Family of slain Border Patrol agent ‘sickened’ by overturned conviction

Brian Terry’s family were left “sickened” after the conviction of a killer linked to “Fast and Furious” was overturned by the court.

“Our government has failed our family again.”

https://youtu.be/2tGbk4tC46s?si=08nun0yZ6jCqxGyK
(Video: ABC15 Arizona)

On December 14, 2010, U.S. Border Patrol Agent Brian Terry was killed in the line of duty when he and other members of the Border Patrol Tactical Unit (BORTAC) encountered a “rip crew” that opened fire while attempting to avoid arrest. In the years that followed, seven men were convicted in connection with Terry’s death after a lengthy process of extraditions from Mexico and court cases.

On August 9, after arguments presented in February 2024, the U.S. Court of Appeals for the Ninth Circuit overturned the conviction and sentence of one of the men, Heraclio Osorio-Arellanes, and he was spared a life sentence.

“He had absolutely no idea, nothing at all, about the charges. He had no idea about the applicable law,” an attorney for the defendant had argued during the February hearing when the case was argued that both the Fifth (right against self-incrimination) and Sixth Amendment (right to an attorney) rights had been violated when Osorio-Arellanes confessed while in a Mexican jail accompanied by a Mexican attorney prior to his extradition.

“Because Osorio established his Sixth Amendment claim, the panel need not address his Fifth Amendment claim,” the Ninth Circuit said. “The panel rejected the government’s argument that the absence of a Fifth Amendment violation would bar Osorio’s Sixth Amendment claim.”

Speaking to ABC15, Ralph Terry, Brian Terry’s uncle and president of the Brian Terry Foundation, said: “The Terry family honors our Constitution and the word of the law. And the court says, ‘Hey, we overturned it.’ We’re hoping the district court comes back and refiles the charges and keeps Brian’s killer in jail.”

Terry’s death brought to light the “Fast and Furious” arms trafficking operation under then-President Barack Obama and Attorney General Eric Holder, after two of the weapons linked to his murder were linked to the operation that diverted weapons into the hands of drug cartels.

Now whistleblowers have come forward claiming they were punished for criticizing the Department of Homeland Security for violating federal law by allowing violent criminals to enter the country through the open border while others are barred from deportation by lax immigration judges. Brian Terry’s family has spoken out against the outcome.

“We are sickened by this overthrow and how our government is handling this case,” the victim’s eldest sister, Michelle Terry-Balough, told Breitbart Texas. “Osorio-Arellano confessed to being involved and present at the death of my brother. He was part of a rip-off crew that robbed other drug smugglers on U.S. soil with firearms supplied by our previous government.”

“Our government has failed our family once again, first by denying their involvement in the Fast and Furious arms trade, and now by overturning a life sentence for the premeditated murder of a federal agent,” she continued. “We strongly urge our U.S. prosecutors to renew the case and, once again, obtain a premeditated murder conviction.”

Kelly Terry-Willis also told the outlet: “We urge the justice system to prioritize justice and ensure the defendant is held accountable for his actions. Our country is not safe under the Biden/Harris administration. They have opened the door to many dangerous people, and our officers and American citizens are at risk.”

Staff Writer

Kevin Haggerty, born in Brooklyn, NY, is a graduate of Hunter College, where he studied cultural anthropology and geography. An avid reader and truth seeker, he currently lives in Texas with his wife and their dog. When he is not researching current events and their impact, he is spending time with friends and family or working on his next novel.

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