GUN EVIDENCE

ATF NIBIN Lead — Smith & Wesson SD40VE .40 Caliber, Serial FZJ3685

Agency: Bureau of Alcohol, Tobacco, Firearms and Explosives / National Integrated Ballistic Information Network
Originating Agency: Chattanooga Police Department
Document Type: NIBIN Lead Notification
Date: June 11, 2020
Case Number: 20-052168TF
CPD Contact: S. Nichols #1105
NIBIN Exhibit: 31
Firearm Exhibit: 22
Firearm: Smith & Wesson SD40VE
Caliber: .40 caliber
Serial Number: FZJ3685
Related Case: CPD 20-031925 — Assault
Document Length: 5 pages

What This Report Shows

This five-page ATF National Integrated Ballistic Information Network report documents a presumptive NIBIN investigative lead involving ballistic evidence associated with Chattanooga Police Department Case 20-052168TF.

The NIBIN system identified a potential association between evidence connected to the Smith & Wesson SD40VE .40-caliber pistol, serial number FZJ3685, and cartridge-case evidence from an earlier Chattanooga assault investigation.

The notification expressly states that the lead:

had not yet been confirmed by microscopic comparison.

ATF advised that the potential association was significant enough to warrant investigative follow-up and that confirmation could be requested through a firearms laboratory examination.

Firearm Associated With the Lead

The report identifies:

Smith & Wesson SD40VE
Caliber: .40
Serial Number: FZJ3685
Firearm Exhibit: 22

This is the same Smith & Wesson SD40VE recorded in the CPD evidence inventory as Item 22, recovered from 6305 Stockton Drive.

The CPD inventory describes Item 22 as a Smith & Wesson SD40VE .40-caliber semiautomatic pistol with magazine, tactical light and 11 live rounds.

NIBIN Exhibit 31

The NIBIN record identifies Exhibit 31 under Case 20-052168TF as a:

.40 Smith & Wesson cartridge case

The report describes the category as:

“Crime Test Fire: Terminated.”

The occurrence date shown is May 29, 2020, with the evidence received June 10 and entered into NIBIN on June 11.

The report specifically associates Exhibit 31 with:

Firearm Exhibit 22 — Smith & Wesson SD40VE, FZJ3685.

Potential Link to Another Chattanooga Case

NIBIN identified a potential association with ballistic evidence from:

CPD Case 20-031925
Event Type: Assault
Occurrence Date: March 31, 2020
Exhibit: 1
Caliber: .40 Smith & Wesson

That earlier case involved .40-caliber cartridge-case evidence entered into NIBIN as crime evidence.

The report states that the earlier case contained eight .40-caliber cartridge cases described as consistent with one firearm.

Important Limitation — This Is Not a Confirmed Ballistic Match

The document must not be described as proving that the same firearm fired the cartridge cases in both cases.

ATF labels the result a:

“PRESUMPTIVE INVESTIGATIVE LEAD.”

The first page expressly explains that the association had not yet been confirmed by microscopic comparison.

ATF instructed investigators that confirmation could be obtained by submitting a laboratory examination request for NIBIN lead confirmation.

Therefore, the proper description is:

NIBIN detected a potential ballistic association requiring microscopic confirmation.

It is not, on the face of this report, a confirmed firearm identification.

Why This Document Matters

This document establishes that ballistic evidence associated with Smith & Wesson SD40VE serial FZJ3685 generated a NIBIN investigative lead to a separate March 31, 2020 Chattanooga assault case.

It also establishes that investigators were specifically advised that further laboratory examination was available to determine whether the presumptive NIBIN association could be scientifically confirmed.

The follow-up question is therefore important:

Was the requested microscopic comparison ever performed?

The complete firearms record should be examined for:

• a NIBIN confirmation examination;

• microscopic comparison worksheets;

• laboratory requests;

• firearm/toolmark reports;

• communications concerning Case 20-031925;

• and any final determination confirming or rejecting the NIBIN lead.

Case-Number Note

The NIBIN record uses:

20-052168TF

rather than simply 20-052168.

That number should be preserved exactly as shown in the ATF record and compared with the underlying CPD evidence inventory, firearms submissions and subsequent TBI or ATF reports.

Source-Identification Note

Although the discovery filename contains “Josh May NIBIN TF 31,” the visible ATF report itself identifies personnel including S. Nichols, Bacha, Caitlin M. Childers, Bruce V. Elliott and Richard Ruth Jr.

The filename alone should therefore not be used to identify Josh May as the author or examiner without an additional record establishing his role.