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Boy Choked Himself, Lawyer Says Mom Not to Blame
NBC Bay Area ^ | Wednesday, May 28, 2014 | Lisa Fernandez

Posted on 05/28/2014 5:11:22 PM PDT by nickcarraway

A private investigator hired by a mom accused of grabbing the throat of a 12-year-old boy she suspected of bullying her daughter has found that the accusation against the mother of six is "unfounded."

Delia Garcia-Bratcher, 30, was arrested on a felony charge of inflicting injury on a child after she was accused of choking the boy at Olivet Charter Elementary School in Santa Rosa on May 16.

But a private investigator's 7-page preliminary report, commissioned by her lawyer and obtained Wednesday by NBC Bay Area, says the boy choked himself and then blamed her for the red marks on his neck, which were photographed at school.

Garcia-Bratcher has yet to be formally charged.

Download: Olivet Charter Choking Report One 10-year-old child told hired investigator Mark Adams that he saw the fifth grade boy choke himself by the school water fountains and then point the finger at Garcia-Bratcher.

The boy imitated what he saw the 12-year-old do by placing "both thumbs together on the center of his neck with his palms facing upwards and grabbing his owns cheek bones," the report says. The boy said he told a teacher and a deputy, but he didn't think the deputy believed him.

Mom Accused of Choking Daughter's Alleged Bully Lauded as "Folk Hero" Garcia-Bratcher's attorney, Ben Adams, hired Whitestar Group Investigation and Security services to conduct the report, which he gave to the Sonoma County District Attorney on Tuesday.

Assistant District Attorney Christine Cook told NBC Bay Area on Wednesday she is reviewing the report. She added the sheriff's office is conducting further investigations, which her office will pre over before making a decision.

Cook decided at Garcia-Bratcher's first court date May 22 that she needed more time to sift through evidence, and she pushed the next court date to June 19.

As to what the alleged bullying was over, the Santa Rosa Press Democrat reported that Garcia-Bratcher said the boy called her daughter a "dirty Indian" and that she spoke to him about the name-calling. Adams told NBC Bay Area the boy used "racial slurs." The sheriff's office previously said that deputies have yet to find evidence of any bullying.

Adams previously said that Garcia-Bratcher, who has Native American ancestry, told the boy to stop behaving like a brat and to stop tormenting her daughter. But she "adamantly denies" ever having grabbed the fifth-grader by the throat, Adams previously told NBC Bay Area.

Adams has vigorously defended Garcia-Bratcher, saying she acted as any mother would. He even went called her a "folk hero" and "mother of the year."


TOPICS: Education; Local News
KEYWORDS: bullying; california; crime; garciabratcher

1 posted on 05/28/2014 5:11:22 PM PDT by nickcarraway
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To: nickcarraway

Witnesses heard her say, “Don’t pull my hand over there. Choke yourself, numbnuts!”


2 posted on 05/28/2014 5:17:10 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: tumblindice

Sounds like a line from That 70’s Show.


3 posted on 05/28/2014 5:28:08 PM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Farmer Dean

Close.’ The Brady Bunch.’


4 posted on 05/28/2014 5:29:26 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: tumblindice

Or Full Metal Jacket.


5 posted on 05/28/2014 5:36:08 PM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: tumblindice
The Donny and Marie Show.

Scouts Out! Cavalry Ho!

6 posted on 05/28/2014 5:42:03 PM PDT by wku man (We are the 53%! http://www.youtube.com/watch?v=YUXN0GDuLN4)
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To: wku man

Hilary to Bill on their wedding night?


7 posted on 05/28/2014 5:50:03 PM PDT by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: tumblindice

They used the word “numb nuts” on the Brady Brunch??


8 posted on 05/28/2014 5:52:31 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Farmer Dean

“Hilary to Bill on their wedding night?”

Speaking of great bedroom lines, last night on “Fargo”, Malvo is conversing/threatening one of his apparent erstwhile clients he suspects finked him out to some hit-men that tried to kill Malvo, and the “client” said, “I was married to a Korean woman one time [pause] she used to spit at me when we had sex.”

(I was married one time to a Korean woman ALMOST like that.)


9 posted on 05/28/2014 6:26:45 PM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: nickcarraway

10 posted on 05/28/2014 7:01:15 PM PDT by freedomson (Tagline comment removed by moderator)
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To: catnipman

Right up there with “may I sit, or would you rather kill me standing up”?


11 posted on 05/28/2014 7:13:39 PM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: nickcarraway

Sue the boy’s family.


12 posted on 05/28/2014 7:50:34 PM PDT by ExCTCitizen (I'm ExCTCitizen and I approve this reply. If it does offend Libs, I'm NOT sorry...)
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To: Farmer Dean

Like Billy Jack


13 posted on 05/28/2014 7:52:01 PM PDT by AppyPappy
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