Isle of Wight County Virginia USGenWeb Archives Obituaries.....Braswell, Joseph W., 1969 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ IW Man Killed In His Yard The Isle of Wight Sheriff's Department and state police are today continuing their investigation of the death of a 53-year-old man who was shot in his front yard Monday afternoon. Joe Wesley Braswell, an Isle of Wight farmer and a retired machinist, was killed near the driveway of his home on Va. 606 just after state ABC enforcement officers emerged from a nearby woods where they had searched for a liquor still. He received several gunshot wounds in his chest. Sheriff B.F. Dixon, who is heading the investigation, issued this statement: "The Commonwealth's attorney (Woodrow Crook of Smithfield) has said to give out the victim’s name and address and nothing else. The case is still under investigation." County Medical Examiner Dr. B.F. Jamison said Braswell had been shot several times in the chest area and that death must have been almost instantaneous from the gunshot wounds. He said the wounds came from some type of pistol. He ordered the body sent to the state crime lab in Norfolk for an autopsy and a report is expected today. A blood alcohol test and a paraffin test was ordered run on the victim by the investigating officers. Sheriff Dixon said no charges or arrest have been made. However, several state ABC officers were questioned extensively after the shooting and statements were obtained. Braswell was a member of the Men's Bible Class of Antioch Christian. He was the husband of Mrs. Cora Lee Odey Braswell and son of the late Stephenson [sic; Stephen*] Joseph and Mrs. Ballie Butler Braswell. Besides his widow, surviving are three sisters, Mrs. Nellie Dickerson of Suffolk, Mrs . Henry J. Whitley of Windsor, and Mrs. W.E. Williams of Franklin. A funeral service will be conducted Wednesday at 3:30 p.m. in I.O. Hill & Co. Funeral Home, Suffolk, by the Rev. Robert Squire. Burial will be in Antioch Christian Church Cemetery. ****************************************************************************** 3 Agencies Probe IW Shooting Death ISLE OF WIGHT (AP) -- A three-pronged investigation is underway in the shooting death Monday of an Isle of Wight man by two agents investigating a still. Authorities identified the victim as Joe Wesley Braswell, 53, who lived near where the still was found just off Virginia 606. The two agents were identified as federal agent Samuel R. Gemmill of Newport News and state ABC agent Charles T. Milner of Norfolk. Authorities said the pair were investigating the still when they heard gunshots and found Braswell standing with a gun in his hand. After Braswell admitted he had done the shooting, the authorities said, the agents told him they were arresting him on a charge of interfering with the performance of their duties. At this, the authorities said, Braswell raised his gun and pointed it at the two agents, who drew their own guns and fired. An investigation is being conducted by federal, state and local authorities. ****************************************************************************** Investigation Of Shooting Continues Joseph Wesley Braswell, 53, of late of Wight County, was shot to death in his front yard on Monday afternoon. Braswell was shot near where state ABC enforcement officers had been searching for a liquor still. Braswell is reported to have received several gunshot wounds in his chest. He was pronounced dead by County Medical Examiner Dr. B.F. Jamison who ordered the body sent to the state crime lab in Norfolk for autopsy. Dr. Jamison said Braswell, who resided on Virginia Route 606 about three miles east of Windsor, had been shot several times in the chest area and that death must have been almost instantaneous from the gunshot wounds. He said the wounds came from some type of pistol. Sheriff B.F. Dixon, when questioned, said "The Commonwealth's attorney has said to give out the victim's name and address and nothing else. The case is still under investigation." Dixon said several State ABC officers were questioned extensively in his office following the shooting and statements were obtained. H. Woodrow Crook, Jr., Commonwealth's attorney, said late Tuesday night that all parties had not been questioned and no further statement could be made until the investigation has been completed. ****************************************************************************** JOE WESLEY BRASWELL Funeral services for Joe Wesley Braswell, who died Monday, were conducted at 3:30 p.m. Wednesday at I.O. Hill and Co. Funeral Home by the Rev. Robert Squires. Burial was in Antioch Christian Church Cemetery. Pallbearers were J.H. Godwin, H.E. Pierce, C.R. Clements, Charles Braswell, Coston Cobb, John Cobb, Charlie Duck and Robert Umphlett. ****************************************************************************** Hearing For Agents Set Sept. 30 A preliminary hearing for two revenue agents, one state and one federal, charged with murder Friday in the fatal shooting of Joseph W. Braswell, is set for 10 a.m. Sept. 30 in Isle of Wight County Court. Charged are Charles T. Milner, 34, of Norfolk, an investigator in the Enforcement Division of the State ABC Board, and Samuel R. Gemmill, 42, of Newport News, a federal liquor law enforcement agent. Both were released on their own recognizance. Braswell, 53, is a former employee of the Thomas J. Lipton, Inc. tea plant in Suffolk. An autopsy showed Braswell died instantly Monday when struck by three bullets in his front yard off Route 606, three miles west of Windsor. His heart and both lungs were penetrated. Federal authorities issued a statement the next day that state and federal agents were searching a woods across from the Braswell home for an illegal whisky still Monday afternoon. When the agents were fired on, the statement read, two of them left the woods and discovered Braswell standing in his yard with a pistol. Federal authorities said that the agents told Braswell he was under arrest, and that when he pointed the pistol at them they fired. Braswell Killed The Isle of Wight Sheriff's Department and state police are today continuing their investigation of the death of a 53-year-old man who was shot in his front yard Monday afternoon. Joe Wesley Braswell, an Isle of Wight farmer and a retired machinist, was killed near the driveway of his home on Va. 606 just after state ABC enforcement officers emerged from a nearby woods where they had searched for a liquor still. He received several gunshot wounds in his chest. Sheriff B.F. Dixon, who is heading the investigation, issued this statement: "The Commonwealth's Attorney (Woodrow Crook of Smithfield) has said to give out the victim's name and address and nothing else. The case is still under investigation." County Medical Examiner Dr. B.F. Jamison said Braswell had been shot several times in the chest area and that death must have been almost instantaneous from the gunshot wounds. He said the wounds came from some type of pistol. He ordered the body sent to the state crime lab in Norfolk for an autopsy and a report is expected today. ****************************************************************************** Two Officers Charged in Fatal Shooting of Windsor Man Sept. 15 S.R. Gemmill of Newport News, and Charles Thomas Milner of Hampton, have been charged with murder in connection with the fatal shooting of Joseph Wesley Braswell of Windsor on Monday, September 15. According to H. Woodrow Crook Jr. , Commonwealth's Attorney, the two men were charged on Friday of last week and preliminary hearings are scheduled for September 30 in the Isle of Wight County Court. Gemmill is an investigator with the Alcohol, Tobacco and Firearms Division of the U.S. Treasury Department. Milner is an investigator with the State Alcoholic Beverage Control Board. Braswell was allegedly shot in his front yard near a site where officers had been searching for an illegal whiskey still. The two officers were released on their own recognizance, Mr. Crook said, pending the hearing on Sept. 30. He said signed statements had been secured from the victims wife as well as the two officers. ****************************************************************************** Agents' Trial in IW Continued to Oct. 23 The trial of a federal liquor enforcement agent and a state ABC agent charged with the murder of an Isle of Wight County man was continued this morning until 10 a.m. Oct. 23. The two men, Samuel R. Gemmill, 42, a federal agent, and Charles T. Milner, 34, a state agent, are charged with shooting Joe W. Braswell, 53, in his front yard near Windsor on Sept. 15. According to federal authorities, the two agents were searching for an illegal whisky still in woods off Route 606 when they were shot at. When they attempted to arrest Braswell, authorities said, he pointed a pistol at them and they killed him. An autopsy showed Braswell died instantly when struck by the agents' three bullets. Milner and Gemmill are free on their own recognizance at the recommendation of Isle of Wight County Commonwealth's Attorney H. Woodrow Crook Jr. ****************************************************************************** Hearing Continued Preliminary hearing for S.R. Gemmill of Newport News and Charles Thomas Milner of Hampton was continued until October 23 at request of council for the defendants. The two men were charged with murder after the fatal shooting of Joseph Wesley Braswell of Windsor on Monday, September 15. ****************************************************************************** Agents' Trial Continued The trial of a federal liquor enforcement agent and a state ABC agent charged with the murder of an Isle of Wight County man was continued this morning until 10 a.m. Oct. 23. The two men, Samuel R. Gemmill, 42, a federal agent, and Charles T. Milner, 34, a state agent, are charged with shooting Joe W. Braswell, 53, in his front yard near Windsor on Sept. 15. ****************************************************************************** 2 Agents Acquitted In Shooting ISLE OF WIGHT (AP) - Murder charges against two liquor law enforcement agents have been dismissed by Isle of Wight County Court Judge Robert B. Edwards on grounds they shot a retired county farmer in self defense. Federal agent Samuel R. Gemmill, 42, of Newport News, and Virginia agent Charles T. Milner, 34, of Norfolk, had been accused in the Sept. 15 fatal shooting of Joseph "Jack" W. Braswell, 53. Testimony at Thursday's preliminary hearing before Edwards was that Braswell, a former tea plant worker, was struck by three bullets in the yard of his home while holding a .22-caliber pistol. Both Gemmill and Milner submitted written statements that they shot Braswell when he pointed the pistol at them and appeared about to fire. The pistol's six cartridges already had been fired. The agents said they approached the Braswell home after Braswell had fired into a woods in which they had looked - but had not found - an illegal still. Braswell's wife testified he fired into the woods because he became nervous at the barking of their dogs. She said her husband "wouldn't hurt nobody." ****************************************************************************** Murder Charge Dismissed Against ABC Officers Charges of murder against S.R. Gemmill and C.T. Milner, ABC Officers, were dismissed after preliminary hearings Tuesday, October 23, in Isle of Wight County Court. The two men were charged with the unlawful and felonious killing and murder of one Joseph W. Braswell. Called as first witness was Trooper Harver, who related his investigation of the murder. He began, "On this date I received a call from state police in Norfolk to go the the Braswell home. At the time that I arrived, the victim was lying in the front yard of the house and as I got to the victim, he was being examined by Dr. Jamison, medical examiner." He went on to say, "I arrived at the scene at approximately 4:25 p.m." Harver continued that after examining the scene, victim and taking photographs "I came back to the Sheriff's Office at Isle of Wight. At that time, I contacted Mr. Gemmill and Mr. Milner and I talked with them at the Sheriff's Office. Sheriff Dixon was there and we took statements from each of these at that time." He explained that neither were in each other's presence at the time the statements were taken. Harver was then asked to read the statement of Gemmill as to the sequence of events. In his statement, Gemmill told Harver he had been asked to assist in the investigation of an illegal whiskey still close to the Braswell residence. Gemmill along with Milner and Roach searched the woods, finding evidence of where the still had been located and several well-worn paths. While searching the woods across from the house, several shots were fired into the woods. Gemmill stated he called to Mr. Braswell telling him he was a police officer and showed his badge. Mr. Braswell paid no attention and called to his wife to bring another gun, according to Gemmill. Both Gemmill and Milner said in their statements that they waited every second they thought possible before they believed Mr. Braswell was going to shoot, and then fired at him. In the testimony of Mrs. Braswell she said, "he had been gone all day and came home about 3:30. He was awfully nervous. The dogs kept barking and he was going to shoot into the woods to stop them from barking." As to the actual shooting of Mr. Braswell, her story differed from Gemmill and Milner. She said she had heard loud voices in the yard and went to the door to see who was there. As she opened the door the officer was pulling his gun to shoot. She added that her husband was holding the pistol in his left hand down by his side. Medical Examiner Karnittchnig testified on the stand that Mr. Braswell's arm would have to have been in a raised position for the bullet to have entered and exited in the manner in which it did. He said the victim was shot three times, the wound in the chest as the fatal one. After all testimony was given Judge Robert B. Edwards said, "It is an unfortunate incident as it is always when people result to firearms. Motion from defense counsel sustained for there was not enough evidence to bound over to the grand jury." "Joe" Joseph Wesley BRASWELL, retired Lipton machinist, b. 6 Nov 1915, Isle of Wight Co., shot by ABC agents 15 Sep 1969, at home, Isle of Wight Co., interred in Antioch Christian Church Cemetery*, near Windsor, 17 Sep 1969, "Suffolk (VA) News-Herald," Vol. 47, No. 222, Tues., Sep. 16, 1969, pp. 1 & 8; "Suffolk (VA) News-Herald," Vol. 47, No. 223, Wed., Sep. 17, 1969, p. 1; "Smithfield (VA) Times," Vol. 28, No. 37, Wed., Sep. 17, 1969, p. 1; "Suffolk (VA) News-Herald," Vol. 47, No. 224, Thurs., Sep. 18, 1969, p. 14; "Suffolk (VA) News-Herald," Vol. 47, No. 226, Sun., Sep. 21, 1969, pp. 1 & 2; "Smithfield (VA) Times," Vol. 28, No. 38, Wed., Sep. 24, 1969, p. 1; "Suffolk (VA) News-Herald," Vol. 47, No. 234, Tues., Sep. 30, 1969, p. 1; "Smithfield (VA) Times," Vol. 28, No. 39, Wed., Oct. 1, 1969, p. 1; "Suffolk (VA) News-Herald," Vol. 47, No. 238, Sun., Oct. 5, 1969, p. 3; "Suffolk (VA) News-Herald," Vol. 47, No. 255, Fri., Oct. 24, 1969, p. 8; "Smithfield (VA) Times," Vol. 28, No. 43, Wed., Oct. 29, 1969, p. 1 *Additional information: Antioch list, an extension of the Southampton County Historical Society {SCHS} Cemetery Project: http://files.usgwarchives.net/va/isleofwight/cemeteries/antioch.txt Isle of Wight County Historical Society {IWCHS} Grave Site Survey Task Force {GSSTF} report #20: http://www.iwchs.com/Cemetery-Reports.html A photo of his gravestone is posted with Find a Grave Memorial #104823923. His parents, Stephen Joseph & "Ballie" Alberta Dora (BUTLER) BRASWELL, & step-mothers are also buried there. D.Cert. 69-027666 also gives his father as Stephenson Joseph BRASWELL. His father's obit ("Smithfield Times," Apr. 17, 1952, p. 1) is posted at: http://files.usgwarchives.net/va/southampton/obits/b624j2ob.txt His mother's (donated, 1917) obit is posted at: http://files.usgwarchives.net/va/isleofwight/obits/b624b1ob.txt His widow (1913 - 2007) 2m. Robert Earl "Skinner" CARPENTER. They are buried in Newman Memorial Cemetery, Oakland Christian Church, near Chuckatuck. (Find a Grave Memorial #167104473 &c.) Contributed for use in the USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/isleofwight/obits/b624j3ob.txt