USA TODAY US Edition

Gunman’s penalty exposes flaws

Military court criticized for how it handles domestic abuse cases

- Tom Vanden Brook

WASHINGTON – Almost five years ago, a military court dropped gun charges against Airman 1st Class Devin Kelley — who gunned down more than two dozen people in a Texas church Sunday — and gave him a oneyear sentence for attacking his wife and her 1-year-old child.

His sentence was “very light,” said Don Christense­n, the Air Force’s former top prosecutor, whose office oversaw the Kelley case. “Very light, but sadly not unusually light. I’ve done a lot of shaken-baby cases, and they almost always come in around a year of confinemen­t.”

Beyond the one-year sentence, the Air Force failed to put the conviction in the federal background check database, which in turn allowed Kelley to buy the AR-15 he used Sunday to kill 25 people, including a pregnant woman whose unborn child also died, and wound 20 at his mother-in-law’s church.

The military court considered allegation­s that Kelley pointed loaded and unloaded guns at his wife. He admitted he struck his infant stepson with force that could have killed, and he choked and kicked his wife, documents show.

The court dropped the gun charges against Kelley in exchange for a oneyear sentence for “domestic violence” for throttling his wife and child.

“In 2012, this member was properly charged, tried, convicted and sentenced by a panel of qualified Air Force members for assaulting his wife and minor stepson,” Gen. Robin Rand, who was the top officer who signed off on the conviction, said in a statement to

USA TODAY. “His prosecutio­n was in ac- cordance with the principles of our legal system and based on the evidence gathered and our ability to convict.”

Christense­n said the verdict in a civilian court probably would have been more harsh, but it is difficult to make direct comparison­s because of difference­s in state laws and facts in cases.

He said accused troops often get the benefit of the doubt by a court made up of fellow servicemem­bers.

The military justice system is illequippe­d to handle domestic violence cases, Christense­n said. Lower-level commanders can decide which abuse cases are sent for courts-martial, and they usually know the accused but not the victim.

Troops accused of domestic abuse “often lay the groundwork by complainin­g to their first sergeant, ‘My wife’s crazy.’ So when the wife finally does come forward, his superiors are ready to disbelieve her,” Christense­n said. “The belief is that she’s just out to get him. She’s just out to destroy his career.”

Afraid of their abusers and often dependent on them for support, the women often retract their accusation­s, Christense­n said. There has been a push to handle such cases through counsel- ing rather than demanding that serious domestic abuse cases be handled by courts.

Some troops feel that domestic problems should be kept within families, said Christense­n, president of Protect Our Defenders, an advocacy group for victims of sexual assault in the military.

“There are still too many in the military who view this as an issue between a man and his wife or a parent and his child,” Christense­n said. “We also have those who worry that if they give the guy a punitive discharge, it could hurt his family because it would limit his ability to make money.”

Kelley was given a bad-conduct discharge, which is less punitive than a dishonorab­le discharge.

He was busted to E-1, the lowest rank in the Air Force.

The Air Force acknowledg­ed Monday that Kelley’s conviction should have been reported to federal authoritie­s. That would have barred him from buying the weapons legally. The service announced it launched an investigat­ion to determine why that informatio­n was not transmitte­d to federal authoritie­s.

The Pentagon’s inspector general is reviewing the circumstan­ces of the case.

The investigat­ion, spokesman Bruce Anderson said, will review other types of informatio­n the military needs to supply for the National Crime Informatio­n Center database.

 ??  ?? A military court sentenced Devin Kelley to a single year for attacking his wife and her 1-year-old child.
A military court sentenced Devin Kelley to a single year for attacking his wife and her 1-year-old child.
 ??  ?? People stop Wednesday at a memorial near the scene of the Sutherland Springs shooting in Texas. COURTNEY SACCO/ USA TODAY NETWORK
People stop Wednesday at a memorial near the scene of the Sutherland Springs shooting in Texas. COURTNEY SACCO/ USA TODAY NETWORK

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