Air Force admits fault in reporting shooter's past crimes

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Air Force admits fault in reporting shooter's past crimes

  • Devin Patrick Kelley's record should have prevented him from buying a firearm
  • The Air Force has ordered a 'comprehensive review' into why his charges were not entered into the National Criminal Information Center
  • He was confined for 12 months by the military on domestic abuse charges 
  • He assaulted his first wife in 2012 and left his stepson with a fracture skull 

Devin Patrick Kelley was able to buy several firearms despite being court-martialed in 2012 on charges of assaulting his spouse and leaving his stepson with a fractured skull

The Air Force has admitted that they failed to submit the criminal history of the Texas church gunman, which meant he was able to firearms.

Devin Patrick Kelley, 26, was able to pass all his background checks and legally purchase the Ruger AR-556 rifle which he used to mow down parishioners in Sutherland Springs on Sunday, firing at least 450 rounds.

Kelley, who served in logistics readiness at Holloman Air Force Base in New Mexico from 2010-2014, was court-martialed in 2012 on charges of assaulting his spouse and his stepson who was left with a fractured skull.

He was confined for twelve months at Naval Consolidated Brig Miramar in California as punishment, before being released from the military with a bad conduct discharge in 2014.

In Texas, anyone convicted of serious domestic assault is barred from buying a firearm until five years after they have been released, while federal law permanently bans domestic abusers from owning a gun, although law generally defers to state.

In this case, Kelley's criminal record should have prevented him from being able to buy a gun until at least 2019. But the Air Force's failure to enter his domestic charges into the federal database meant that he passed all his background checks with flying colors and was able to buy four guns between 2014 and 2017.

Court martial order: The Air Force's failure to enter his domestic charges into the federal database meant that he passed all his background checks and was able to buy four guns between 2014 and 2017

Court martial order: The Air Force's failure to enter his domestic charges into the federal database meant that he passed all his background checks and was able to buy four guns between 2014 and 2017

Mourning: Local residents embrace during a candlelight vigil for victims of the mass shooting in Sutherland Springs, Texas

Mourning: Local residents embrace during a candlelight vigil for victims of the mass shooting in Sutherland Springs, Texas

Prayers:  A man raises his right hand and bows his head along with others who gathered to pay respect to those killed in the shooting

Prayers:  A man raises his right hand and bows his head along with others who gathered to pay respect to those killed in the shooting

They include the Ruger AR-556, which he bought from an Academy Sports & Outdoors store in San Antonio in April 2016, which was later used in the massacre at First Baptist Church in Sutherland Springs, Texas.

He also bought the 9mm Glock and a Ruger 22 which were found inside his vehicle near his body.

The Air Force has since ordered a 'comprehensive review' into why Kelley's charges were not entered into the National Criminal Information Center database to ensure no other criminals have been missed.

In a statement, the Air Force said: 'Initial information indicates that Kelley’s domestic violence offense was not entered into the National Criminal Information Center database by the Holloman Air Force Base Office of Special Investigations.

'The Air Force has also requested that the Department of Defense Inspector General review records and procedures across the Department of Defense.'

Kelley bought two guns in Colorado and anther two in Texas after his release in 2014.

Neither state requires individuals to have a license or registration to buy guns, but Colorado ranks high on the list of easiest places to purchase a firearm.

Kelley had recently posted a photo of an AR-15 style gun on his Facebook page with the caption: 'She's a bad b***h'

Kelley had recently posted a photo of an AR-15 style gun on his Facebook page with the caption: 'She's a bad b***h'

Kelley, 26, managed to purchase the Ruger AR-556 rifle in April 2016 from an Academy Sports & Outdoors store (file image) in San Antonio, according to a law enforcement official

Kelley, 26, managed to purchase the Ruger AR-556 rifle in April 2016 from an Academy Sports & Outdoors store (file image) in San Antonio, according to a law enforcement official

Academy Sports + Outdoors released a statement to the DailyMail.com on Monday.

'Based on information we received from law enforcement, we confirmed that the suspect purchased two firearms from two San Antonio locations, one in 2016 and one in 2017.

'We also confirmed that both sales were approved by the National Instant Criminal Background Check System (NICS). We are cooperating with law enforcement as they investigate further,' the statement read.

Law enforcement officials also confirmed that Kelley completed the NCIS check to buy the rifle. However, the bad conduct military discharge didn’t show up as a prohibited offense.

Authorities said during a press conference Monday morning that Kelley held a private security license because he worked as a nighttime security guard at Schlitterbahn New Braunfels within the last five and half weeks.

A private security license requires individuals to pass a criminal background check whether they carry a gun or remain unarmed during their shifts.

RUGER AR-556 IS A VARIANT OF AR-15 USED IN MASSACRE

Devin Patrick Kelley isn't the first gunman to use AR-15 variants to gun down men, women and children.

Rifles based on the AR-15 were used in the mass shootings in Newtown, Connecticut; Aurora, Colorado; and San Bernardino, California.

The Orlando shooter used a Sig Sauer MCX, which is a weapon with different characteristics but based on similar concepts to the AR-15.

According to the National Rifle Association website: 'The AR-15’s ability to be modified to your own personal taste is one of the things that makes it so unique.'

The AR-15 is a category and not necessarily a specific weapon. It is known for having hundreds of variants, each with its own characteristics.

Sales of the gun traditionally have spiked after each mass shooting.

It's estimated that between 5 million and 8 million AR-15 variants are owned in the United States. 

The weapon did not reach popularity until the expiration of the nation’s federal assault weapons ban in 2004.

Kelley was an unarmed guard at the water park and his duties included checking gate locks at night.

He started there in June, but was terminated shortly after. Details surrounding his termination have not been revealed.

A few months before he received the bad-conduct discharge, sheriff's deputies went to his home to check out the domestic violence complaint involving him and his then-girlfriend. People in the house said there was no problem, and no arrests were made. Kelley married the girlfriend two months later.

Also in 2014, he was charged with misdemeanor animal cruelty in Colorado after a neighbor reported him for beating a dog. Kelley initially refused to speak with officers about the incident. He denied abusing the animal but complied with an order to pay almost $370 in restitution. He was also the focus of a protective order issued in Colorado in 2015.

During a press conference on Monday, her father, Frank (above), became emotional of the loss alongside his wife, Sherri
Frank and Sherri lost their daughter Annabelle during the attack

During a press conference on Monday, Pastor Frank Pomeroy and his wife Sherri, who lost their 14-year-old daughter Annabelle during the massacre, became emotional over the attack

Investigators work at the scene of a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, Sunday 

Investigators work at the scene of a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, Sunday 

Investigators also revealed that Kelley had sent threatening text messages to his mother-in-law, a member of First Baptist, before the attack, and that sheriff's deputies had responded to a domestic violence call in 2014 at his home involving a girlfriend who became his second wife. 

At a news conference in South Korea, President Donald Trump was asked if he would support 'extreme vetting' for gun purchases like he's called for 'extreme vetting' for people entering the country. Trump responded by saying stricter gun control measures might have led to more deaths in the shooting because a bystander who shot at the gunman would not have been armed.

'If he didn't have a gun, instead of having 26 dead, you would have had hundreds more dead,' Trump said.

Kelley lived in New Braunfels, about 35 miles north of the church, authorities said. Investigators were reviewing social media posts he made in the days before the attack, including one that appeared to show an AR-15 semi-automatic weapon.

THE PASTOR'S DAUGHTER, 14 CHILDREN AND EIGHT MEMBERS OF THE SAME FAMILY: GUNMAN'S 26 VICTIMS

ANNABELLE POMEROY

The daughter of First Baptist Church Pastor Frank Pomeroy, who was out of town with his wife. Her devastated father said he lost 'one beautiful girl, and a special child'. 

Annabelle Pomeroy, the 14-year-old daughter of the church pastor, was the first victim identified in Sunday's shooting at the First Baptist Church of Sutherland Springs, Texas on Sunday. Her mother said having fun at the pool was her favorite thing

Annabelle Pomeroy, the 14-year-old daughter of the church pastor, was the first victim identified in Sunday's shooting at the First Baptist Church of Sutherland Springs, Texas on Sunday. Her mother said having fun at the pool was her favorite thing

BRYAN, KARLA, MARC DANIEL 'DANNY' AND NOAH HOLCOMBE

Bryan Holcombe had been standing in for Frank Pomeroy when Kelley opened fire. Witnesses say he was the first victim to be struck by the shooter's gunfire.

'Bryan was filling in,' a witness told DailyMail.com. 'He was walking up to the pulpit when he was shot in the back. He was an awesome Christian.

He was killed, alongside his wife of 25 years, Sunday school teacher Karla Holcombe

The couple ran a canvas repair shop before retiring and had attended the church for 25 years.

'My father was a good man and he loved to preach. He had a good heart. They knew where they were going. There’s peace in that,' their son Scott Holcombe told the Herald-Tribune.

Their son Marc Daniel 'Danny' Holcombe, 36, and his one-year-old daughter Noah, also died in the gunfire. 

Sunday school teacher Karla Holcolmbe and her husband Bryan died in the rampage, their family confirmed. Bryan had been standing in for Pastor Pomeroy

Sunday school teacher Karla Holcolmbe and her husband Bryan died in the rampage, their family confirmed. Bryan had been standing in for Pastor Pomeroy

Marc Daniel Holcombe, known as Danny, pictured wearing glasses left, and his infant daughter Noah were also among the 26 killed and the seventh and eighth of the Holcombe family

Marc Daniel Holcombe, known as Danny, pictured wearing glasses left, and his infant daughter Noah were also among the 26 killed and the seventh and eighth of the Holcombe family

CRYSTAL HOLCOMBE AND HER CHILDREN MEGAN, EMILY AND GREG

Bryan and Karla's daughter-in-law Crystal, a mother-of-five who was eight months pregnant was killed alongside three of her children: Megan, Emily and Greg. Two of her other children and her husband John survived the shooting.

Crystal was described as a devoted mother.

'She doesn't even drink, smoke or nothing, said relative Nick Uhlig. 'She just takes care of kids, she raises goats and makes homemade cheese. That kind of thing, you know? They don't go out dancing or anything like that. They're real old-fashioned, down-to-earth. 

Crystal Holcombe, pictured center, the daughter-in-law of Bryan and Karla Holcombe, was among those killed, along with three of her five children, all pictured left, Emily (standing tallest), Megan and Greg. Her husband John (right) and their other two children, survived the massacre

Crystal Holcombe, pictured center, the daughter-in-law of Bryan and Karla Holcombe, was among those killed, along with three of her five children, all pictured left, Emily (standing tallest), Megan and Greg. Her husband John (right) and their other two children, survived the massacre

JOANN AND BROOKE WARD AND EMILY GARZA

Mother-of-four Joann Ward and two of her daughters, six-year-old Brooke Ward and eight-year-old Emily Garza were among the victims.

Crystal Holcombe was married to Bryan and Karla Holcombe's son John (pictured together) and had been at church with her inlaws when she was shot dead

Crystal Holcombe was married to Bryan and Karla Holcombe's son John (pictured together) and had been at church with her inlaws when she was shot dead

Joann's sister-in-law Leslie Ward said she rushed to the church after hearing the gunfire from her home, and found her six-year-old nephew Ryland, lying in the pews. He is still in hospital after undergoing emergency surgery.

Joann's eldest daughter Rihanna, nine, had the glasses shot off her face but escaped injury by hiding under a pew as shots rang out.  

Joann's husband Chris was not at the church because he works the night shift and had stayed home that morning. In the first hours after the shooting, some media erroneously reported Chris as the shooter.

Joann Ward (pictured) was among the 26 people gunned down when Devin Patrick Kelley burst into the First Baptist Church of Sutherland Springs in Texas and opened fire

Joann Ward (pictured) was among the 26 people gunned down when Devin Patrick Kelley burst into the First Baptist Church of Sutherland Springs in Texas and opened fire

six-year-old Brooke was killed in the massacre
Emily Garza (Sitting on the right, next to her sister Rihanna) was killed in the shooting according to her family. Rihanna, nine, had her glasses shot off her face but survived

Sisters six-year-old Brooke (left) and eight-year-old Emily Garza (pictured, right, sitting on the right, next to her sister Rihanna) were killed in the shooting according to her family. Nine-year-old Rihanna (sitting next to Emily) had her glasses shot off her face but survived

ROBERT AND SHANNI CORRIGAN

The Corrigans, originally from Michigan, were named among those killed, according to the Clare County Director of Veterans' Services.

Robert Corrigan was an Air Force retiree and the couple has two sons currently on active duty. 

Angela Teague Herron paid tribute to him as a 'true mentor'

Air force veteran: Robert and Shanni Corrigan, originally from Michigan, were named among those killed. They have two sons who are currently on active duty

Air force veteran: Robert and Shanni Corrigan, originally from Michigan, were named among those killed. They have two sons who are currently on active duty

'You were not easy, you were a leader who gave me expectations and I respected you enough to listen to you. I didn't always like what you said, but you allowed me to tell you and together, you let me flourish. 

LULA WHITE

Lula Woicinski White was the 71-year-old grandmother of Kelley's wife Danielle. 

She was a devout member of the First Baptist Church as was described a 'wonderful, caring person - a God-loving person' by her relative Mary Mishler Clyburn.

Gunman's grandmother-in-law: Lula White, pictured with victim Bryan Holcombe, was in the church when Kelley opened fire. It is thought Kelley was targeting Lula's daughter Danielle, but she wasn't in the church at the time

Gunman's grandmother-in-law: Lula White, pictured with victim Bryan Holcombe, was in the church when Kelley opened fire. It is thought Kelley was targeting Lula's daughter Danielle, but she wasn't in the church at the time

'I miss her badly already. We texted every day. We loved each other to the moon and back.' 

HALEY KRUEGER 

Sixteen-year-old Haley, described in her GoFundMe page as 'beautiful' and 'vibrant', dreamed of becoming an intensive care nurse. Her death comes two years after her father died.

Her mother Charlene Uhl said Haley had arrived early on Sunday morning to help prepare breakfast for the parishioner.

'She just loved life and loved everybody she met,' she said. 'She loved her church. She was always hyper and ready for anything.' 

'Beautiful' and 'Vibrant': Haley Krueger dreamed of being a NICU nurse and arrived at the parish earlier on Sunday to help with breakfast

'Beautiful' and 'Vibrant': Haley Krueger dreamed of being a NICU nurse and arrived at the parish earlier on Sunday to help with breakfast

RICHARD AND THERESE RODRIGUEZ

Richard's daughter Regina Rodriguez confirmed that her father and his wife were among the deceased. She posted a heartbreaking photograph of her and her father to Facebook hours after the massacre. 

On Sunday, Regina walked up to the police barricade a few hours after the shooting and said her 51-year-old father attended the church 'every Sunday'. 

Heartbreaking goodbye: Richard Rodriguez (pictured with his daughter Regina), died in the shooting along with his wife Therese. Richard, 51, attended church every Sunday

Heartbreaking goodbye: Richard Rodriguez (pictured with his daughter Regina), died in the shooting along with his wife Therese. Richard, 51, attended church every Sunday

TARA MCNULTY 

 Bartender Tara McNulty was among those killed while her children were wounded but survived, according to Kevin Koenen, her boss at The Aumont Saloon.

The Aumont Saloon is holding a fundraiser for Tara's funeral costs and her children's medical expenses, with Koenen paying tribute to her on her GoFundMe page as 'a great employee, conscientious, engaging and always willing to do the little things.'

'She was a sweet, kind and loving woman, mother and daughter and will be greatly missed by many.'

'Always willing to do the little things': Tara McNulty was killed in the massacre but her children survived. A fundraiser is being held this Saturday to raise money for her funeral costs and her children's medical expenses

'Always willing to do the little things': Tara McNulty was killed in the massacre but her children survived. A fundraiser is being held this Saturday to raise money for her funeral costs and her children's medical expenses

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