NATIONAL NEWS

Judge: Air Force Mostly At Fault in 2017 Texas Church Attack

Jul 7, 2021, 4:15 PM

SUTHERLAND SPRINGS, TX - NOVEMBER 10:  Visitors pay respects at a memorial where 26 crosses were pl...

SUTHERLAND SPRINGS, TX - NOVEMBER 10: Visitors pay respects at a memorial where 26 crosses were placed to honor the 26 victims killed at the First Baptist Church of Sutherland Springs on November 10, 2017 in Sutherland Springs, Texas. On November 5, a gunman, Devin Patrick Kelley, shot and killed the 26 people and wounded 20 others when he opened fire during Sunday service at the church. (Photo by Scott Olson/Getty Images)

(Photo by Scott Olson/Getty Images)

AUSTIN, Texas — A federal judge has ruled that the U.S. Air Force is mostly responsible for a former serviceman killing more than two dozen people at a Texas church in 2017 because it failed to submit his criminal history into a database, which should have prevented him from purchasing firearms.

U.S. District Judge Xavier Rodriguez in San Antonio wrote in a ruling signed Wednesday that the Air Force was “60% responsible” for the massacre at First Baptist Church in the small town of Sutherland Springs, where Devin Kelley opened fire during a Sunday service. Authorities put the official death toll at 26 because one of the 25 people killed was pregnant.

The attack remains the worst mass shooting in Texas history.

“The trial conclusively established that no other individual — not even Kelley’s own parents or partners — knew as much as the United States about the violence that Devin Kelley had threatened to commit and was capable of committing,” Rodriguez wrote.

Kelley had served nearly five years in the Air Force before being discharged in 2014 for bad conduct, after he was convicted of assaulting a former wife and stepson, cracking the child’s skull. The Air Force has publicly acknowledged that the felony conviction for domestic violence, had it been put into the FBI database, could have prevented Kelley from buying guns from licensed firearms dealers, and also from possessing body armor.

Rodriguez said that had the government done its job and entered Kelley’s history into the database, “it is more likely than not that Kelley would have been deterred from carrying out the Church shooting.”

An Air Force spokeswoman did not immediately return a request seeking comment.

Authorities said Kelley fired at least 450 rounds at helpless worshippers who tried taking cover in the pews. As he left the small wood-frame church, Kelley was confronted by an armed resident who had grabbed his own rifle and exchanged fire with him. Kelley fled as two Sutherland Springs residents gave chase, and died of an apparent self-inflicted gunshot wound after losing control of his vehicle and crashing.

Last month, the Texas Supreme Court ruled that survivors and relatives can’t sue a sporting goods chain where Kelley purchased an AR-556 semi-automatic rifle used in shooting. Academy Sports and Outdoors had appealed after two lower courts declined to dismiss lawsuits.

The lawsuit against the federal government was brought by family members of the victims. Rodriguez ordered a later trial to assess damages owed to the families.

KSL 5 TV Live

National News

Alison Smart and her daughter Ruby, Alison Smart is going up against a major drug company, trying t...

Daniel Woodruff

Utah mom enlists Mark Cuban in fight for daughter’s access to insulin

A Utah mom is going up against a major drug company, trying to keep a type of insulin on the market that she says is essential for her family.

10 hours ago

FILE - In this Wednesday, Aug. 1, 2007 picture, vehicles are scattered along the broken remains of ...

Trisha Ahmed and Valerie Gonzalez, Associated Press

Driving along … and the roadway vanishes beneath you. What’s it like to survive a bridge collapse?

What's it like to survive a bridge collapse? Survivors of past bridge failures in Minnesota and Texas tell The Associated Press that the collapse of the Francis Scott Key Bridge in Baltimore brings back harrowing memories of their own ordeals.

10 hours ago

In an aerial view, cargo ship Dali is seen after running into and collapsing the Francis Scott Key ...

Elizabeth Wolfe, Melissa Alonso and Yahya Abou-Ghazala, CNN

2 bodies found in truck under Baltimore bridge collapse as investigators end search for workers, police say

The bodies of two people were recovered from the Patapsco River Wednesday as officials searched the water after a container ship collision caused the collapse of the Francis Scott Key Bridge in Baltimore.

12 hours ago

FILE - No Labels leadership and guests from left, Dan Webb, National Co-Chair Dr. Benjamin F. Chavi...

Associated Press

Former Sen. Joe Lieberman, Democrats’ VP pick in 2000, dead at 82

Former U.S. Sen. Joe Lieberman of Connecticut, who nearly won the vice presidency on the Democratic ticket with Al Gore in the disputed 2000 election and who almost became Republican John McCain's running mate eight years later, has died, according to a statement issued by his family.

12 hours ago

In this photo provided by the Franklinville Volunteer Fire Company, firefighters attempt to get Dai...

Associated Press

Firefighters in New Jersey come to the rescue of a yellow Labrador stuck in a spare tire

Firefighters in southern New Jersey came to the rescue of a dog who got stuck in a spare tire.

15 hours ago

Costco's food court and its famous $1.50 hot dog and soda combo meal....

Nathaniel Meyersohn, CNN

Why Costco’s hot dog is still $1.50 when everything has gotten so expensive

Inflation has touched nearly everything these last few years, but Costco is holding the line on its hot dog-soda combo price.

16 hours ago

Sponsored Articles

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

Judge: Air Force Mostly At Fault in 2017 Texas Church Attack