Chicago mother murdered after abuser allowed to keep his guns

CHICAGO (CBS) — Domestic abusers who have a protective order should not be allowed to own guns. The U.S. Supreme Court upheld that federal law in a June 21, 2024 ruling.

But there are still challenges domestic violence survivors face when trying to get guns out of the hands of abusers during the emergency protection order process. It can be a dangerous time for victims, but court sources say the law is unclear as to whether judges currently have the authority to take guns away.

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

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

During the same hearing, Mitchell also requested a seizure order to have Foster’s guns seized. On the petition she was asked to fill out, Mitchell checked boxes warning that he had a history of violence, was suicidal and posed a threat to the public.

But a judge denied the order. Transcripts of the hearing reveal there was no mention of Mitchell’s request to remove the weapons.

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

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

According to police and court records, Mitchell became one of the latest domestic violence victims to be shot and killed by her abuser in January 2024. She was 33 and the mother of three.

Mitchell was a security guard who worked along a Chicago Transit Authority rail line. Her friends called her “the diva”: always dressed up and always so nice.

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

Mitchell also worried for her safety, said her mother, Brenda Mitchell.

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

In the petition for an emergency order of protection, China Mitchell wrote that her ex-boyfriend “hit” her and said, “I’m going to break your neck (swear word).”

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

Mitchell wrote: “I bled on the baby.”

Illinois Domestic Violence Hotline: 877-863-6338

National Domestic Violence Helpline: 800-799-7233

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

“China ran around the scene into the bathroom,” Frankie Mitchell said of the attack, detailed in police and court records. “He caught China in the bathroom and shot her in the chest. And then as she fell to the floor, he shot her again in the side of the head.”

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

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

China Mitchell’s funeral was filled with people wearing purple ribbons to raise awareness of domestic violence.

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

Records from the Cook County Clerk of Court show that in Cook County alone, nearly 112,000 emergency orders have been issued in the past 10 years. No one is tracking how many domestic violence survivors are requesting gun confiscation.

But Circuit Court Clerk records show only 85 warrants for the seizure of firearms have been granted.

“It’s an unfairly low number, but I’m not surprised,” Crawford said.

When judges decide whether to issue a warrant to seize firearms, they often do so without knowing the criminal backgrounds of accused abusers.

“It’s just not a position where we want judges making life or death decisions,” Crawford said.

A survivor of domestic violence must bring evidence of his abuser’s violent criminal history to court. That’s probably something Mitchell didn’t know how to do.

Foster was a criminal serving a sentence for gun possession and was not legally allowed to own a gun.

“And it turned out to be true: Without him removing his firearm, it was likely that she would be seriously injured or killed,” Crawford said of Mitchell.

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

“It was like she never left,” Brenda Mitchell said. “But it looks like she’s not coming back.”

On June 6, what would have been 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 good night to you every night and I say good morning to you every morning. And I think you’re watching me because I’m doing my best with your kids. I love you and I’ll see you later – just not yet. But make a reservation please get me a seat.”

Illinois lawmakers have introduced a bill that could help solve this problem. It’s called Karina’s Bill, and it has been lay dormant in Springfield for over a year.

The bill is named after a woman and her daughter shot by an abusive man.

If you are in a domestic violence situation or know someone who is, the Cook County Circuit Court Clerk can provide guidance on obtaining a protective order. The Network, an advocacy organization for victims of domestic violence, has put together a toolkit for drawing up a safety plan.