Texas church shooting: Air Force admits it failed to report Devin Kelley's past crimes

Published: Tuesday, November 07, 2017 @ 7:05 AM

Victims Of Texas Church Shooting

The U.S. Air Force has come forward to acknowledge a “misstep” that meant that Texas church shooter Devin Kelley’s name and criminal convictions were never entered into the National Criminal Information Center, an FBI information system that allows law enforcement officials to access crime data shared across agencies.

This meant that Kelley essentially had a clean record, even though he’d been court-martialed, dishonorably discharged and pleaded guilty to domestic abuse charges. Because his charges were never entered into the NCIC, they essentially didn’t exist.

>> Texas church shooting: Why federal law should have stopped Devin Kelley from buying guns

The Brady Handgun Violence Prevention Act of 1993 amended that Federal Gun Control Act of 1968 to affect a total of nine conditions that make someone ineligible to own a gun, according to the Bureau of Alcohol, Tobacco and Firearms. They’re serious offenses like felony charges, known substance abuse, a dishonorable discharge from any branch of the armed services, a misdemeanor (or higher) domestic violence conviction and others.

Kelley is now known to qualify as a “prohibited person” — i.e., barred from ever legally owning a gun — on two of those conditions. He received a dishonorable discharge stemming from domestic abuse charges that he pleaded guilty to in 2012, according to Military.com.

>> Texas church shooting: Scenes from home of gunman Devin Patrick Kelley

Kelley’s dishonorable discharge from the Air Force was executed in 2014. He was initially charged with five domestic abuse charges; under a plea deal created between his lawyer and Davis-Monthan Air Force Base in Tuscon, Arizona, he would plead guilty to just two of them.

>> Devin Patrick Kelley: What we know about Sutherland Springs Baptist Church shooter

Kelley pleaded guilty to one incident of domestic abuse in which he “struck his wife by beating her with his hands, kicking her, as well as choking her and forcefully pulling her hair” and another incident, a beating of a child under 16 in which he hit the child “on the head and body with a force likely to produce death or grievous bodily harm,” according to court documents reviewed by Military.com. These incidents occurred between 2011 and 2012.

Three additional charges were withdrawn and dismissed. They alleged that Kelley struck a child, as well as assaulted and threatened his wife by pointing both loaded and unloaded firearms at her.

>> Read more trending news

As for Kelley and owning a firearm, that should have been it. A convicted domestic abuser with a dishonorable discharge, he would have failed any background test run on him for the purpose of acquiring a permit or purchasing a weapon.

But his convictions never came up on background checks; they were never entered, according to the Air Force, which has pledged a “complete review of the Kelley case by the Air Force Office of the Inspector General” in a statement released Monday.

Police: Man swipes keys off store counter, steals manager's car, guns

Published: Saturday, November 18, 2017 @ 1:05 PM

Superior store manager T. Ginem says a thief stole his car and other valuable merchandise.
Fox13Memphis.com
Superior store manager T. Ginem says a thief stole his car and other valuable merchandise.(Fox13Memphis.com)

A business owner was helping a customer when a man grabbed his keys and stole his car and guns Thursday. 

The alleged thief also got away with thousands of dollars worth of merchandise, the manager told Fox13Memphis.com.

Superior’s store manager, T. Ginem, was helping a customer when the crime took place.

"While our attention was towards the other customers, [the man] reached over the counter and took the keys," Ginem said.

The incident was caught on a security camera. 

On the surveillance video, one of Ginem’s employees is seen walking into the store and setting the car keys on the counter.

Minutes later, a man snags them from the counter and takes off. 

>> Read more trending news

"He power walked out of here. We didn't realize the vehicle was gone until half an hour later,” Ginem said. 

The man can be seen on outdoor surveillance camera video hopping into the car and speeding off. The manager was not just upset with the car being stolen, he also had thousands of dollars in merchandise taken along with multiple guns.

"I had an AK-47, a 9 mm, and a 40 mm,” Ginem said.

This year, more guns have been stolen from cars than any other location.

According to Memphis Police Department numbers obtained by Fox13Memphis.com, in June and July alone, there were more than 100 guns stolen each month in the city.

"[I’m] extremely worried about the guns, man, because you don't want them in the wrong hands,” Ginem said.

A quick crime map of the area surrounding the store revealed eight carjackings and roughly 100 auto thefts in the last two months.

Ginem said multiple people have already told him who committed the theft.

"He just recently got out of jail. He has nothing to lose,” he said.

Memphis police are now trying to make an arrest.

Ginem said he is going to be thinking about the whole ordeal for a while.

"We are looking at least $12,000 [lost], so it is going to hurt my pocket, but it's a lesson learned,” he said.

Fox13Memphis.com was unable to confirm the suspect’s identity with police but authorities are asking for the public's assistance. Anyone with information about where the man is, or where the stolen items are located, is asked to call police.

Ginem said he is offering a $1,000 reward to the person who leads police to an arrest.

Pittsburgh hospital employee accused of exposing himself to patient

Published: Friday, November 17, 2017 @ 7:18 PM

Patient Accuses Hospital Employee Of Exposing Himself

A food server at a Pittsburgh hospital is accused of exposing himself in front of a patient. 

Police said Michael Booker, 37, a dietary server at University of Pittsburgh Medical Center Mercy, approached the female patient at the walking bridge that joins the parking garage and the hospital. 

>> Read more trending news

WPXI reported that the woman told investigators Booker approached her, said something vulgar and started fondling himself. 

Booker is facing charges that include open lewdness. Officials said he has since been terminated from his position as a server. 

Booker faces a preliminary hearing next month.

Grandma: Toddler who lost mom in shooting keeps waiting for her

Published: Thursday, November 16, 2017 @ 3:48 PM

Grandmother Says Toddler Who Lost Mother Still Waits For Her

­­On Thursday morning, Monique Burston sat in court, bracing herself on the shoulder of a man at her side, and listened to how her daughter died, how a 9mm bullet tore through the 21-year-old’s back in a car on Interstate 20 in DeKalb County, Georgia.

Burston thought of her grandson. Demarko Cade Jr., 2, used to go to the window and wait for his mom to get home from work every day, Burston said. The young mom would load him into the car and they’d just drive, to nowhere in particular.

"He's still sitting by the window,” Burston said. 

>> Read more trending news

The child’s mother, Airiyuanna Burston, died Oct. 26. She’d been riding in her boyfriend’s Jeep on the interstate in DeKalb County when a gunshot flashed from the back seat, traveling through her seat into her.

When police arrived, they found that the boyfriend’s cousin, Gregory Neal, 22, had been seated behind the victim. 

The cousins made up a story about another driver firing into the car in a fit of road rage. But Neal admitted he’d done the shooting after Detective Krischan Payton told him cops found a shell casing in the floorboard where he’d been sitting, Payton testified Thursday.

After “numerous” interviews, Neal offered to take police back to the scene and show them where he’d hidden the 9mm pistol up an embankment.

Payton said Neal told him the pistol had been laying on the back seat under his backpack. Neal said he moved the backpack and somehow accidentally fired the gun, which police believe.

“It was not an intentional shooting,” the detective said.

Payton said he knew of no animosity between the victim and the shooter.

Monique Burston isn’t convinced it was an accident and said she wants police to investigate further and hear out her theories.

Neal is already facing a felony murder charge. 

Under Georgia law, the crime doesn’t require intent to kill; it only requires that a death occurred while someone committed a felony. In Neal’s case, it was a felony for him to have the gun at all because he has felony convictions from a burglary case, police said.

Before the gun fired, Airiyuanna Burston had been working in a warehouse, was about to start a second job and planned to attend Emory University. She wanted to be a lawyer.

Monique Burston hurts for the lost potential and the loss. She worries about her grandson as he waits by the window in the dark. 

“You can see he's empty,” she said.

Man charged with driving lawn tractor while drunk

Published: Thursday, November 16, 2017 @ 5:58 AM

Man Accused of Driving Lawn Tractor While Drunk

A man in Aurora, Illinois, was arrested and charged with driving a John Deere lawn tractor in the street while drunk, WGN reports.

Ruben Garza, 50, faces several charges, including two counts of driving under the influence, after driving the lawn tractor in the street near Fifth and Ashland around 3:40 p.m Friday, police said.

Police said a witness said the man appeared drunk, seemed to be falling asleep and stopped to urinate in a yard in the 400 block of Ashland. Once he got back on his tractor, he almost hit a parked vehicle and began yelling at people as he drove the tractor, police said.

>> Read more trending news 

Police said an officer caught up to Garza in the 1100 block of Lebanon and ordered him to turn off the tractor. While he was being questioned, the officer said he smelled alcohol on Garza's breath and said he was slurring his speech.

The officer said Garza became belligerent and did not believe could be charged with a DUI because he was riding a lawn tractor. Garza then began to swear at the officer and threatened him, police said.

Garza was then taken into custody and the tractor was impounded. Garza also was charged with having no registration and operating an uninsured motor vehicle. He is due in court Dec. 5.

>> See the Facebook post here

Drunk driving is drunk driving… conventional vehicle or not

Posted by Aurora Police Department on Tuesday, November 14, 2017