Midland-Odessa Shooter Got His Assault Style Rifle In A Private Sale

Tuesday update:

ODESSA, Texas (AP) — The gunman in a West Texas rampage that left seven dead obtained his AR-style rifle through a private sale, allowing him to evade a federal background check that blocked him from getting a gun in 2014 due to a “mental health issue,” a law enforcement official told The Associated Press.

The official spoke to The Associated Press Tuesday on condition of anonymity because the person was not authorized to discuss an ongoing investigation. The person did not say when and where the private sale took place.

Officers killed 36-year-old Seth Aaron Ator on Saturday outside a busy Odessa movie theater after a spate of violence that spanned 10 miles (16 kilometers) and lasted more than an hour, injuring around two dozen people in addition to the dead. He spread terror across the two biggest cities in the Permian Basin while firing indiscriminately from his car into passing vehicles and shopping plazas. He also hijacked a U.S. Postal Service mail truck, killing the driver.

Ator had tried purchasing a firearm in January 2014 but was denied, the Texas Department of Public Safety said in a statement Tuesday. The agency said it was precluded by law from disclosing why, but the law enforcement official told the AP it was due to a “mental health issue.”

Private sales, which some estimates suggest account for 25 to 40 percent of all gun sales, are not subject to a federal background check in the United States. If the person selling the firearm knows the buyer cannot legally purchase or possess a firearm, they would be violating the law. But they are not required to find out if the person can possess a firearm and are not required to conduct a background check.

The so-called “gun show” loophole means that Americans can buy a gun from an individual, get one bequeathed from a relative, obtain one through an online marketplace as well as from some dealers at gun shows — all without needing to go through a federal background check.

FBI special agent Christopher Combs said Ator “was on a long spiral of going down” and had been fired from his oil services job the morning of the shooting, and that he called 911 both before and after the rampage began. Online court records show Ator was arrested in 2001 for a misdemeanor offense that would not have prevented him from legally purchasing firearms in Texas.

Combs said Monday that Ator called the agency’s tip line as well as local police dispatch on Saturday after being fired from Journey Oilfield Services, making “rambling statements about some of the atrocities that he felt that he had gone through.” Fifteen minutes after the call to the FBI, Combs said, a Texas state trooper unaware of the calls to authorities tried pulling over Ator for failing to signal a lane change.

Ator fired on the trooper and fled, setting in motion a rampage that didn’t end until the gunman was killed at 4:17 p.m., according to Odessa police spokesman Steve LeSueur. That was one hour and four minutes after DPS said the trooper pulled over Ator.

In 2018, more than 26 million background checks were conducted. Of those, fewer than 100,000 were denied with the vast majority of those rejected because the person was found to have a criminal past that made them ineligible. Far fewer just over 6,000 were because the person had been involuntarily committed.

Gun-rights advocates have pushed back against efforts to include private sales, contending it would risk unwittingly turning someone into a felon for a private transaction with a friend or relative. They also argue that criminals will still get their hands on a firearm, regardless of what laws are on the books.

“In the guise of basically regulating private sales it creates a mechanism that is so labyrinthian that basically gun owners won’t be able to comply with it,” Michael Hammond, the legislative counsel for Gun Owners of America, told The Associated Press.

Gun-control advocates argue that the lack of a background check is making it too easy for the wrong people to skirt the background check system and get a gun. For example, on one well-known internet site for firearms sales, there were classified listings in recent days for about 1,700 long guns in Texas alone.

Combs said Ator “showed up to work enraged” but did not point to any specific source of his anger. Ator’s home on the outskirts of Odessa was a corrugated metal shack along a dirt road surrounded by trailers, mobile homes and oil pump jacks. Combs described it as a “strange residence” that reflected “what his mental state was going into this.”

Ator fired at random as he drove in the area of Odessa and Midland, cities more than 300 miles (482 kilometers) west of Dallas. Police used a marked SUV to ram the mail truck outside the Cinergy Movie Theater in Odessa, disabling the vehicle. The gunman then fired at police, wounding two officers before he was killed.

The number of mass killings so far this year has already eclipsed the total for all of last year. A teenager suspected of killing five family members in Alabama brought the total to 26 mass killings in 2019, claiming the lives of 147 people, compared with 25 mass killings and 142 deaths in 2018, according to a database by The Associated Press, USA Today and Northeastern University. The database tracks homicides where four or more people are killed, not including the offender.

Monday update:

The Associated Press reports the Midland-Odessa shooter was fired from his job and called 9-1-1 and the FBI:

ODESSA, Texas (AP) — The Latest on a shooting in West Texas (all times local):

2:30 p.m.

An FBI agent says the gunman in a West Texas rampage that killed seven people “was on a long spiral down” before he was fired from his job on the day of the shooting.

FBI special agent Christopher Combs said Monday that where 36-year-old Seth Aaron Ator lived was “a strange residence” and that the conditions “reflect what his mental state was going into this.”

Authorities say Ator was fired Saturday morning from his job at Journey Oilfield Services and made “rambling” phone calls to both the 911 and the FBI afterward. Combs says Ator had gone to work that day “in trouble.”

Ator was killed by police outside an Odessa move theater to end a chase that covered more than 10 miles (16 kilometers).

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2:15 p.m.

Authorities say the gunman in a West Texas rampage was fired from his job and called both police and the FBI before the mass shooting began.

Odessa Police Chief Michael Gerke said Monday that 36-year-old Seth Aaron Ator had been fired over the weekend from Journey Oilfield Services. He said both Ator and the company called 911 after being fired Saturday but that Ator was gone by the time police showed up. FBI special agent Christopher Combs says Ator’s statements on the FBI tip line were “rambling.”

Ator was stopped 15 minutes later by a Texas state trooper on an interstate for failing to signal a lane change. Authorities say Ator opened fire on the troopers and fled, shooting at random passers-by and vehicles.

Police gunned down Ator at a movie theater in Odessa to end the chase.

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1:30 p.m.

Republican Gov. Greg Abbott says the criminal history of a man who killed seven people in West Texas this weekend means “we must keep guns out of criminals’ hands.”

Abbott’s tweet Monday is similar to his comments that followed another mass shooting in El Paso last month, when the governor said firearms must be kept out of the hands of “deranged killers.” But Abbott, an avid gun rights supporter, has been noncommittal on tightening gun laws in Texas.

Police killed 36-year-old Seth Aaron Ator outside an Odessa movie theater Saturday to end a rampage that began when Ator fled a traffic stop. Court records show Ator was arrested in 2001 for a misdemeanor offense that would not have prevented him from legally purchasing firearms in Texas.

Abbott tweeted that Ator failed a previous gun background check and didn’t go through one for the weapon he used in Odessa. But Abbott didn’t elaborate on when Ator failed the background check or the reasons why.

His spokesman referred questions to the Texas Department of Public Safety, which didn’t immediately respond to requests for comment.

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11:30 a.m.

Authorities are expected to release more details about a gunman who killed seven people during a West Texas rampage amid reports that he lost his job the day of the shooting.

A news conference set for Monday afternoon is expected to reveal more information about 36-year-old Seth Aaron Ator and the Labor Day weekend shooting that also injured 22 people.

Authorities have said there are still no answers pointing to a motive for Saturday’s chaotic attacks in the cities of Midland and Odessa. The New York Times and Washington Post have reported that Ator lost his job on the day of the attack, citing unnamed officials. An FBI spokeswoman declined comment on those reports.

Ator had a thin criminal record in Texas and police say he had no active warrants when he fled a routine traffic stop that began the rampage.

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12 a.m.

Police say they are not sure why a man with a misdemeanor on his record and no warrant for his arrest erupted in a spate of violence after a routine traffic stop in West Texas, killing seven including a man slain outside his parents’ home and a teenager fatally shot as she left a car dealership with her family.

Authorities said that Seth Aaron Ator, 36, also injured 22 people Saturday afternoon before officers killed him outside a busy movie theater in Odessa.

Online court records show Ator was arrested in 2001 for a misdemeanor offense that would not have prevented him from legally purchasing firearms in Texas, although authorities have not said where Ator got the “AR style” weapon he used.

Authorities said those killed were between the ages of 15 and 57 years old but did not immediately provide a list of names.

Sunday update:

The Associated Press reports Saturday’s shooting in Midland and Odessa followed a traffic stop by law enforcement of a driver to failed to signal a left turn.

ODESSA, Texas (AP) — Authorities said Sunday they still could not explain why a man with an AR-style weapon opened fire during a routine traffic stop in West Texas to begin a terrifying rampage that killed seven people, injured 22 others and ended with officers gunning him down outside a movie theater.

Two law enforcement officials identified the shooter as Seth Ator, who records show is 36 years old. The officials spoke to The Associated Press on the condition of anonymity because they were not authorized to discuss the matter publicly.

Odessa Police Chief Michael Gerke had refused to publicly say the name of the gunman during a national televised news conference Sunday, saying he did not want to give the shooter notoriety. He had previously described the gunman as a white male in his 30s, and authorities told reporters that the shooter had a criminal record but did not go into detail

The gunman acted alone and federal investigators believe the shooter had no ties to any domestic or international terrorism group, FBI special agent Christopher Combs said. Authorities said those killed were between the ages of 15 and 57 years old but did not immediately provide a list of names. The injured included three law enforcement officers.

Gerke said there were still no answers as to the shooter’s motives. The shooting began Saturday afternoon with an interstate traffic stop where gunfire was exchanged with police, setting off a chaotic rampage during which the suspect hijacked a mail carrier truck and fired at random as he drove in the area of Odessa and Midland, two cities in the heart of Texas oil country more than 300 miles (483 kilometers) west of Dallas.

Combs said the gunman might have entered the Odessa movie theater where the chase ended if police had not taken him down.

“In the midst of a man driving down the highway shooting at people, local law enforcement and state troopers pursued him and stopped him from possibly going into a crowded movie theater and having another event of mass violence,” Combs said.

The shooting came at the end of an already violent month in Texas, where on Aug. 3 a gunman in the border city of El Paso killed 22 people at a Walmart. Sitting beside authorities in Odessa, Republican Gov. Greg Abbott ticked off a list of mass shootings that have now killed nearly 70 since 2016 in his state alone.

“I have been to too many of these events,” Abbott said. “Too many Texans are in mourning. Too many Texans have lost their lives. The status quo in Texas is unacceptable, and action is needed.”

But Abbott remains noncommittal about imposing any new gun laws in Texas at a time when Democrats and gun-control groups are demanding restrictions. And even as Abbott spoke, a number of looser gun laws that he signed this year took effect on the first day of September, including one that would arm more teachers in Texas schools.

The terrifying chain of events began when Texas state troopers tried pulling over a gold car mid-Saturday afternoon on Interstate 20 for failing to signal a left turn, Texas Department of Public Safety spokeswoman Katherine Cesinger said. Before the vehicle came to a complete stop, the driver “pointed a rifle toward the rear window of his car and fired several shots” toward the patrol car stopping him. The gunshots struck one of two troopers inside the patrol car, Cesinger said, after which the gunman fled and continued shooting.

Two other police officers were shot before the suspect was killed. Authorities say the trooper was in serious but stable condition on Saturday, and the other officers were stable.

Witnesses described gunfire near shopping plazas and in busy intersections

Dr. Nathaniel Ott was working at an Odessa emergency care center where he is the medical director when he gunshots. He rushed outside to find a woman in the driver’s seat of an SUV bleeding from a gunshot wound in the arm. Ott said that as he and a paramedic were working on the woman, the shooter drove back by, followed by police.

“The shooter drove within 30 feet of us and drove up that road,” Ott said Sunday, pointing to one of the streets leading past the shopping center where his facility is located. “The shooter was driving. It was insane. He was just everywhere.”

He said the woman was taken to a hospital and he doesn’t know how she’s doing.

Daniel Munoz, 28, of Odessa, was driving Saturday afternoon to meet a friend at a bar but first had to stop for gas. Once his tank was full, he returned to the road but had to yield to traffic coming off Interstate 20. As a car approached slowly, he immediately noticed what he feared to be the barrel of a rifle in the hands of the driver.

“This is my street instincts: When a car is approaching you and you see a gun of any type, just get down,” said Munoz, who moved from San Diego about a year ago to work in oil country. “Luckily I got down. … Sure enough, I hear the shots go off. He let off at least three shots on me.”

Saturday’s shooting brings the number of mass killings in the U.S. so far this year to 25, matching the number in all of 2018, according to The AP/USATODAY/Northeastern University mass murder database. The number of people killed this year has already reached 142, surpassing the 140 people who were killed of all last year. The database tracks homicides where four or more people are killed, not including the offender.

President Donald Trump has offered contradictory messages in reacting to recent mass shootings. Days after the El Paso shooting, he said he was eager to implement “very meaningful background checks” on guns and told reporters there was “tremendous support” for action. He later backed away, saying the current system of background checks was “very, very strong.”

On Sunday, Trump reiterated his more recent calls for greater attention to mental health. Trump has said new facilities are needed for the mentally ill to reduce mass shootings. However, some mental health professionals say such thinking is outdated, that linking mental illness to violence is wrong, and that the impact of more treatment would be helpful overall but would have a minor impact on gun violence.

Original story:

ODESSA, Texas (AP) — At least five people were dead after a gunman who hijacked a postal service vehicle in West Texas shot more than 20 people, authorities said Saturday. The gunman was killed and three law enforcement officers were among the injured.

Odessa Police Chief Michael Gerke said that in addition to the injured officers, there were at least 21 civilian shooting victims. He said at least five people died. He did not say whether the shooter was among the dead. It was not clear whether he was including the five dead among the at least 21 civilian shooting victims.

The shooting comes just weeks after a gunman in the Texas border city of El Paso killed 22 people after opening fire at a Walmart. Texas Gov. Greg Abbott this week held two meetings with lawmakers about how to prevent mass more shootings in Texas. He said he would visit the area Sunday.

The shooting began with a traffic stop where gunfire was exchanged with police, setting off a chaotic afternoon during which the suspect hijacked a U.S. Postal Service vehicle and began firing at random in the area of Odessa and Midland, hitting multiple people. Cell phone video showed people running out of the movie theater, and as Odessa television station KOSA aired breaking developments on live TV, their broadcast was interrupted by police telling them they had to clear the area.

Police initially reported that there could be more than one shooter, but Gerke says authorities now believe it was only one.

“Once this individual was taken out of the picture, there have been no more victims,” Gerke said.

Gerke described the suspect as a white male in his 30s. He did not name him but said he has some idea who he is.

Russell Tippin, CEO of Medical Center Hospital in Odessa, said 14 shooting victims were being treated at the hospital Saturday evening but he did not give their conditions or other information about the victims. Social workers and professional counselors are at the hospital to provide support to the families of shooting victims, Tippin said. He also said the hospital has been locked down for that safety of the staff and patients.

“Right now the hospital is stable, it’s secure,” Tippin said.

Dustin Fawcett was sitting in his truck at a Starbucks in Odessa when he heard at least six gunshots ring out less than 50 yards behind him.

At first, he thought it might have been a tire blowing but he heard more shots and spotted a white sedan with a passenger window that had been shattered. That’s when he thought, “Oh man, this is a shooting.”

Fawcett, 28, an Odessa transportation consultant, “got out to make sure everyone was safe” but found that no one had been struck by the gunfire nearby. He said a little girl was bleeding, but she hadn’t been shot, and that he found out she was grazed in the face.

Fawcett said authorities responded quickly and when police pulled out their rifles and vests he knew that “this is not a drive-by. This is something else, this is something bigger.”

Vice President Mike Pence said following the shooting that President Donald Trump and his administration “remain absolutely determined” to work with leaders in both parties in Congress to take such steps “so we can address and confront this scourge of mass atrocities in our country.”

Preparing to fly to Poland, Pence told reporters that Trump is “fully engaged” and closely monitoring the investigation. He said, “Our hearts go out to all the victims, the families and loved ones.” He also commended law enforcement “for their swift, courageous response.”

Pence said Trump has deployed the federal government in response to the shootings. He says Trump has spoken to the attorney general and that the FBI is already assisting local law enforcement.

Odessa is about 20 miles (32 kilometers) southwest of Midland. Both are more than 300 miles (483 kilometers) west of Dallas.

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