Sexual Assault Case Against Texas Church Shooter Dropped: Records

SUTHERLAND SPRINGS, TX — Devin Patrick Kelley, the man who authorities identified as the shooter who killed 26 people at a church in Texas in November 2017, was investigated for sexual assault in 2013 but the case was dropped when the victim reportedly did not return a detective's calls, according to record obtained by The San Antonio Express News.

The records, which were posted in full by the news outlet, show that a woman went to the Comal County Sheriff's office in June 2013 with the allegations against Kelley. The woman alleged that Kelley forced her to perform oral sex on him and choked her with his hands around her throat until she opened her mouth. The documents show that the woman told Kelley's ex-wife about the alleged sexual assault. Kelley's ex-wife told the officer investigating that Kelley would frequently "choke, slap, kick and water-board her and one time even held a gun against her head," the documents say. The documents include a handwritten statement from Kelley's accuser.

The documents show the detective assigned to the case sent a letter to the woman who made the complaint on Oct. 7, 2013 telling her that failure to respond within a reasonable amount of time would result in the case becoming inactive. In the letter, the detective said he had called and left messages for the woman several times and he needed to obtain a written statement from her.

On Oct. 14, 2013, the case was declared inactive pending contact from the victim.

According to The Express News, a sexual assault conviction would have stopped Kelley from purchasing guns, including the one used in the church shooting.

Comal County Sheriff Mark Reynolds told The Associated Press that detectives finally spoke to the victim in October. The investigation stalled when the detective investigating was unable to contact Kelley. Reynolds said Kelley should have been arrested when authorities were called to his home for a separate domestic violence incident in February 2014.

Kelley was also confined for 12 months in 2012 when he was in the Air Force after being accused of beating his wife and his infant stepson. After his confinement, he received a bad conduct discharge but the Air Force never reported that to the FBI, which also would have prevented him from buying a gun.

Photo: Texas Department of Public Safety via Associated Press, File