Sex assault case against Sutherland Springs shooter fell apart in 2013, records show

Comal County releases records unveiling alleged victim quit cooperating in 2013

By Dillon Collier - Investigative Reporter

New Braunfels, TEXAS - Law enforcement records released by the Comal County District Attorney's Office Friday indicate that a 2013 sex assault case against Sutherland Springs shooter Devin Patrick Kelley fell apart after the alleged victim stopped cooperating with investigators.

The records, released after a ruling earlier this month from the Texas Attorney General's Office, show that Kelley was accused of forcing a woman to perform a sex act on him at his parents' home June 15, 2013.

A Comal County Sheriff's Office deputy was alerted to the possible sex assault three days later after responding to the New Braunfels Police Department.

The alleged victim, whose name is redacted throughout the reports, said that Kelley sat on top of her, pinning her arms underneath his legs and threatened to choke her, the report states.

RELATED: Texas church shooter Devin Patrick Kelley accused in 2013 Comal County sex assault case

Tessa Brennaman, Kelley's ex-wife, served as a "cry-out" witness for the alleged victim and told investigators Kelley frequently choked, slapped, kicked and waterboarded her, and once held a gun against her head, according to a Comal County Sheriff's Office detective report.

Brennaman told investigators she learned of the possible sex assault a day after it happened.

Records show the sex assault investigation was made inactive in October 2013 after a detective made at least four attempts to speak with the alleged victim, including leaving her three voicemails and sending her a letter.

Kelley served 10 months of military confinement, from June 2012 to April 2013, for assaulting Brennaman and fracturing the skull of her child, according to Air Force records.

Public records show Brennaman divorced Kelley during his confinement.

Kelley entered Sutherland Springs First Baptist Church Nov. 5, 2017, and shot and killed 26 people, officials said.

Kelley was later shot three times -- twice by an armed citizen and once by a self-inflicted gunshot wound -- and died.

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