Blog.

Case Study One – Mass Shooting Sutherland Springs Church Massacre Law Firms – Justin Demerath of O’Hanlon, Demerath & Castillo, April Strahan of The Ammons Law Firm, Brett Reynolds & Associates, Thomas J. Henry Law, Jamal K. Alsaffar National Trial Law, Tom Jacob National Trial Law, Marion M. Reilly of Hillard Martinez Gonzales LLP In November of 2017 Devon Patrick Kelly, dressed in black tactical gear and armed with a Ruger AR-556 semi-automatic rifle open fired outside the First Baptist Church in Sutherland Springs, Texas killing two people outside of the church. He then entered through the right-side door of the church where the worshippers were attending their regular Sunday service yelling “Everybody dies, motherfuckers” as he walked up and down the aisle shooting. He was walking around killing people individually. A massacre that left twenty-six people dead and 20 injured. Many of the victims were children. Governor Greg Abbott stated that this was the worst mass shooting in the state’s history. Kelly was confronted by and traded fire with citizen Stephen Willeford, a local resident and former firearms instructor who was armed. Willeford, took cover behind a truck across the street from the church and fired at Kelley twice, once in the leg and once in the upper left torso. Willeford and another citizen Johnnie Langendorff pursued Kelley in a high-speed chase. Kelley eventually lost control of his vehicle and ended up in a ditch. He died of a self-inflicted gunshot wound to the head. Kelley was a former U.S. Airforce member who served from 2010 to 2014. Kelley previously served in logistics readiness at Holloman Air Force Base in New Mexico until his discharge in 2014, he received several awards during his time with the Air Force. He was responsible for moving passengers, cargo, and personal property in military transportation. Kelley was charged with multiple accounts of domestic violence assaults on his first wife and her child. Kelley physically assaulted his stepson by pushing him down, shaking him and fracturing his skull, causing a severe hematoma. Kelley pleaded guilty to assaulting his ex-wife and son and received a bad conduct discharge and reduction in rank and 12 months of confinement from the United States Airforce. The United States Air Force Stated that the domestic violence case was a general court martial, the most serious level of military trial proceedings, reserved for more serious crimes such as felonies in civilian jurisdictions. Kelley received a bad conduct discharge not a dishonorable discharge which would have prohibited him from purchasing a firearm. Federal law in Texas prohibits those convicted of a domestic violence to purchase firearms. The military is responsible for reporting those charges to the FBI. In hopes that those abusers don’t purchase firearms and can carry sentences of more than a year in confinement. The lawsuit was regarding this issue of not reporting Kelley to the FBI, there for he was not banned from buying a gun. Although the argument could be made that he could’ve purchased a gun in the black market. (reason for appeal) His friends and family had noticed him getting dark and he had depressing and disturbing social media posts leading up to the massacre. He posted a picture of his AR -15 with the caption “She’s a Bad Bitch” underneath. His motive for the shooting was a dispute with his mother-in-law. Ironically, she was not at the church on that day.