6325 Haley Road Memphis, TN 38134 (901) 379-3400 office

tn.gov

From: Sent: Thursday, January 28, 2016 3:05 PM To:

Document Seq: 61, Document Title: IR 40 AFIS Email Positive ID Bratcher.pdf

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Cc: Jeff Puckett Subject: Fwd: Fingerprint Cards and Contact Info

, Please request that due to the nature of this investigation that this identification be attempted today if at all possible. Thanks,

Sent from my iPhone Begin forwarded message:

From: < Date: January 28, 2016 at 3:00:36 PM CST To: "' " < Subject: Fingerprint Cards and Contact Info

*** This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email - STS-Security. ***

Let me know if you need anything else! Also, please let me know once you have confirmed his identity so that we can notate it as well. Thank you!

__________________________________________________ |Death Investigator and Anthropology Coordintator | West Tennessee Regional

Forensic Center UNIVERSITY OF TENNESSEE HEALTH SCIENCE CENTER 637 Poplar Avenue | Memphis, TN 38105 : 901-222-4600 | : 901-222-4628 |: l

Document Seq: 61, Document Title: IR 40 AFIS Email Positive ID Bratcher.pdf

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On February 4, 2016, this agent recovered all the evidence from the West Tennessee RegionalForensic Center regarding (O) JONATHON BRATCHER.

A copy of the signed property receipt listing all items recovered is attached as a related item.

CB/jjf


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Description: Recovery of Evidence - (O) JONATHON BRATCHER items - By: ; From:West TN Forenic Center

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Document Seq: 62, Document Title: IR 41 ME Office Receipt.pdf

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Document Seq: 62, Document Title: IR 41 ME Office Receipt.pdf

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On February 5, 2016, this agent submitted evidence collected from the West TennesseeRegional Forensic Center regarding items collected from (O) JONATHON BRATCHER'sautopsy. (4) Four items (ME-1 – ME-4) were submitted for examination. A blood spot wassubmitted from (O) BRATCHER to extract DNA to compare with previous items submitted in thiscase. The recovered GSR Kit was submitted for testing. The recovered bullet fragments wereto be compared to weapons previously submitted regarding this case.

For additional information, see attached Request for Examination.

CB/jjf


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Description: Request for Examination - TBI

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Document Seq: 63, Document Title: IR 42 Request for Exam (O) BRATCHER 2-5-2016.pdf

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On 01/27/16, Sgt. Shelby County Sheriff's Department, provided me with a DVDof the video footage from (LE) body camera. Additionally, he provided theoriginal SD card from (LE) camera. Sgt. reviewed the footage and informed methat it included the shooting incident and other unrelated events prior the shooting. Sgt. Landsigned a property receipt documenting the release of this evidence. On 02/09/16, I released theDVD and SD card to SA

For additional information, see the attached property receipt.

CLF/jjf


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Description: Recovery of Evidence - Shelby County Sheriff's Department Deputy BodyCamera Video 01/27/16

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Document Seq: 64, Document Title: IR 43 TBI Property Receipt 1-27-2016.pdf

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Documents

TENNESSEE BUREAU OF INVESTIGATION INVESTIGATIVE …ftpcontent4.worldnow.com/wmctv/Bratcher5.pdf · The offi cers fired their weapons several times, striking the suspect, who later