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Home My WebLink AboutSLOPD 190529038 RedactedETE fTION O V Y 0 5 03 San Luie Obispo Police Department Police Report Case Number: 190529038 Case Type: Suepicious Description: Suspicious Peraon/Circumstance Address : 328 MARSH; CHEVRON; GRID J-10 Area : PNS Police Neighborhoo City:San Luis Obispo State: CA Zip: 93401 When Reported: 09:47 :24 OS/29/19 Occurred: Between 09:47 :24 OS/29/19 and 09 :47 :24 OS/29/19 Responsible Officer: Bravo, D MO: FELONY PC 69 Obstruct/Resist Executive Off ) MISDEMEANOR 11377 (a)Poss Controlled Substance Case File Names Detail ARRESTEE NAME: BRATT, GREGORY ALDWIN LOYDE Name Number: 291299 Race: W Sex: M DOB: 07/03/91 Height : 5 ' 08" Weight : 210 Hair: BRO Eyes: BRO Address : GENERAL DELIVERY, San Luis Obispo, CA 93401 Home Telephone: ( ) - Work Telephone: ( ) - Other Telephone(s) : ARREST Date: 09:47 :24 OS/29/19 Agency: San Luis Obiepo Police Type: 849 (b) PC Release Arresting Officer: Bravo, D Disp: 849 (b PC Release Location: 328 MARSH; CHEVRON; Judicial Age Status : A OFFENSE: Obstructing Justice Time/Date: 09 :47 :24 OS/29/19 Statute: Obstruct/Resist Executive Off Type: State Statute Class: Felony Court : Location: 328 MARSH; CHEVRON; Law: California State Statute OFFENSE: Controlled Substance/Possesson Time/Date: 09 :47 :24 OS/29/19 Statute: Poes Controlled Substance Type: State Statute Clase : Misdemeanor Court : Location: 328 MARSH; CHEVRON; Law: California State Statute WITNESSES: MAY 3 02019D San Luis Obispo Police Department Police Report Case Number: 190529038 NARRATIVE: OFFICER NAME & ZD NUMBER: Bravo #20008 ASSISTING OFFICERS: Officer Magar a was present during the arrest . ATTACHMENTS: photos of S/BRATT. Photos of my injuries (Officer Bravo) Photo of the meth. PC 649B form SUMMARY: S/BRATT was taken into custody for his warrant, PC 69, and H&S 11377 (a) . His left arm was broken and required surgery. He was cited and released for his warrant (190529064) at Sierra Vista Hospital and PC 849B for PC 69 and H&S 11377 (a) . Charges will be submitted to the SLO county DA. INCZDENT RECORDED ON BODY CAMERA Yea, bc #22 . DETAILS: On OS/29/2019 at about 0947 houra, i was dispatched to Chevron, 328 Marsh regarding a aubject whom matched the description of a recent felony theft that occurred at Chevron on OS/22/19. I was familiar with the theft as Officer Amaya had briefed me on the case on OS/23/19 . He showed me the video of the theft, and I immediately recognized he suspect as S/Gregory BRATT from prior contacts. For further, refer to Officer Amaya ' s report #190522026 On arrival, Z located S/Gregory BRATT on the east sidewalk of Higuera Street at Marsh. I asked S/BRATT about the theft, and he agreed to epeak with me. He was not detained at this time. Officer Maga?la arrived to assiet me. There were numerous backpacks around S/BRATT and a knife was protruding from one of the backpacks . For officer safety reasona, Officer Magarla moved the backpacks a few feet away from S/BRATT. S/BRATT told Officer Maga a, "you can' t search my bags . " Officer Maga la told him he was not searching Chem and was only moving them a few feet away. 2 had SLO Dispatch run S/BRATT for warrants and probation terma. A few seconds later, SLO Dispatch advised he had a local warrant for theft . San Luis Obispo Police Department Police Report Case Number: 190529038 I had SLO Dispatch confirm the warrant, which was confirmed. S/BRATT was sitting on a 2 feet tall concrete wall with plant brush behind the wall . I had him stand and place his hands on top of his head, and he began questioning why he was being placed under arrest . I informed him he had a local warrant. I grabbed a hold of both of hie hands with my left hand and used my right hand to place handcuffs onto his right wrist . As I touched his right wrist, he violently elbowed me in the stomach with his right elbow causing immediate pain. I immediately felt his etrength as he easily moved my left hand out his way. He is 5 ' 8, weighs about 220 pounds, and has a muscular build to him. i quickly put my left arm around his neck to take him onto the ground. At the same time, Z used my right hand to call for "CODE 3 Back. " We fell on the brush of plants and my knees kept hitting the concrete wall . I did not want to take any chances of him striking me while he was on his feet. My intent wae to hold him on the ground until other units could arrive to assist me. I could hear Officer Magana yell, "Give me your hands" several times but S/BRATT ignored all commands. i was also yelling for him to give us his hands, but he ignored all commands. I kept sinking into the plants which made it difficult to hold S/BRATT. He was trying to bzeak free from my grasp but I never released my grip. Z feared he would strike me or Officer Magana if Z released my grig. I could not see what Officer Magana was doing, but I could feel his body weight . My head was sinking under the brush which made it difficult to see and breath. I was concerned at [his point because I knew I was at a disadvantage; however, I never released my hold on S/BRATT. At no point did Z attempt to choke him or place the carotid hold. My intent was to hold him down until Officers arrived. I was able to gain my balance and turn S/BRATT'S body into the plant brush. I released my hold and quickly placed my hands on the back of his neck and upper back. I told Officer Magana to handcuff him because I had a solid hold on S/BRATT. Officer Magana was able to place handcuffs onto his wrists. S/BRATT began to yell his arm was broken. Officer Magana immediately called for "Code 3" medics to check S/BRATT'S arm. we uncuffed him and placed handcuffs onto the front to relieve pain in his arm. Sergeant Cudworth and Sergeant Booth arrived to aseist . I began to search a small bag and located a tube with a white crystalline substance. Based on my training and experience, I recognized this substance to be methamphetamine. It was a useable amount of inethamphetamine. The methamphetamine was later photographed and booked as evidence for this case. S/BRATT wae traneported to Sierra Vista Hospital for treatment . San Luis Obiepo Police Department Police Report Case Number: 190529038 Medical ataff took X-Raya of S/HRATT'S left elbow. A short time later, medical staff advised S/BRATT needed surgery to repair his left elbow. Z briefed Sergeant Booth regarding S/BRATT. Sergeant Booth told me to cite and release S/BRATT for his warrant and to PC 8498 him for the open charges (PC69 & H&S 11377 (a) . Sergeant Booth told me to send the charges to the SLO county dietrict attorney for filing. Later that day at about 1700 hours, I noticed both of my knees kept bothering me since the incident with S/BRATT. I lifted my pants above my knees anc noticed swelling to my left knee and bruising. I also noticed a bruise on my right knee. Refer to the attached photographs for further. EVIDENCE: 173568-3 photos of S/BRATT 173569-4 photos of injuries (Officer Bravo) 173571-5/SRATT'S red bike 173572-Backpacks belonging to S/BRATT 173573-Useable amount of inethamphetamine. 173574-5/Bratts $55.00 dollars 173581-Photo of ineth. CRIME CODE: PC 69- Felony H&S 11377 (a) e/w warrant DISPOSITION: Cleared by Arrest; Forward this report to the SLO county districc for filling against S/BRATT for PC 69 and H&S 11377 (a) . SUPERVISOR APPROVAL: J. Booth #18926 San Luis Obispo Police Department Police Report Case Number: 190529038 EVIDENCE INFORMATION: ZD Number:173573 Type : EVI Owner # : Item: Drug/Narcotics Color Last : erand:First : Model : Middle: Serial #:Description: useable amount of inethamphetam Local id Type Number ZD Number:173571 Type: SKF Owner q:291299 Item: Bicycle & Parts Color RED/ Last : BRATT Brand: Unk First : GREGORY Model : Middle: ALDWIN LOYDE Serial # :Description: Gregory Bratt 's red men' s bike Local id Type Number ID Number:173572 Type: SKF Owner # :291299 Item: Backpack Color Last: BRATT Brand:First : GREGORY Model : Middle: ALDWIN LOYDE Serial # :Description: S/BRATTs backpacks Local id Type Number ID Number:173574 Type: SKF Owner #:291299 Ztem: Money Color Last : BRATT Brand: united states First : GREGORY Model : Middle: ALDWIN LOYDE Serial # :Description: S/Bratt ' s 55$ booked Local id Type Number ID Number:173581 Type: EVI Owner #: Item: Digital Color Last : Brand:First : Model : Middle: Serial # :Description: photo of the meth Local id Type Number San Luis Obiepo Police Department Police Report Case Number: 190529038 ID Number:173569 Type: EVZ Owner #: Item: Digital Color Last : Brand:First : Model : Middle: Serial #:Description: officer Bravo injury PHOTOS Local id Type Number ID Number:173568 Type: EVI Owner #: Ztem: Digital Color Laet : Brand:First : Model : Middle: Serial q :Description: Photo of the S/BRATT Local id Type Number QDSl903S' F.- SAN LUIS OBISPO POLICE DEPARTMENT CERTIFICATE OF RELEASE As required by the provisions of Penal Code section 851.6, I hereby certify that the taking into custody of C E o B rT on os Z for the charge of G G 1 f N 1S / 377ft/and released on was a detention only, not an arrest. Pertinent portions of Penal Code 849, 849.5 and 851.6 appear on the bottom of this certificate. Signed _ ID# Z 000 8 Date OS 29 Penal Code section 849 provides, in part: a) When an arrest is made without a warrant by a peace o cer or private person, the person arrested, if not othervvise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the oftense is triable, and a complaint stating the charge against the arrested person shall be laid before such magistrate. b) Any peace oKcer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever: 1) He is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested. 2) The person arrested was arrested for intoxication only, and no further proceedings are desirable. 3) The person was arrested only for being under the influence of a narcotic, drug or restricted dangerous drug, and such person is delivered to a facility or hospital for treatment and no further proceedings are desirable. c) Any record of anest of a person released pursuant to paragraphs (1)and (3) of subdivision (b) shall include a record of release. Thereafter, such anest shall not be deemed an arcest, but a detention only. In any case which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arcest but a detention only. Penal Code 851.6 provides, in part: a) In any case in which a person is arrested and released pursuant to paragraph (1)or(3) of subdivision b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention. b) In any case in which a person is artested and released and no accusatory pleading is filed charging him with an oHense, the person shall be issued a certificate by the law enforcement agency which arrested him describing the arrest as a detention. F:\GROUPS DOCSNAisc Docs FortnsUnvestipative Fortns 869 PC Release.dx Y . •,. r a 1 , r:. I . r ' f ' 1y1 -I j y'i : '• r b l.s» :.. ,t f.t 6 y i a I lo5 qo38 OS/30/19 San Luis Obiepo Police Department 795 11 :52 Police Report Page: 1 SUPPLEMENTAL REPORT -I Case Number: 190529038 Case Type: Suepicious Description: Addresa: 328 MARSH; CHEVRON; GRID J-10 Area: PNS Police Neighborhoo City:San Luis Obispo State: CA Zip: 93401 When Reported: 09:47 :24 OS/29/19 Occurred: Between 09:47 :24 OS/29/19 and 09 :47 :24 OS/29/19 Responsible Officer: Bravo, D FELONY PC 69 Obetruct/Resist Executive Off ) MZSDEMEANOR 11377 (a) Pose Controlled Substance INVOLVEMENTS : Date Number Deacription Relationehip MAY 3 02019DA OS/30/19 San Luis Obiepo Police Department 795 11:52 Police Report Page : 2 SUPPLEMENTAL REPORT Case Number: 190529038 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 1 OFFICER M. MAGANA 60659 ASSZSTING OFFZCERS : OFFICER D. BRAVO, was the primary officer during the investigation. OFFICER C. MCCORNACK, arrived on scene after a Code 3 back was requested. SERGEANt J. BOOTH, arrived on scene after S/BRATT was arrested. ATTACHMENTS: None. INCIDENT CAPTURED ON BODY CAMERA: Yes. SUMMARY: S/BRATT was being placed under arrest for a Misdemeanor warrant . S/BRATT resisted arrest with Officer Bravo and me. S/BRATT continued resisting and suatained injury to his left arm during the incident . S/BRATT had a complaint of pain to his left arm and said it was broken. Medics were requested "Code 3" and S/BRATT was transported to Sierra Vista Hospital for his injuries. DETAILS: On 5/29/19 at approximately 0956 hours, Officer Bravo and I were dispatched to 328 Mareh (Chevron) in regards to a euspect of a recent theft being in front of the store. The related case number is 190522026 . The crime was for PC 487 (A) , grand theft . The suspect was described as a white male wearing a black eweatshirt, blue jeans and was pushing a red bike. Officer Bravo advised he was familiar with the case and knew the suspect to be S/BRATT. Dispatch advised the auspect was at the sculpture located at Marsh and Higuera. Officer Bravo arrived first on scene and I arrived shortly after. Officer Bravo contacted S/BRATT and identified him as the auspect from the grand theft . S/BRATT mentioned he took the signs but left them somewhere and they were taken by someone else. Officer Bravo asked S/BRATT to eit down on a brick ledge, and he did. The brick wall was approximately 2 feet tall . The wall was surrounding a planter area that had dirt filled into it about half way. The top half of the planter area was ehrubbery. S/BRATT was sitting next to several of his bags that were tied together. The one closest to him was open and I could see it was full of items. I could see the handle to a knife sticking out of one of the tied bags. I grabbed onto the handle of the knife and could feel it was readily accessible if it was pulled on. Z asked S/BRATT if it was a knife, and he told me it was a tool . I moved the bags a few feet away from S/BRATT for our safety and his . Z asked S/BRATT if he had any weapons on him. S/BRATT told me no but hesitated and said no" slowly as if he was thinking about it. S/BRATT began patting down his OS/30/19 San Luis Obispo Police Department 795 11 : 52 Police Report Page: 3 SUPPLEMENTAL REPORT Case Number: 190529038 pockets and reaching towarde his rear pocket as if he was checking for a knife or weapon. I told him to keep his hands out of his pockets, and he listened. Officer Bravo asked dispatch to check S/BRATT for wants and warrants. Dispatch confirmed S/BRATT had a local miademeanor warrant . Officer Bravo asked S/BRATT to put his hands on top of his head while he was seated on brick ledge. S/BRATT began standing up. Officer Hravo grabbed onto him and told him to remain seated and put his hands on his head. S/BRATT slowly put his hands on his head and began questioning us. Due to where S/BRATT was sitting, we were unable to get behind him to remain a position of advantage to handcuff him. Officer Bravo had S/BRATT etand up with his hand still on top of his head. S/BRATT began getting agitated and asking us why he was getting arrested and saying "what the fuck did I do" . Officer Bravo attempted to pu[ the handcuff on S/BRATT'S right wrist. As soon as the handcuff was about to be applied to his wriet, S/BRATT turned into Officer Bravo and it appeared S/BRATT elbowed Officer Bravo. S/BRATT pushed his body weight back towards me. I felt S/BRATT was trying to engage in a fight with Officer Bravo and me because he tensed his body, had a rigid muacle tone, clenched both of his fista while moving towards us. I grabbed onto S/BRATT'S left arm to try and get an arm bar control hold. Officer Bravo jumped on S/BRATT'S back and wrapped his arms around S/BRATT'S shoulder area. S/BRATT took a few steps with Officer Bravo on his back and I maintained a grip on S/BRATT'S left arm. S/BRATT'S left arm wae overpowering my control hold. I was holding hia left arm with both of my hande and S/BRATT was able to overpower me with juat his left arm. At this point Z could feel how strong S/BRATT was. S/BRATT was approximately 5 ' 09 and weighed over 200 pounds . S/BRATT wae overpowering both Officer Bravo and me. i attempted to take S/BRATT to the ground by doing a leg eweep. S/BRATT tried to stay etanding, but he slowly went down and landed in the shrubs with Officer Bravo on his back and me i front of him. Officer Bravo told S/BRATT to stop multiple times and I requested a "Code 3" back. S/BRATT tensed up and was pulling his left arm towards his front waistband while saying "fuck you homies. " I attempted again to put his left hand behind his back and S/BRETT was overpowering me and still reaching for his waistband. Based on of my training and experience, I know people can easily conceal weapons in their waistband and pockets. When Z firet contacted S/BRATT, I saw a knife in one of his bags and he seemed unsure when I asked him if he had any knifes or weapons on him. At this time it was unknown if S/BRATT had any weapons on him because he had not been patted down for weapons. I punched S/BRATT approximately two times in the area of his left ribcage to get his arm away from his waistband. S/HRATT put his arm down to block the area I punched him. I told him to put his arm behind his back, and he remained tense and continued pulling away from me. S/BRATT pushed me off of him with one hand OS/30/19 San Luis Obispo Police Department 795 11 : 52 Police Report Page: 4 SUPPLEMENTAL REPORT Case Number: 190529038 and began turning towards me with Officer &ravo still on his back. I kneed S/BRATT in the groin to keep him from facing me and trying to stand up. After I kneed S/BRATT he laid back down into the shrubs. I grabbed onto S/BRATT'S left arm and was able to get it behind his back and in an arm bar control hold. I told him to put his hands behind his back while applying more pressure to his arm slowly in attempt to gain his compliance. S/BRATT continued trying to pull his arm back down to try and get out of the arm bar control hold. I could hear Officer Bravo telling S/BRATT to put his hand behind his back. I continued applying more pressure to overcome his resistance while repeatedly telling him to put his hands behind his back. I heard a crunch sound while applying preseure to hie left arm. S/BRATT sat back up again and was still resisting while pulling his left arm towarde the front of his body. S/BRATT was saying his arm was broken. I regained control of his left arm again to get it behind his back. S/BRATT finally complied and put his arm behind his back due to the pain of his left arm. I placed S/BRATT in handcuffe. I requested medics respond "code 3" for a possible broken arm. Medics arrived on scene ehortly after and S/BRATT was transported to Sierra Vista Hospital . EVIDENCE: None. CRIME CODE: warrant, Misdemeanor. PC 69, Felony. DISPOSITION: Cleared by arrest . SUPERVISOR: J. Booth #18926 I ` 5 aq o 3 8 OS/30/19 San Luis Obispo Police Department 795 11: 54 Police Report Page: 1 SUPPLEMENTAL REPORTt'a Case Number: 190529038 Case Type: Suspicious Description: Address : 328 MARSH; CHEVRON; GRID J-10 Area : PNS Police Neighborhoo City:San Luis Obispo State: CA Zip: 93401 When Reported: 09:4'7 :24 OS/29/19 Occurred: Between 09:47 :24 OS/29/19 and 09 :47 :24 OS/29/19 Responsible Officer: Bravo, D FELONY PC 69 Obstruct/Resist Executive Off ) MISDEMEANOR 11377 (a) Pose Controlled Subetance INVOLVEMENTS: Date Number Description Relationship Witness ADDITIONAL PEOPLE Relationship: Witness MAY 3 02019DA OS/30/19 San Luis Obispo Police Department 795 11 : 54 Police Report Page: 2 SUPPLEMENTAL REPORT Case Number: 190529038 SUPPLEMENTAL NARRATIVES Supplemental Narrative: Seq: 2 OFFICER M. MAGANA 60659 SUPPLEMENTAL REPORT: 2 SUPPLEMENTAL INVOLVEMENTS: W/Nicholas KASARJIAN. ATTACHMENTS: None. INCIDENT CAPTURED ON BODY CAMERA: Yes. SUMMARY: I checked the surrounding area for video surveillance and obtained a statement from W/KASARJIAN. DETAILS: After S/BRATT was transported to Sierra Vista Hospital, I contacted employees at nearby businesses to see if they had video surveillance or anyone who witnessed Che incident . 328 Marsh (Chevron) has video surveillance but it does not cover the area where we contacted S/BRATT. It was out of view and a patrol vehicle was parked in front of us . Z contacted employees of Chevron and they did not notice anything happened until after more officers arrived on scene. Z contacted W/Nicholas KASARJIAN who works at Repair) . W/KASARJIAN cameras but they do not cover the area where we S/BRATT provided me with the following statement. STATEMENT OF W/Nicholas KASARJIAN: w/KASARJIAN saw acrose the street . Officers contacted S/BRATT and him. It looked like officers were trying to arresG S/BRATT and he started "resisting and fighting. " It looked like S/BRATT was wrestling with officers . W/KASARJIAN has seen S/BRATT in the past . S/BRATT always sits in front of Chevron and fighting by punching the air. W/KASARJZAN told me he has dealt with S/BRATT in the past and he is very aggreseive and tries to intimidate people. He hae heard him threaten to kill an employee at Chevron before. I did not locate anyone else in the area that witnessed the event . i did not locate any other video surveillance cameras in the area. EVZDENCE: None. CRIME CODE: Warrant, Miademeanor. PC 69, Felony. HS 11377 (a) Misdemeanor. OS/30/19 San Luis Obispo Police Department 795 11:54 Police Report Page: 3 SUPPLEMENTAL REPORT Case Number: 190529038 DISPOSITION: Cleared by arrest . SUPERVISOR: J. Booth #18926