Air Force failed to submit Texas shooter’s criminal history

WASHINGTON (AP/CBS) —

UPDATE: (7:30 p.m.) — A sporting goods chain has confirmed that it sold two firearms to the man who shot up a church in a tiny South Texas community, killing 26 people.

In a statement posted on the company’s social media, Katy, Texas-based Academy Sports & Outdoors confirmed that Devin Patrick Kelley bought the weapons from two different San Antonio stores, one in 2016 and one in 2017.

The company also confirmed that the sales were cleared by the National Instant Criminal Background Check System.

The company extended condolences to the victims and their families and said it was cooperating with investigators.

The Air Force says it failed to report the Texas church shooter’s domestic violence conviction to the FBI as required by Pentagon rules. Information about such convictions is supposed to be submitted to the FBI for inclusion in the National Criminal Information Center database.


ORIGINAL STORY (5:45 p.m.) — Trump administration officials say the Air Force didn’t submit the accused Texas church shooter’s criminal history to the FBI, as required by Pentagon rules.

The officials were not authorized to discuss the matter and spoke on condition of anonymity.

Devin Patrick Kelley was convicted of assault in an Air Force court-martial in 2012 and given a bad conduct discharge in 2014.

According to CBS, Kelley bought at least two guns after passing background checks, but his discharge should have prevented it.

Col. Don Christensen, a retired Air Force prosecutor told CBS that one of his subordinates prosecuted the domestic violence case against Kelley. He says in 2011-2012, there were multiple instances of Kelley assaulting his wife at the time and her son,  his stepson. Kelley fractured his stepson’s skull, caused a severe hematoma. He physically assaulted him, pushed him down, shook him. He pleaded guilty to “diverse occasions” of assaulting son and wife. Sentenced to a year confinement. However, the maximum sentence for this domestic violence charge is five years.

Col. Christensen says because of that, and because this was a domestic violence charge, these two things should have barred Kelley from purchasing a firearm. He was discharged on a bad conduct discharge which is a punitive discharge and is worse than an administrative discharge but not as bad as a dishonorable discharge.

Kelley is the suspected gunman in the attack Sunday in Sutherland Springs, Texas, in which 26 people were killed.

Under Pentagon rules, information about convictions of military personnel in crimes like assault should be submitted to the FBI’s Criminal Justice Investigation Services Division.

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