The Air Force says it failed to follow policies for alerting federal law enforcement about Devin P. Kelley’s violent past, enabling the former service member, who killed at least 26 churchgoers Sunday in Sutherland Springs, Tex., to obtain firearms before the shooting rampage.
Kelley should have been barred from purchasing firearms and body armor because of his domestic violence conviction in 2014 while serving at Holloman Air Force Base in New Mexico. Kelley was sentenced to a year in prison and kicked out of the military with a bad conduct discharge following two counts of domestic abuse against his wife and a child, according to Air Force spokeswoman Ann Stefanek.
“Initial information indicates that Kelley’s domestic violence offense was not entered into the National Criminal Information Center database,” Stefanek said in a statement released Monday. Air Force Secretary Heather Wilson and Chief of Staff Gen. David Goldfein have directed an investigation of Kelley’s case and “relevant policies and procedures,” she said.
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Devin Patrick Kelley
Firearms retailer Academy Sports also confirmed Monday that Kelley purchased two weapons from its stores after passing federal background checks this year and last. It remains unclear whether those were the same weapons used in Sunday’s massacre, but his ability to purchase guns at all highlights the Air Force’s failure to follow Pentagon guidelines for ensuring certain violent offenses are reported to the FBI.
While military law does not classify crimes as felonies or misdemeanors, Kelley’s sentence was a functional felony conviction, said Geoffrey Corn, a former Army lawyer and professor at the South Texas College of Law in Houston. A separate law prohibits violent offenders from purchasing body armor, which Kelley was seen wearing during the rampage.
Authorities say Kelley, dressed in all black and wearing a tactical vest, entered the Sutherland Springs First Baptist Church and opened fire with a Ruger semiautomatic rifle. The AR-556 Kelley used is patterned on the ubiquitous AR-15.
Corn said it appears there is confusion within the Air Force, and other military branches, about only reporting violent crimes that result in dishonorable discharges, which are more severe punishments under military law than the bad conduct discharge Kelley received.
“Either the Department of Defense is reporting these convictions, or they’re not,” Corn said. “How is the federal statute going to be effectively implemented if they aren’t reporting these convictions?”
Texas state officials had said previously that Kelley did not meet the requirements for obtaining a concealed handgun license, according to a report in the Houston Chronicle. Kelley also claimed he had no criminal background that would have precluded him from buying firearms, the newspaper reported.
In the initial aftermath of Sunday’s tragedy, officials were searching for answers about how Kelley obtained his weapons.
“By all of the facts that we seem to know, he was not supposed to have access to a gun, so how did this happen?” Texas Gov. Greg Abbott (R) said in an interview Monday morning on CNN.
Nick Wagner, Austin American-Statesman via AP
Carrie Matula embraces a woman after a fatal shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017. Matula said she heard the shooting from the gas station where she works a block away.
Nick Wagner, Austin American-Statesman via AP
Law enforcement officials work the scene of a fatal shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017.
Jay Janner, Austin American-Statesman via AP
Investigators work at the scene of a mass shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
Jay Janner, Austin American-Statesman via AP
Investigators work at the scene of a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, Sunday Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
Nick Wagner, Austin American-Statesman via AP
A man wipes his eyes after a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, Sunday, Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
San Antonio Express-News, Zuma Press/TNS
A group gathered in prayer outside the Community Center, after a mass shooting occurred at the First Baptist Church on Sunday, Nov. 5, 2017.
Jay Janner, Austin American-Statesman via AP
Enrique and Gabby Garcia watch investigators at the scene of a mass shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
Erich Schlegel, Getty Images
Law enforcement and forensic officials gather near the First Baptist Church following a shooting on Nov. 5, 2017 in Sutherland Springs, Texas. At least 20 people were reportedly killed and 24 injured when a gunman, identified as Devin P. Kelley, 26, entered the church during a service and opened fire.
Erich Schlegel, Getty Images
People gather near First Baptist Church following a shooting on Nov. 5, 2017 in Sutherland Springs, Texas. At least 26 people were reportedly killed and 24 injured when a gunman, identified as Devin P. Kelley, 26, entered the church during a service and opened fire.
Jay Janner, Austin American-Statesman via AP
A couple comfort each other at a community center in Sutherland Springs, Texas, near the scene of a mass shooting at the First Baptist Church on Sunday, Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
Nick Wagner, Austin American-Statesman via AP
A woman prays with a man after a fatal shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017.
Eric Baradat, AFP/Getty Images
Texas Governor Greg Abbott speaks at a press conference on Nov. 5, 2017, in Sutherland Springs, Texas about the First Baptist Church mass shooting.
"There are 26 lives that have been lost. We don't know if that number will rise or not, all we know is that's too many, and this will be a long, suffering mourning for those in pain," Abbott said.
Suzanne Cordeiro, AFP/Getty Images
Wilson County Sheriff Joe Tackitt (C) speaks at a press conference on Nov. 5, 2017, in Sutherland Springs, Texas about the First Baptist Church mass shooting.
"There are 26 lives that have been lost. We don't know if that number will rise or not, all we know is that's too many, and this will be a long, suffering mourning for those in pain," Texas Governor Greg Abbott (L seated) said.
Darren Abate, The Associated Press
Law enforcement officers man a barricade near the First Baptist Church of Sutherland Springs after a fatal shooting, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Suzanne Cordeiro, AFP/Getty Images
Police block a road in Sutherland Springs, Texas, on Nov. 5, 2017, after a mass shooting at the the First Baptist Church.
A gunman went into the church during Sunday morning services and shot dead some two dozen worshippers, the sheriff said, in the latest mass shooting to shock the US. "Approximately 25 people" were dead, including the shooter, Wilson County Sheriff Joe Tackitt told NBC News. At least 10 people were wounded. The motive was not immediately known, he added.
Nick Wagner, Austin American-Statesman via AP
Law enforcement officials works at the scene of a fatal shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017.
Darren Abate, The Associated Press
Members of the FBI walk behind the First Baptist Church of Sutherland Springs after a fatal shooting, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Jay Janner, Austin American-Statesman via AP
Texas Gov. Greg Abbott consoles Ann Montgomery, a Sunday school teacher at First Baptist Church in Sutherland Springs during a candlelight vigil for the victims of a fatal shooting at the First Baptist Church of Sutherland Springs, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Darren Abate, The Associated Press
Mourners participate in a candlelight vigil held for the victims of a fatal shooting at the First Baptist Church of Sutherland Springs, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Darren Abate, The Associated Press
Mourners participate in a candlelight vigil held for the victims of a fatal shooting at the First Baptist Church of Sutherland Springs, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Jay Janner, Austin American-Statesman via AP
Bailey LeJeaune, 17, and David Betancourt, 18, hold candles during a vigil in Sutherland Springs for the victims of a deadly shooting at the First Baptist Church in Sutherland Springs, Texas, Sunday, Nov. 5, 2017. A man opened fire inside of the church in the small South Texas community on Sunday, killing more than 20 people.
Nick Wagner, Austin American-Statesman via AP
Lisa Cavazos speaks with Texas Gov. Greg Abbott during a candlelight vigil held for the victims of a fatal shooting at the First Baptist Church of Sutherland Springs, Sunday, Nov. 5, 2017, in Sutherland Springs, Texas.
Nick Wagner, Austin American-Statesman via AP
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Carrie Matula embraces a woman after a fatal shooting at the First Baptist Church in Sutherland Springs, Texas, on Sunday, Nov. 5, 2017. Matula said she heard the shooting from the gas station where she works a block away.