Suspect in daycare shooting was not legally allowed to have guns

INDIANAPOLIS — The man accused of killing his ex-girlfriend outside an Indianapolis daycare center on Friday was not believed to have firearms due to a recent national conviction, court records show.

On July 26, 2022, Orlando Mitchell pleaded guilty to a lesser charge of household battery as a misdemeanor in connection with Krystal Walton, the ex-girlfriend he is accused of killing.

As part of the July 2022 plea deal, Mitchell’s conviction was ruled a “domestic violence determination” and should have prohibited him from owning a firearm, according to the Marion County District Attorney’s Office.

Court records show that on July 26, Mitchell’s information was entered into the national Instant Criminal Background Check (NICS) system, which would have barred him from purchasing a gun.

“Once the conviction is entered into the NICS system, it would prevent individuals from purchasing firearms from a federally licensed dealer,” said Michael Leffler, spokesman for the Marion County District Attorney’s Office. , in an email to WRTV. “However, this likely wouldn’t affect purchasing online or at an event like a gun show.”

Indianapolis Metro Police Lt. Shane Foley said the IMPD does not have the authority to seize firearms because there is no registration in Indiana and police do not has no way of knowing if a person has firearms.

The IMPD could seize firearms if a judge specifically orders law enforcement to seize them from a dangerous or mentally ill person, such as under Indiana’s red flag law.

However, no such order was issued in Mitchell’s case, according to court records.

IMPD arrested Mitchell on Friday for shooting and killing his ex-girlfriend, Krystal Walton, although he has not been formally charged.

During the investigation, IMPD detectives located two firearms with Mitchell.

IMPD provided photographs of the two guns in a press release.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has conducted “urgent” searches on the two weapons, according to ATF spokeswoman Suzanne Dabkowski.

An urgent trace means that this is a situation where investigators need the results as soon as possible, with the goal of completing the trace within 24 hours.

The ATF did not provide specific details of the firearms allegedly used to kill Krystal Walton.

However, Dabkowski said the trace showed the guns were purchased more than five years ago and there was no indication of a straw purchase.

“It has been over five years since the guns were purchased, and there was no indication of a straw purchase,” Dabkowski said.

A straw purchase usually occurs when a criminal who cannot pass a background check asks another person, who can pass a background check, to buy guns for him.

They are illegal because criminals and other people who cannot pass a background check often ask other people who can pass a background check to buy guns for them.

In July 2022, Orlando Mitchell was sentenced to one year probation, 26 weeks of domestic violence counseling or abuser intervention, a no contact order for Krystal Walton (unless the contact does not involve child custody for their son) and a substance abuse assessment and any treatment recommendations, according to court documents.

The charges stem from a March 20, 2021 incident in which Krystal Walton called police saying her then-boyfriend Mitchell assaulted her when she was four months pregnant with her baby.

Walton is the woman who was killed Friday afternoon outside the daycare center, according to her family.

Walton also shares a daughter with another man, according to court records.

The 2021 altercation began because Mitchell was jealous of Walton’s ex-boyfriend with whom she has a daughter, prosecutors said.

Walton told police that Mitchell grabbed her by the hair and told her “he’s going to (expletive) kill her, that she has to get rid of the baby and that she’s going to make him kill her”.

Mitchell grabbed Walton by the hair as the girl, who was six at the time, tried to intervene, according to court documents.

“Let go of my mom!” the daughter told Mitchell, read court documents.

Walton told police Mitchell put her on the bed and began smothering her while her daughter still tried to intervene.

Walton was able to flee and go to his mother’s house, according to court documents.

“Mrs. Walton believes he will try to kill her and fears he will come to her temporary location,” reads the probable cause affidavit.

At the time of the incident, Walton and Mitchell had been dating for four years.

Mitchell violated the terms of the July 2022 plea agreement, according to the Marion County District Attorney’s Office.

The court found Mitchell violated his probation and issued a warrant on August 30, 2022.

On September 15, prosecutors filed three additional charges against Mitchell for invasion of privacy, intimidation and entering a residence.

The charges stem from an incident that occurred on August 6, 2022.

Walton told Mitchell police she was scared for her life after Mitchell broke into her home, even though Walton had a protective order against him, records show.

Walton said Mitchell told him, “this will be the last time you call anyone” after learning that Walton had called the police.

Krystal Walton told police that on August 7, 2022, she received a text message from Orlando Mitchell, which read, “You need to learn to be reasonable with me about my son. If you want to keep playing, I promise on my life that I won’t stop until you lose everything! This house, this job and (girl’s name). Then it’s up to you!!”

A second warrant was issued for Mitchell’s arrest on September 15, according to court records.

The district attorney’s office filed a motion the same day asking for “above standard bail” because Mitchell was already on probation in the 2021 domestic violence case.

The judge granted the request and the order stated that once Mitchell was recovered, he would be held in custody for 7 days, which means he would be held in the Marion County Jail for at least seven days.

Court records show that on August 18, Krystal Walton filed a motion with Johnson County Circuit Court to establish child support for her 1-year-old son.

The petition states that Krystal Walton and Orlando Mitchell never married and share a son together.

At the time of filing, there was no child support order in effect for the child.

Walton argued that Mitchell is able to pay some child support and obtain and maintain health insurance coverage for the child.

Walton asked the court to order Mitchell to pay child support that he deems “fair and reasonable under Indiana child support guidelines.”

The case was due to be heard on Monday, September 12. However, Mitchell did not appear in court, records show.

The judge rescheduled the case for Oct. 24 at 1 p.m.

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