While it's unclear what exactly caused the 36-year-old to fail a background check, records indicate he had previously been arrested for evading arrest and criminal trespass in 2001.
Ator, 36, is accused of hijacking a mail delivery truck, murdering the U.S. postal worker driving it and continuing to a movie theater where he engaged in a shootout with police, eventually dying from injuries sustained there.
In addition to the dead in the Odessa shooting, at least 21 others were left injured, including a 17-month-old infant who had shrapnel sprayed across her chest. It is still unknown if Ator acquired the assault-style rifle legally, and police have not confirmed how he made the purchase. It is also unclear, despite Ator's criminal history and prior background check failures, whether he was prohibited from owning a firearm. Even if he was, a private sale may not have flagged Ator's prohibited status because background checks are only required at federally licensed dealers.
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