Church shooter's criminal history not reported to FBI

HOUSTON – Late Monday afternoon, The Associated Press reported that news of Devin Kelley’s criminal conviction at a New Mexico Air Force base had not been forward to the FBI, as instructed by the Pentagon.

The Air Force told Channel 2 that Kelley served in logistics readiness at Holloman Air Force Base in New Mexico from 2010 until 2014.

In November 2012, Kelly received a bad conduct discharge following a general court-martial. Kelley was convicted on two counts of assault involving his wife and child. Kelley received 12 months confinement and a reduction in grade.

In December 2013, Kelley attempted to have the conviction overturned and failed.

Rick Rousseau is a former judge advocate in the U.S. Army. He told Channel 2 that the crimes Kelley was charged with and convicted of in New Mexico are serious in any court of law.

"It appears that those are equivalent to an offense which would be punishable by more than a year, which means, basically, a felony," Rousseau said.

The Air Force said a dishonorable discharge or a bad conduct discharge does not always disqualify a former member of the armed services from purchasing a weapon.

But, Rousseau said, the original charge, along with another certain provision, should have kept a gun out of Kelley's hands.

"The Lautenberg Amendment (Domestic Violence Offender Gun Ban) is basically that if there is a conviction misdemeanor or felony of domestic violence, then you should not possess a weapon," Rousseau said.

In 2014, as a civilian, Kelley was charged with cruelty to animals in El Paso County, Colorado.

His neighbors called police after witnessing Kelley beating his dogs. The case was dismissed after Kelley completed a deferred sentence and paid restitution.

In June, Kelley got a license as a noncommissioned security officer and worked a brief stint as an unarmed guard at Schlitterbahn Waterpark and Resort in New Braunfels.

His employment was terminated after less than six weeks.