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) walked into the First Baptist Church of Sutherland Springs, dressed in full combat gear, and began shooting, according to local law enforcement sources
Devin Patrick Kelley in a photo provided by the Texas Department of Public Safety

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 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

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.

A TIMELINE OF TEXAS CHURCH SHOOTER'S HISTORY OF VIOLENCE

1991

  • February: Devin Patrick Kelley is born in New Braunfels, Texas, the son of Michael and Rebecca Kelley, owners of a software company.  

2009 

  • For two months in 2009, 18-year-old Kelley dates 13-year-old Brittany Adcock. 'At the time I didn't think much into it being so young but now I realize that there's something off about someone who is 18 with someone who is 13,' Kelley's ex told NBC News. The now 22-year-old says after she broke up with him, Kelley desperately tried to get her back by any means necessary - in one case offering to pay her to live with him and his wife as a topless maid.
  • Spring: Kelley graduates from New Braunfels High School. 

2010

  • Enlists in the Air Force and is assigned to Holloman Air Force Base in New Mexico where he works moving passengers, cargo and personal property in military transportation.

2011

  • April 14: Marries Tessa K. Loge in Comal County, Texas.  

2012

  • June 7: Escapes from a mental hospital in Santa Theresa, New Mexico. He is caught by police officers just over the state line in El Paso, Texas, and is returned to the hospital. A witness told police that Kelley 'suffered from mental disorders' and 'was attempting to carry out death threats' against his military superiors. The witness also said that Kelley had already been caught sneaking firearms onto his Air Force base. 
  • October 15: Tessa Kelley files for divorce. In paperwork associated with the divorce, she said she was working at Taco Bell for $7.50 an hour while Devin Kelley was in military detention for domestic violence charges. It's unclear when exactly he was arrested. 
  • November 7: Kelley faces court martial for abusing his wife and 11-month-old step-son. According to court martial documents, Kelley pleaded guilty to chocking his wife, pulling her hair, kicking her and striking her. He also admitted to striking his step-son with 'force likely to produce death or grievous bodily harm'. The Air Force's former chief prosecutor, Don Christensen, told The New York Times that Kelley fractured the child's skull. The abuse happened between April 27, 2011 and April 27, 2012. Kelley is also accused in the trial of threatening his wife with a gun on multiple occasions between January 1, 2012 and and April 20, 2012, but he pleads not guilty and these charges are dropped. Kelley is sentenced to 12 months confinement in a military prison, demotion to the lowest rank of E-1, and a bad discharge. 

2013

  • Kelley is investigated for rape and sexual assault in New Braunfels. No charges were ever filed in the case.

2014

  • February: Cops are called to Kelley's parents' home in New Braunfels, Texas after 10pm one night, after his girlfriend, 19-year-old Danielle Shields, texts a girl friend a message indicating that 'her boyfriend was abusing her' and that 'her arms were red'. Shields said Kelley had 'told her to pack a bag,' according to the report. When sheriff's deputies arrived, people at the home said there was a 'misunderstanding'. It doesn't make clear who spoke to deputies. No arrests were made. 
  • April 4: Kelley marries to Shields, according to Comal County, Texas records. He is 23 years old at the time.  
  • April 10: Kelley is kicked out of the Air Force with a bad discharge, but administrators forget to put his name in an FBI database used to conduct background checks on citizens looking to buy a firearm. This same year, he buys the first of four guns that police recover in their investigation into the church shooting.
  • Moves to a mobile home park in Colorado Springs, Texas, where he registers to vote. 
  • August: A neighbor calls police after witnessing Kelley strike his husky puppy in the face with a closed fist several times. Another neighbor says Kelley grabbed the puppy, threw it into the air, then onto the ground and dragged it to his camper. Kelley refuses to come out of his trailer when police arrive on the scene, leading to an hour-long standoff. He eventually comes out and is taken into custody on a charge of misdemeanor animal cruelty. According to local court records, he was given a deferred probationary sentence and ordered to pay $368 in restitution. A protection order was also issued against him in 2015 on behalf of the local Humane Society, according to court records. 
  • December 2014: Buys a Glock 9mm handgun from Specialty Sports in Colorado Springs, Colorado. 

2015

  • Buys another gun from Specialty Sports in Colorado Springs. It's unclear what type of gun was bought during this visit to the Colorado Springs store.

2016

  • April: Bought the Ruger AR-556 rifle he used in the church shooting from an Academy Sports store in San Antonio, according to CNN. He listed a Colorado Springs, Colorado address when he bought the gun. 

2017 

  • At some point this year, Kelley and his wife move in his with parents in New Braunfels, Texas. 
  • Buy another gun police found after the shooting, this one from a different Academy Sports branch in San Antonio.  
  • June: Obtains a state private security license to work as a security guard at the Schlitterbahn water park in New Braunfels, but is fired after less than six weeks. 
  • He was then was hired as a security guard at the Summit Vacation Resort, also in New Braunfels. A manager there, Claudia Varjabedian, told the AP that Kelley 'seemed like a nice guy' and didn't cause her any problems. 
  • Some point before the shooting, starts sending his mother-in-law Michelle Shields threatening text messages. 
  • November 5: Opens fire during Sunday morning service at First Baptist Church in Sutherland Springs, Texas, where his in-laws worship. The Shields family are not present during the attack. Twenty-six people are killed and 20 wounded before Kelley commits suicide. 

Advertisement

EIGHT MEMBERS OF THE SAME FAMILY AND AT LEAST EIGHT CHILDREN: 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

Youngest victim: Danny's baby girl Noah, aged just one, pictured with her dad, died in the gunfire; the gunman was said to be deliberately targeting crying babies

Youngest victim: Danny's baby girl Noah, aged just one, pictured with her dad, died in the gunfire; the gunman was said to be deliberately targeting crying babies

CRYSTAL HOLCOMBE, HER CHILDREN MEGAN, EMILY AND GREG AND HER UNBORN CHILD

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. 

Authorities said on Tuesday that their body count of 26 victims included the unborn child of Crystal. 

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

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 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.

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
Lula White (left) with her daughter Michelle, who was mother-in-law of gunman Kelley

Gunman's grandmother-in-law: Lula White, pictured left with victim Bryan Holcombe, and right with her daughter Michelle. It is thought Kelley was targeting Michelle, the mother of Kelley's wife 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 THERESA 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: Richard Rodriguez, died in the shooting along with his wife Theresa (pictured together). Richard, 51, attended church every Sunday

Heartbreaking: Richard Rodriguez, died in the shooting along with his wife Theresa (pictured together). 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.'

'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

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

ROBERT SCOTT AND KAREN MARSHALL

The Marshalls had recently retired and moved to Texas. They met when they were both in the military more than 30 years ago, serving in the US Aire Force in North Carolina.

The day before the massacre, R Scott Marshall shared photos from a trip to an air show in Live Oak, Texas, with his wife and grandchildren.

Robert Scott's father, Robert, confirmed the news on his 85th birthday.

'Heck of a birthday present, he told KDKA Pittsburgh. 'It's a shame that you can go pray and be shot up.' 

He is now trying to fly to Texas to be with his three adult grandchildren. 

Air Force veterans R Scott and Karen Marshall had only recently moved to Texas. R Scott's father Robert received the horrible news on his 85th birthday

Air Force veterans R Scott and Karen Marshall had only recently moved to Texas. R Scott's father Robert received the horrible news on his 85th birthday

DENNIS AND SARA JOHNSON

A family member confirmed the Johnsons both died in the shooting. Sara's Facebook page says she was a receptionist at Pfeil's Home and Garden Materials, originally from Jasper, Florida.

Friends called them a 'great couple' who loved their church 

Dennis' sister-in-law Tawnya Roberts Spence, wrote on Facebook: 'It's still very hard to believe that such a thoughtless crime has happened like this. 

'I hope all the family can find peace in their hearts as they go through this very sad tragedy.' 

'Thoughtless crime: Married couple Dennis and Sara Johnson were named among the 26 dead. Friends called them a 'great couple' who loved their church

'Thoughtless crime: Married couple Dennis and Sara Johnson were named among the 26 dead. Friends called them a 'great couple' who loved their church

Advertisement