Authorities probe whether sex assault allegation against Texas church shooter was mishandled
- Kelley was named as a suspect in a 2013 sexual assault in New Braunfels, Texas
- But the investigation ended when Kelley moved to Colorado three months later
- Comal County sheriff Mark Reynolds said he was reviewing whether his department mishandled the sexual assault investigation four years ago
- Police records show at least three missed opportunitie which might have offered police a way to stop Kelley from having access to guns before the shooting
- Kelley killed 26 people in a Sutherland Springs, Texas, church shooting Sunday
Authorities in Devin Patrick Kelley's hometown are investigating whether they mishandled a 2013 sexual assault probe into the 26-year-old, who killed 26 people at a Texas church on Sunday.
Kelley was named as a suspect in a 2013 sexual assault in New Braunfels, Texas, about 35 miles from the scene of Sunday's church attack in Sutherland Springs.
But three months after the case was reported in June 2013, the investigation swiftly ended when Kelley briefly moved to Colorado.
Comal County sheriff Mark Reynolds said he was reviewing whether his department mishandled the sexual assault investigation.
Police records have shown at least three missed opportunities, including the sexual assault case, which might have offered police a way to stop Kelley from having access to guns before he killed much of the congregation during a service.
Devin Patrick Kelley (pictured left, and right in a photo provided by the Texas Department of Public Safety) walked into the First Baptist Church of Sutherland Springs, dressed in full combat gear, and began shooting, according to local law enforcement sources
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 opened fire at the First Baptist Church in Sutherland Springs, Texas, killing 26 and wounding 20 others on Sunday.
Investigators believe Kelley died from a self-inflicted gunshot wound after being chased by two men and crashing his car.
The El Paso report notes that Kelley was committed to a mental health facility in Santa Teresa, New Mexico, but at some point escaped and was later found by police at a bus station in downtown El Paso in June 2012.
The Air Force confirmed on Tuesday that Kelley had been treated in the facility after he was placed under pretrial confinement stemming from a court-martial on charges that he assaulted his then-wife and hit her child hard enough to fracture the boy's skull.
Involuntary commitment to a mental institution would have been grounds to deny him a weapon provided that records of his confinement were submitted to the federal database used to conduct background checks on people who try to purchase guns.
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
Kelley was also caught trying to bring guns onto Holloman Air Force Base in New Mexico when he was stationed there, according to an El Paso, Texas, police report released on Tuesday.
While in the military, Kelley, who was 21 at the time, made death threats against superior officers, according to the June 2012 report, which also mentioned the military charges. He was eventually sentenced to 12 months of confinement for the assault.
The Air Force acknowledged Monday that it did not enter Kelley's criminal history into the federal database as required by military rules, another way he could have been denied a weapon.
In June 2013, deputies were called to Kelley's home in New Braunfels about a rape case and investigated for three months, Comal County Sheriff Mark Reynolds said.
But it appeared that they stopped investigating after they believed Kelley left Texas and moved to Colorado. Mr Reynolds said the case was then listed as inactive.
Mourning: Local residents embrace during a candlelight vigil for victims of the mass shooting in Sutherland Springs, Texas
The sheriff said he was trying to determine how deputies came to believe Kelley had moved and why they did not continue to pursue the case, either in Colorado or after Kelley returned to the area later
'The last information that we have is the suspect moved to Colorado and then the investigation seems to have tapered off,' Reynolds told CBS on Tuesday. 'That's what we're looking into.'
Had Kelley been convicted of sexual assault in the 2013 rape case he would likely have been prevented from purchasing a gun because federal guidelines prohibit sales to anyone convicted of a felony punishable by more than one year in prison.
Deputies were called to the same house in February 2014 to investigate a domestic violence report involving Kelley and Danielle Shields, his girlfriend at the time, whom he married two months later.
Authorities recovered a Ruger AR-556 rifle at the church and two handguns from the shooter's vehicle.
All three weapons were purchased by Kelley, said Fred Milanowski, the agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives in Houston.
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