SUTHERLAND SPRINGS, Texas — Monday marked one year since the Sutherland Springs First Baptist Church shooting, to-date the deadliest mass shooting in a place of worship in U.S. history.

  • November 5 marks the one year anniversary of the Sutherland Springs shooting
  • Victims' families and survivors are suing the federal government
  • Claim incidents in suspect's past should have prevented him from carrying out the shooting

Victims' families and survivors are suing the federal government for allowing the suspect to slip through the cracks, but the federal government is asking that lawsuit be dismissed. The families of the Sutherland Springs victims say three incidents in the suspect's past should have each been enough to prevent him from carrying out the mass shooting. They include a domestic violence conviction, being incarcerated for a crime that carries at least a one-year sentence and being committed to psychiatric inpatient care.

Following the shooting, the U.S. Air Force admitted a breakdown in reporting meant the suspect's FBI profile had no red flags.

"[The suspect]'s domestic violence offense was not entered into the National Criminal Information Center database by the Holloman Air Force Base Office of Special Investigations," an Air Force spokeswoman said.

The suspect, who we've chosen not to name, joined the Air Force in 2010. By 2012, he was ordered to confinement at Peak Behavioral Health Services, a mental health hospital. He remained there from April 2012 through March 2013. According to his court martial records, the suspect made death threats to his commanding officers and planned to carry them out. Those records show he tried to buy a firearm while he was confined.

The suspect pleaded guilty in November 2012 to two counts of assault. Court martial records show he exhibited domestic violence against his wife and stepson. In one instance, the suspect admitted to investigators he fractured the infant's skull. The suspect was sentenced to 12 months confinement, issued a bad-conduct charge by the Air Force and had his military pay reduced to E1, the lowest level allowed.

In 2016 and 2017, court records show the suspect bought firearms in Colorado and Texas, and he cleared FBI background checks each time. Those checks did not have information regarding the suspect's court martial.

That prompted Sen. John Cornyn, R-Texas, to take action. He authored the "Fix NICS Act," which was signed into law March 23, 2018. It ensures those convicted of felonies and domestic abuse are not able to buy firearms.

"One year ago, Sutherland Springs, Texas endured what no one should ever have to," Cornyn said Monday. "Texans have poured their love and support into the First Baptist community, but the lives tragically taken that day can never be brought back. As we remember that solemn day, please join me once again in prayer for First Baptist Church, the victims of this senseless violence, and the entire Sutherland Springs community."

Lawsuits are now pending against the U.S. Air Force for its failure to report to the FBI, as well as Academy Sports + Outdoors for selling the firearms to the suspect. A September ruling by a U.S. District judge requires all cases against the federal government to be consolidated. A ruling on the federal government's motion to dismiss is expected in the coming weeks.