Chicago mom was killed after abuser was allowed to keep his guns

CHICAGO (CBS) -- Domestic abusers with protection orders are supposed to be banned from owning guns—the U.S. Supreme Court upheld that federal law in a June 21, 2024, ruling.

But there are still problems domestic violence survivors face trying to get guns out of the hands of abusers during the Emergency Order of Protection process. This can be a dangerous moment for victims, yet court sources say the law is unclear as to whether judges have the authority to take away guns at this point.

China Mitchell went to court in October 2022 and was granted an Emergency Order of Protection against her former boyfriend, Louie Foster, whom she accused of abuse. But she needed more than the order, said Pauline McQueen, who was raised with China.

"It didn't help her," said McQueen. "Nothing helped her."

In the same hearing, Mitchell also requested a seizure warrant to have Foster's guns taken away. On the court petition she was required to fill out, Mitchell checked boxes warning he had history of violence, was suicidal, and a threat to the public.

But a judge did not grant the warrant. Transcripts from the court hearing reveal there was not one mention of Mitchell's request to remove the guns.

This is a problem, said Benna Crawford, an attorney from Legal Aid Chicago—who represents domestic violence victims.

"It was worse, I think, than being denied," said Crawford. "It was just ignored."

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

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 kind.

"China was a helpful person," said McQueen, "She helped everybody,"

Mitchell also was worried for her safety says her mom, Brenda Mitchell.

"China said, 'I think he's going to catch me and try to kill me'," said Brenda Mitchell.

In the Emergency Order of Protection petition, China Mitchell wrote her ex-boyfriend "beat" her and said, "I'm going to break your neck, (expletive)."

She said he "strangled" her until she was "unconscious". Mitchell also said during some of the attack, she was holding her daughter.

Mitchell wrote, "I was bleeding on the baby".

Illinois Domestic Violence Hotline: 877-863-6338

National Domestic Violence Hotline: 800-799-7233

Police said on Jan. 15, Foster found Mitchell 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 inside the business.

"China ran around the place into the bathroom," said Frankie Mitchell about the attack detailed in police and court records. "He caught China in the bathroom and shot her in the chest. And when she fell on the floor, he shot her again in the side of the head."

"You would think he would think before he pulled that trigger, because I'm pretty sure China said, 'What about Olivia?'," said McQueen.

Foster is Olivia's dad. He pleaded not guilty to charges of murder and being an armed habitual offender.

China Mitchell's funeral was packed with people wearing purple ribbons for domestic violence awareness.

So many lives were ripped apart by a gun, an ex-boyfriend, and a system that can make it hard to get guns out of the hands of abusers.

Data from the Clerk of the Circuit Court of Cook County shows in Cook County alone, during the past 10 years, nearly 112,000 emergency orders were granted. No one tracks the number of domestic violence survivors requesting guns be removed.

But the Circuit Court Clerk's records show only 85 gun seizure warrants were granted.

"It's an inappropriately low number, but it isn't surprising to me," said Crawford.

When judges decide whether to issue gun seizure warrants, they often do so while not knowing the accused abusers' criminal backgrounds.

"It's just not a position that we want judges to be in, to make life or death decisions," said Crawford.

A domestic violence survivor has to bring proof of their abuser's violent criminal history to court. That is likely something Mitchell did not know to do.

Foster was a felon who served time relating to a gun charge and could not legally own a gun.

"And as it turned out to be true, without the issuance of that removing his firearm, she was likely to be seriously harmed or killed," Crawford said of Mitchell.

Mitchell's parents are now raising her three children and continue grieving their daughter's death.

"It seemed like she never left," said Brenda Mitchell. "But it seems like she's not coming back either."

On June 6, what would have been China's 34th birthday, her family and friends gathered to release purple balloons. Her dad has a special message for her.

"China, I love you, and I miss you," said Frankie Mitchell. "I tell you goodnight every night, and I tell you good morning every morning. And I think you're looking over me because I'm doing the best I can with your children. I love you, and I'll see you later—just not yet. But please save a seat for me."

Illinois lawmakers have been sitting on a bill that could help fix this problem. It's called Karina's bill, and it has been stalled for more than a year in Springfield.

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

If you are in a domestic violence situation or know someone who is, the Clerk of the Circuit Court of Cook County has guidance on getting a protection order . The Network, an advocacy group for domestic violence victims, put together a toolkit on how to create a safety plan.