Police did not pursue assault charge against Texas church shooter

Sheriff’s deputies admitted they did not pursue a sexual assault investigation that, in the end, may have prevented a Texas gunman from legally obtaining the firearm he used to slaughter dozens at a church in November.

Nearly four years before Devin Kelley gunned down 25 people, including a pregnant woman, at Firth Baptist Church in Sutherland Springs, a woman accused him of pinning her down and forcing her to perform oral sex, according to records released on Friday.

The unidentified victim reported the incident to the Comal County Sheriff’s office in June 2013 — just three days after the alleged assault occurred. In a handwritten statement to authorities, the woman claimed she’d gone to “hang out” with Kelley, but that he kept trying to kiss her despite the fact she repeatedly turned away.

“At some point he had me sit on the bed with him and he forced me to lay down,” she wrote. “Devin then sat on my chest with my arms restricted underneath.”

Then he tried to force her into oral sex, according to documents.

“I repeatedly told him no. He told me that if I didn’t open my mouth he would choke me. When I would bring my hands up to stop him he would restrict me again,” she detailed for police.

RELATED: What we know about Texas church shooting suspect Devin Kelley

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What we know about Texas church shooting suspect Devin Kelley
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What we know about Texas church shooting suspect Devin Kelley

Devin Patrick Kelley is accused of killing more than two dozen people in a shooting at the First Baptist Church in Sutherland Springs, Texas.

(Texas Department of Safety/Handout via REUTERS)

The 26-year-old live in this home in New Braunfels, Texas.

(REUTERS/Jonathan Bachman)

He was a member of the U.S. Air Force before discharged and court-martialed for reportedly assault his first wife and child.

(Photo by Ian Hitchcock/Getty Images)

Officials said Kelley was involved in a domestic dispute with the family of  a woman he married in 2014.

(Photo by Erich Schlegel/Getty Images)

He worked at Schlitterbahn Waterpark and Resort.

(Photo by Erich Schlegel/Getty Images)

Kelley used an AR-556 rifle and wore tactical gear during the attack, according to authorities.

(Photo Illustration by George Frey/Getty Images)

Two ex-girlfriends told NBC News that Kelley stalked them after breakups.

(Photo by Scott Olson/Getty Images)

Devin Patrick Kelley attended high school at New Braunfels High School.

(Photo by Erich Schlegel/Getty Images)

Authorities said Kelley called his father during the chase to say he had been shot and might not survive. He was later found dead in his vehicle. 

(Photo by Scott Olson/Getty Images)

A former schoolmate of Kelley told Reuters that he shared posts on Facebook about atheism and his assault weapon in recent years.

(Daniel Acker/Bloomberg via Getty Images)

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“He choked me with his hands until I opened my mouth.”

The Sheriff’s Office never filed charges against Kelley, despite the two-page statement detailing the sexual assault. The case was labeled inactive after authorities struggled to get in touch with the victim and it remained that way — even after authorities were called to Kelley’s home a year later to separately investigate a domestic complaint lodged against him.

"This was an error on the part of the sheriff's office," Comal County Sheriff Mark Reynolds said.

Kelley at that point should have been arrested, Reynolds said. But the department lacked a case-tracking database that would’ve alerted authorities responding to the domestic disturbance that he was the subject of a sexual assault investigation.

Reynolds, who became Sheriff last year, is now creating such a database.

The newly released documents also include a statement from Kelley’s ex-wife, Tessa Brennaman. She spoke with the victim a day after the alleged attack, explaining to her how Kelley abused her over the course of their one-year marriage.

“Devin would frequently choke, slap, kick and water-board her and one time even held a gun against her head,” according to the documents.

RELATED: Tributes to the victims of the Texas church shooting

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Tributes to the victims of the Texas church shooting
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Tributes to the victims of the Texas church shooting
Mourners attend a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
Texas Governor Greg Abbott attends a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Joe Mitchell
Brayleigh and her brother Branson attend a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
Community leader Mike Gonzales attends a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
Ramiro and Sofia Martinez attend a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
Sofia Martinez, 9, attends a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
A woman attends a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Joe Mitchell
Local residents take part in a candle light vigil for victims of a mass shooting in Sutherland Springs, Texas, US., November 5, 2017. REUTERS/Mohammad Khursheed
A woman and her children take part in a vigil for victims of a mass shooting in Sutherland Springs, Texas, US., November 5, 2017. REUTERS/Mohammad Khursheed TPX IMAGES OF THE DAY
Michaun Johnson attends a candle light vigil after a mass shooting at the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
Jordan Moy holds his 5 year old daughter Bryleigh Moy as he is interviewed across the street from a mass shooting site of the First Baptist Church in Sutherland Springs, Texas, U.S., November 5, 2017. REUTERS/Sergio Flores
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Kelley was court-martialed in 2012 and found guilty of assaulting Brennanman and fracturing his step son’s skill at an Air Force bas in New Mexico, where he worked as a logistics readiness specialist.

He was sentenced to 12 months confinement and handed a bad-conduct discharge. The military conviction should have prevented him from legally purchasing four guns in the years leading up to the massacre , but the Air Force never reported it to the FBI.

Had Kelley been prosecuted for the 2013 sexual assault, that conviction also would have precluded him from legally purchasing the weapon he used to slaughter men, women and children at a relative's church.

He died from a self-inflicted gunshot wound after being shot and chased by two residents when he was leaving the church, authorities said.

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