Tag Archives: background check

Texas gunman who killed seven had previously failed background check for firearm

A man holds flowers and a candle as people gather for a vigil following Saturday's shooting in Odessa, Texas, U.S. September 1, 2019. REUTERS/Callaghan O'Hare

By Alex Dobuzinskis

(Reuters) – The gunman who killed seven people and wounded 23 others in a rolling rampage across West Texas obtained an assault-style rifle despite failing a background check, state and law enforcement officials said on Monday.

The gunman, identified by police as Seth Aaron Ator, 36, carried out the shooting spree in the neighboring cities of Midland and Odessa on Saturday, a short time after he was fired from his trucking job. He called local emergency 911 responders and then an FBI tip line to make rambling statements, officials said.

In those calls, Ator did not threaten to commit violence, they said.

But he would soon go on to open fire on civilians and police officers in a roving series of shootings, at one point hijacking a U.S. Postal Service truck before dying in an exchange of gunfire with law enforcement, police said.

It was the second mass shooting in Texas in four weeks, and the state’s Republican governor, Greg Abbott, expressed frustration on Monday the suspect had a firearm.

“We must keep guns out of criminals’ hands,” Abbott said on Twitter.

Ator was rejected when he tried to buy a gun and his name was run through the National Instant Criminal Background Check System, John Wester, assistant special agent in charge of the Dallas office of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, told a news conference.

Authorities could not immediately say how he obtained a firearm, Wester added.

It also was not immediately clear when or why he had failed the background check. Online court records showed Ator had convictions in 2002 for criminal trespass and evading arrest.

But Odessa Police Chief Michael Gerke told a news conference on Monday that Ator’s past interactions with police in that area, where the gunman lived, were not serious enough to have legally prevented him from having a firearm.

President Donald Trump over the weekend called the Odessa-Midland shooter “a very sick person,” but said increased background checks on gun buyers would not have prevented many mass shootings in the United States in the past few years.

Democrats in Congress want to close loopholes that under federal law, allow certain people to sell firearms without requiring background checks, such as in sales conducted online, at gun shows or out of their homes.

Trump said last month he had spoken to the National Rifle Association gun rights group about closing loopholes in background checks but he did not want to take away the constitutional right to own guns.

PULLED OVER

Hours after he was fired from his trucking job and 15 minutes after he called the FBI tip line, Ator was pulled over in a sedan by Texas state troopers on Interstate 20 in Midland for failing to use a turn signal, police said.

Armed with an AR-type rifle, Ator fired out the back window of his gold-colored car, wounding one trooper. Then he drove away spraying gunfire indiscriminately, the Texas Department of Public Safety said.

At one point, Ator abandoned his car and hijacked a U.S. postal van, mortally wounding the letter carrier, identified by officials as Mary Grandos, 29.

He shot seven people to death, leaving behind a trail of 15 crime scenes with 23 other people wounded in the rampage, officials said.

Three police officers were shot and wounded – one from Midland, one from Odessa and one state trooper – all in stable condition at hospitals.

Ator was later cornered by officers in the parking lot of a cinema complex in Odessa where he was shot and killed.

The FBI has scoured Ator’s home, Christopher Combs, special agent in charge of the FBI office in San Antonio, told a news conference on Monday.

“I can tell you the conditions reflect what we believe his mental state was going into this,” Combs said.

“He was on a long spiral of going down. He didn’t wake up Saturday morning and walk into his company and then it happened. He went into that company in trouble. He’s probably been in trouble for a while,” Combs said.

The rampage came about a month after a gunman from the Dallas area killed 22 people on Aug. 3 at a Walmart store about 255 miles (410 km) west of Midland in El Paso, Texas.

(Reporting by Alex Dobuzinskis in Los Angeles; Additional reporting by Keith Coffman in Denver and Rich McKay in Atlanta; Editing by Bill Tarrant and Peter Cooney)

Air Force missed at least two chances to stop Texas shooter buying guns

Crosses are seen placed at a memorial in memory of the victims killed in the shooting at the First Baptist Church of Sutherland Springs in Sutherland Springs, Texas, U.S., November 8, 2017.

By Jonathan Allen

NEW YORK (Reuters) – The U.S. Air Force missed at least two chances to block the shooter in last weekend’s deadly church attack in Texas from buying guns after he was accused of a violent offense in 2012, according to current and former government officials and a review of military documents.

A third opportunity to flag shooter Devin Kelley was lost two years later by a twist of bad luck when a Pentagon inspection of cases narrowly missed the former airman.

The Air Force said on Monday it had failed to provide information as required about Kelley’s criminal history to the Federal Bureau of Investigation’s criminal databases. It gave few other details about the omission.

A review of Department of Defense procedures by Reuters shows that the military twice should have flagged Kelley, then serving at a New Mexico base, after he was accused of repeatedly beating his wife and stepson.

If Pentagon rules had been followed, the Air Force should have put Kelley into national criminal databases used for background checks soon after he was charged.

The Air Force should then have flagged Kelley, 26, again later that year after his court-martial conviction for assault, which permanently disqualified him from legally getting a gun.

When presented with this account of how the FBI was not alerted about Kelley, Air Force officials confirmed the procedures that should have happened.

“That is what the investigation is looking at now,” Brooke Brzozowske, an Air Force spokeswoman, said. The FBI confirmed it never received Kelley’s records.

Kelley bought guns from a store in Texas in 2016 and 2017, although it is not clear whether these were the weapons he used last Sunday to attack churchgoers in Sutherland Springs before killing himself. Authorities said he killed 26 people, including a pregnant woman’s unborn child.

If the Air Force had flagged Kelley to the FBI either when he was charged and convicted, he would have been unable to get a gun legally.

Reuters has been unable to determine exactly how or why Kelley’s records were not shared.

Kelley also narrowly slipped through the system in 2014 when the Pentagon’s inspector general told the Air Force it was routinely failing to send criminal records to the FBI, and urged them to correct this in some old cases like Kelley’s

The then inspector general, Jon Rymer, raised the alarm with the military.

He looked at 358 convictions against Air Force employees between June 2010, and October 2012. In about a third of those cases, fingerprints and court-martial outcomes were wrongly not relayed to the FBI, the inspector general’s report said.

Rymer recommended that the Air Force send what missing fingerprints and records it could from his sample period to the FBI, and the Air Force agreed. But Kelley was convicted in November 2012, a week after the sample period ended, and it appears that his case was never looked at again.

The inspector general’s office said it was investigating what happened with Kelley’s file, and suggested that the military should have done more after its report to correct errors in sharing information.

“Our recommendations, while directed at the period that was reviewed and future investigations, also applied to the entire system,” said Dwrena Allen, a spokeswoman for the inspector general’s office.

 

FIRST MISTAKE

According to statements from the Air Force and FBI and a review of Defense Department rules, the first mistake came when the Air Force failed to send along Kelley’s fingerprints.

The military makes it mandatory to collect fingerprints when someone is accused of a serious crime such as assault, as Kelley was in June 2012.

By then, the U.S. military had recently switched to using the FBI’s automated records-submission system for all fingerprints, which digitally scans prints and adds them to FBI databases.

It was not clear what happened to Kelley’s fingerprints. The Air Force said it was investigating whether they were even taken.

Entering his fingerprints and other information in the FBI’s so-called Interstate Identification Index (III) would have been enough to flag Kelley as needing further investigation in 2016 when he tried to buy a gun at a San Antonio store.

“When they hit on a record like that they delay the transaction,” said Frank Campbell, a former Justice Department employee who helped develop the FBI’s background check system that licensed gun dealers must consult before a potential sale.

The FBI would then have asked the Air Force the outcome of Kelley’s case. The airman was convicted of a crime involving domestic violence that carries a maximum penalty of more than one year in prison, both of which disqualify a person from buying guns and ammunition under federal law.

The FBI could have then added Kelley’s name to the National Instant Criminal Background Check System Indices (NICS Indices), which would mean he would instantly fail future background checks.

Instead, Kelley cleared the background check and walked out of the store with a gun, and returned the following year, passed another background check and bought a second one, the store said.

According to Defense Department rules, the Air Force should have caught its error after Kelley’s court-martial ended when it was obliged to notify the FBI that Kelley had been convicted, and that his crime involved domestic violence

The FBI said on Wednesday it had no record in its three databases for background checks, including the III database and the NICS Indices, of ever receiving information from the Air Force about Kelley’s conviction.

Air Force officials said it was the responsibility of the Air Force Office of Special Investigations, the force’s law enforcement agency, to take fingerprints and share any necessary information with the FBI, and it was not immediately clear why it had not.

 

(Additional reporting by Tim Reid in Sutherland Springs, Texas; Editing by Dina Kyriakidou and Alistair Bell)