Tag Archives: court martial

Medic stuns courtroom saying he killed prisoner, not Navy SEAL on trial

FILE PHOTO: U.S. Navy SEAL Special Operations Chief Edward Gallagher leaves court after the first day of jury selection at the court-martial trial at Naval Base San Diego in San Diego, California , U.S., June 17, 2019. REUTERS/Mike Blake

By Marty Graham

SAN DIEGO (Reuters) – A Navy SEAL medic testified on Thursday that he was responsible for the death of an Islamic State fighter – not the Navy SEAL defendant undergoing a court-martial for war crimes – describing it as a mercy killing.

Special Operator 1st Class Corey Scott, a SEAL team medic, said under cross-examination by the defense in a courtroom at the San Diego Naval Base that he killed the fighter by asphyxiation after he saw Special Operations Chief Edward Gallagher stab the victim with a knife.

Scott said he held his thumb over a breathing tube that had been inserted into the mouth of a fighter, who had a leg wound and collapsed lung following house-to-house fighting in the Iraqi city of Mosul in 2017.

The fighter had been captured by Iraqi forces and dumped on the ground at a base outside Mosul, the prosecution said in its opening statement on Monday.

Prosecutors say Gallagher, 39, who began his 18-year career as a medic, briefly treated the young Islamic State fighter, then pulled out his knife and stabbed him in the neck several times.

Scott, who was called to the stand by the defense, said the fighter was breathing normally after he and Gallagher treated him for wounds suffered in an air strike, but then saw Gallagher stab the young militant once with his knife.

Scott said the fighter survived the stabbing. But Scott said he blocked the young man’s air tube thinking he would eventually be tortured to death by Iraqi forces.

Scott’s testimony under immunity from prosecution appeared to take the prosecutors by surprise and stunned the courtroom, witnesses said.

The judge denied an immediate defense motion to dismiss the case.

MURDER OR MUTINY?

The seven-sailor jury at the court-martial must decide whether the fighter’s death was murder as alleged by the prosecution or a mutiny by sailors under Gallagher’s command in Iraq, as the defense contends.

Gallagher could face life in prison if convicted in the trial arising from his 2017 deployment to Mosul, Iraq.

Defense attorney Tim Parlatore said the surprising admission from Scott that he had asphyxiated the wounded fighter showed that the prosecution never asked about the cause of death and the Navy Criminal Investigation service had gone into the case with minds made up.

“From the moment NCIS got involved, they ignored everything that didn’t fit their case,” Parlatore said. “What we learned today is Chief Gallagher is not guilty of murder.”

Gallagher’ wife, Andrea, told reporters after Thursday’s court session ended: “We’ve been patiently waiting for the truth to come out. It’s been lies, half-truths and cover ups till now.”

Prosecutors were not available for comment.

Gallagher is also charged with attempted murder in the wounding of two civilians – a schoolgirl and an elderly man – shot from a sniper’s perch in Iraq.

He maintains fellow SEAL team members in his platoon, who turned him in and are testifying against him under grants of immunity, are disgruntled subordinates who fabricated allegations to force him from command.

The court-martial has drawn national attention – including that of President Donald Trump who said last month that he is considering pardons for a number of military service members accused of war crimes, and Gallagher’s case was believed to be one of those under review.

Gallagher, a career Navy officer, was on his eighth deployment, this time to Iraq where SEALs were training Iraqi military as they pushed Islamic State fighters out of Mosul in a fight that went block by block through the war-ravaged city.

Iraqi forces came across the Islamic State fighter after he had been shot in the leg and was struggling to breathe during the fighting in Mosul. They tied him to the hood of a Humvee before driving two hours to their operating base, where he was placed on the ground and died 20 minutes later.

(Reporting by Marty Graham; writing by Bill Tarrant; Editing by Lisa Shumaker)

Family sues retailer for sale of gun used in Texas church massacre

Crosses are seen placed at a memorial in memory of the victims killed in the shooting at the First Baptist Church of Sutherland Springs, Texas, U.S., November 7, 2017. REUTERS/Jonathan

By Jim Forsyth

SAN ANTONIO (Reuters) – The family of a woman and two children killed when a gunman opened fire in a rural Texas church has sued the store that sold the assault rifle used in the deadliest mass murder in the state’s history, lawyers said on Friday.

The lawsuit filed this week in a state district court in San Antonio seeks at least $25 million from Academy Sports Outdoors, accusing it of being negligent in allowing the sale of the Ruger AR-556 used to kill 26 people at Sutherland Springs First Baptist Church on Nov. 5.

The retailer was not immediately available for comment and has previously told media it conducted all the required background checks.

The suit was brought by relatives of Joann Ward, who was fatally shot along with her daughters Emily Garcia and Brooke Ward.

The lawsuit claims that when the gunman, Devin Kelley, purchased the weapon in a San Antonio store, he entered an address in Colorado Springs on the federal Firearms Transaction Record form that needs to be completed before a firearm can be sold.

He obtained the weapon in Texas but it should have been sent to his Colorado residence, where he had been stationed with the U.S. Air Force, the lawsuit said.

“The Ruger should have never been placed in Kelley’s hands in Texas,” Houston Attorney Jason Webster, lead attorney on the case, said in a statement.

Kelley had a court-martial conviction for assault, which should have permanently disqualified him from legally obtaining a gun.

But the Air Force has acknowledged it failed to enter Kelley’s 2012 domestic violence offense into a U.S. government database used by licensed gun dealers for conducting background checks on firearms purchasers.

Another family, several of whose members were killed in the shooting, has filed a negligence claim against the U.S. Air Force over its failure to enter the name into the database.

(Reporting by Jim Forsyth in San Antonio; Additional reporting by Jon Herskovitz in Austin; Editing by James Dalgleish)

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)

 

Texas church gunman escaped mental facility in 2012 while facing court-martial

Texas church gunman escaped mental facility in 2012 while facing court-martial

By Jon Herskovitz and Lisa Maria Garza

SUTHERLAND SPRINGS, Texas (Reuters) – The former U.S. serviceman who committed the deadliest mass shooting on record in Texas escaped from a mental hospital in 2012 as he faced court-martial on domestic violence charges for which he was later convicted, a police report revealed on Tuesday.

The report also disclosed that police who were alerted to Devin Kelley’s escape were advised that he posed a “danger to himself and others” after being “caught sneaking firearms” onto the U.S. Air Force base in New Mexico where he was stationed.

The person who reported the escape, according to the report, further warned that Kelley, then aged 21, had been “attempting to carry out death threats” against his military commanders and “suffered from mental disorders.”

He was apprehended without incident at an El Paso, Texas, bus station shortly after he had run off, according to a police report filed in that city.

Kelley’s troubled Air Force background has been a focus of investigators in the tiny Texas town of Sutherland Springs since he stormed into a church there on Sunday with a semi-automatic assault rifle and opened fire on worshipers.

Authorities have said 26 people were killed in the assault, including the unborn child of a pregnant woman who was among the dead. Another 20 people were wounded, half of them still listed in critical condition as of Tuesday.

Officials said Kelley, 26, killed himself during a failed getaway attempt after he was wounded by an armed civilian who tried to stop him. Two handguns belonging to the killer also were recovered.

A major sporting goods dealer in San Antonio later confirmed that Kelley twice passed a required criminal background check when he bought guns there during the past year, despite having a criminal record that should have prevented those purchases.

Kelley was found guilty by court-martial in 2012 of assaulting his first wife and a stepson while serving at Holloman Air Force Base, where he was assigned to a logistics readiness unit, the Pentagon reported on Monday.

But the Air Force also acknowledged it inexplicably failed to enter his conviction into a government database that all licensed firearms dealers are required to use to screen prospective gun buyers for their criminal history.

Federal law prohibits anyone from selling a gun to someone who has been convicted of a crime involving domestic violence against a spouse or child.

On Capitol Hill, the Republican chairman of the U.S. House Armed Services Committee, Representative Mac Thornberry of Texas, called the failure to transmit Kelley’s record into the National Criminal Information Center (NCIC) system an “appalling” lapse.

The Air Force has opened an inquiry into the matter, and the U.S. Defense Department has requested a review by its inspector general to ensure other criminal cases have been reported correctly, Pentagon officials said.

Two U.S. senators, Republican Jeff Flake of Arizona and Democratic Martin Heinrich of New Mexico, said they planned to co-sponsor legislation aimed at ensuring that anyone convicted of domestic violence, whether in civilian or military court, would be blocked from legally purchasing a gun.

Firearms experts said the case involving Kelley, who spent a year in military detention before his bad-conduct discharge from the Air Force in 2014, exposed a previously unnoticed weak link in the system of background checks.

BEHAVIOR PROBLEMS AS STUDENT

Texas public school records also showed Kelley had numerous behavior problems as a student, including nine suspensions for such issues as drugs, insubordination, profanity, skipping classes and dishonesty between sixth grade and high school graduation.

His private adult life appears to have likewise been marked by turbulence.

After divorcing the woman he was convicted of assaulting, Kelley remarried in 2014, but authorities have said he became embroiled in some unspecified domestic dispute with her parents that involved him sending threatening text messages to his mother-in-law.

Kelley’s in-laws occasionally attended services at the First Baptist Church in Sutherland Springs but were not there when he attacked worshipers during Sunday prayers, authorities said.

“We have some indication of what the conflict was between the family,” Freeman Martin, spokesman for the Texas Department of Public Safety, told a Tuesday news conference. It was not clear what role, if any, the dispute played as a motivating factor in Sunday’s violence.

Kelley’s cell phone was sent to the Federal Bureau of Investigation’s crime lab at Quantico, Virginia, but specialists were not immediately able to gain electronic access to the device, said Christopher Combs, the FBI’s special agent in charge in San Antonio.

The massacre, which ranked as the deadliest mass shooting by a single gunman in Texas history, and one of the five most lethal ever in the United States, rekindled an ongoing debate over gun ownership, which is protected by the Second Amendment of the U.S. Constitution. Guns are part of the fabric of life in rural areas.

U.S. President Donald Trump told reporters he believed stricter reviews of gun purchases would not have stopped Sunday’s rampage.

“There would have been no difference,” Trump said during a visit to South Korea. He added that stricter gun laws might have prevented the man who shot Kelley from acting as he did. “You would have had hundreds more dead.”

(Additional reporting by Andrew Hay in New York, Patricia Zengerle in Washington and Idrees Ali traveling with U.S. Defense Secretary Mattis; Writing by Scott Malone and Steve Gorman; Editing by Jeffrey Benkoe and Lisa Shumaker)

Texas church shooter sent threatening messages to mother-in-law before rampage

Neighbours who live next to the site of a shooting at the First Baptist Church of Sutherland Springs are pictured, Texas, U.S. November 6, 2017.

By Jon Herskovitz and Lisa Maria Garcia

SUTHERLAND SPRINGS, Texas (Reuters) – A man court-martialed by the U.S. Air Force on charges of assaulting his wife and child sent threatening messages to his mother-in-law who sometimes attended the rural Texas church where he fatally shot 26 people, officials said on Monday.

Gunman Devin Patrick Kelley injured another 20 people when he opened fire in the white-steepled First Baptist Church in Sutherland Springs on Sunday. The attack ranks among the five deadliest mass shootings carried out by a single gunman in U.S. history.

As he left the church, Kelley, 26 was confronted by an area resident who shot and wounded him, authorities said. Kelley fled and the resident waved down a passing motorist and they chased the suspect at high speeds.

“This good Samaritan, our Texas hero, flagged down a young man from Seguin, Texas, and they jumped in their vehicle and pursued the suspect,” said Freeman Martin, a spokesman for the Texas Department of Public Safety.

Kelley called his father during the chase to say he had been shot and might not survive, officials said. He later crashed his vehicle, shot himself and died, they added. It was not clear if he died of the self-inflicted wound or those sustained in the gunfight, officials said.

Kelley was involved in a domestic dispute with the family of Danielle Shields, a woman he married in 2014, and the situation had flared up, according to officials and official records.

“There was a domestic situation going on within the family and the in-laws,” Martin told reporters outside the church on Monday. “The mother-in-law attended the church … she had received threatening text messages from him.”

Wilson County Sheriff Joe Tackitt said the family members were not in the church during Kelley’s attack.

“I heard that (the in-laws) attended church from time to time,” Tackitt said. “Not on a regular basis.”

Kelley at times had attended services at the church, U.S. Senator Ted Cruz of Texas told reporters at the scene.

“My understanding is that this depraved madman had worshipped at this church before,” Cruz said.

The attack came about a month after a gunman killed 58 people in Las Vegas in the deadliest shooting by a lone assailant in modern U.S. history.

The dead ranged in age from 18 months to 77 years.

Ten of the wounded in Texas remained in critical condition on Monday morning, officials said.

 

‘VIOLENT TENDENCIES’

Wearing a black bullet-proof vest and skull mask, Kelley used a Ruger AR-556 semi-automatic rifle in the attack, authorities said. They recovered two other weapons, both handguns, from his vehicle.

In rural Texas and in other states, gun ownership is a part of life and Republican leaders for years have balked at gun control, arguing that responsible gun owners can help deter crime.

Republican Texas Governor Greg Abbott told CBS News there was evidence that Kelley had mental health problems and had been denied a state gun permit.

“It’s clear this is a person who had violent tendencies, who had some challenges,” Abbott said.

A sporting goods chain said Kelley passed background checks when he bought a firearm in 2016 and a second gun in 2017.

Abbott and other Republican politicians said the mass shooting did not influence their support of gun ownership by U.S. citizens – the right to bear arms protected under the Second Amendment of the U.S. Constitution.

“This isn’t a guns situation. I mean we could go into it but it’s a little bit soon,” U.S. President Donald Trump told reporters while on a trip to Asia. “Fortunately somebody else had a gun that was shooting in the opposite direction, otherwise … it would have been much worse.”

Democrats renewed their call to restrict gun ownership.

“How many more people must die at churches or concerts or schools before we stop letting the @NRA control this country’s gun policies,” Democratic U.S. Senator Elizabeth Warren said on Twitter.

Vice President Mike Pence said on Twitter that he will travel to Sutherland Springs on Wednesday to meet with victims’ families and law enforcement.

Kelley was court-martialed in 2012 on charges of assaulting his wife and child, and given a bad-conduct discharge, confinement for 12 months and a reduction in rank, Air Force spokeswoman Ann Stefanek said. He was discharged in 2014.

The attack stunned Sutherland Springs, a community of about 400 people with just one blinking yellow traffic light. One family, the Holcombes, lost eight people from three generations in the attack, including Bryan Holcombe, an assistant pastor who was leading the service, a relative said.

John Stiles, a 76-year-old retired U.S. Navy veteran, said he heard the shots from his home about 150 yards (137 m) away: “My wife and I were looking for a peaceful and quiet place when we moved here but now that hasn’t worked out.”

 

(Additional reporting by Jane Ross in Sutherland Springs, Texas; Bernie Woodall in Fort Lauderdale, Florida; and Peter Szekely in New York; Writing by Scott Malone; Editing by Jeffrey Benkoe and Lisa Shumaker)