Chicago mother killed after gunman allowed to keep guns

CHICAGO (CBS) — Domestic abusers with protection orders should be banned from owning weapons – the US Supreme Court upheld this federal law in a ruling dated June 21, 2024.

But domestic violence victims still face problems when they try to take guns away from their abusers during the restraining order process. This can be a dangerous moment for victims, but court sources say it is legally unclear whether judges have the authority to take away guns at this point.

China Mitchell went to court in October 2022 and obtained a restraining order against her ex-boyfriend Louie Foster, whom she accused of abuse. But she needed more than the injunction, said Pauline McQueen, who grew up in China.

“It didn’t help her,” McQueen said. “Nothing helped her.”

At the same hearing, Mitchell also requested a seizure warrant to take away Foster’s guns. On the court application she was required to fill out, Mitchell checked boxes indicating that he had a violent past, was suicidal and posed a danger to the public.

But the judge did not grant the search warrant. Court transcripts show that Mitchell’s request to put away the weapons was not mentioned once.

This is a problem, says Benna Crawford, an attorney at Legal Aid Chicago who represents victims of domestic violence.

“I think that was worse than being rejected,” Crawford said. “It was just ignored.”

In January 2024, Mitchell became one of the youngest victims of domestic violence to be shot by her abuser, according to police and court records. She was 33 years old and a mother of three children.

Mitchell was a security guard working on a Chicago Transit Authority rail line. Her friends called her “the diva” – always smartly dressed and always so nice.

“China was a helpful person,” McQueen said. “She helped everyone.”

Mitchell was also concerned about her safety, says her mother, Brenda Mitchell.

“China said, ‘I think he’s going to catch me and try to kill me,'” Brenda Mitchell said.

In her request for a restraining order, China Mitchell wrote that her ex-boyfriend “hit” her and said, “I’m going to break your neck (expletive).”

She said he “strangled” her until she was “unconscious.” Mitchell also said she held her daughter in her arms during part of the attack.

Mitchell wrote: “I bled on the baby.”

Illinois Domestic Violence Hotline: 877-863-6338

National Domestic Violence Hotline: 800-799-7233

Police said Foster found Mitchell on Jan. 15 outside a pawn shop where she liked to buy and sell jewelry. China Mitchell’s father, Frankie Mitchell, explains what police say happened after she ran into the store.

“China ran all the way through the house to the bathroom,” Frankie Mitchell said of the attack detailed in police and court documents. “He caught China in the bathroom and shot her in the chest. And when she fell to the floor, he shot her again in the side of the head.”

“You’d think he would have thought before he pulled the trigger because I’m pretty sure China said, ‘What about Olivia?'” McQueen said.

Foster is Olivia’s father. He pleaded not guilty to charges of murder and armed robbery.

At China Mitchell’s funeral, many people wore purple ribbons to raise awareness about domestic violence.

So many lives have been destroyed by a gun, an ex-boyfriend, and a system that can make it difficult to get guns out of the hands of abusers.

Data from the Cook County District Court shows that nearly 112,000 emergency orders have been issued in Cook County alone in the last decade. No one keeps track of the number of domestic violence victims who request gun confiscation.

However, district court records show that only 85 search warrants were issued to seize weapons.

“It’s an unreasonably low number, but it doesn’t surprise me,” Crawford said.

When judges decide whether to issue search warrants for weapons, they are often unaware of the criminal history of the accused perpetrators.

“We simply don’t want to see judges in a position where they have to make life-or-death decisions,” Crawford said.

A victim of domestic violence must present evidence in court of their abuser’s violent past. This was something Mitchell probably didn’t know.

Foster was a felon serving a prison sentence for a weapons offense and was therefore not allowed to legally own a gun.

“And as it turns out, without the order to take the gun away from him, she probably would have been seriously injured or killed,” Crawford said of Mitchell.

Mitchell’s parents are now raising their three children and are still mourning the death of their daughter.

“It seemed like she never left,” Brenda Mitchell said. “But it also seemed like she wasn’t coming back.”

On June 6, China’s 34th birthday, her family and friends gathered to release purple balloons. Her father has a special message for her.

“China, I love you and I miss you,” said Frankie Mitchell. “I say goodnight to you every night and good morning every morning. And I believe you are watching over me because I am doing my best for your children. I love you and I will see you later – but not now. But please save me a seat.”

Illinois lawmakers have drafted a bill that could solve this problem. It is called Karina’s Bill and was was stuck in Springfield for over a year.

The bill was named after a woman and her daughter who were shot by an abuser.

If you are a victim of domestic violence or know someone who is, you can contact the Clerk of the Circuit Court of Cook County for advice on how to obtain a protection order. The Network, an advocacy group for victims of domestic violence, has put together a toolkit to help you create a safety plan.