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 in court.

“Our government has failed our family once again.”

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

On December 14, 2010, US 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 “break team” who opened fire while trying to avoid arrest. In the following years, seven men were convicted of Terry's death after a long process of extraditions from Mexico and trials.

On August 9, following arguments filed in February 2024, the United States Court of Appeals for the Ninth Circuit overturned the conviction and sentence of one of the men, Heraclio Osorio-Arellanes, freeing – him of life imprisonment.

“I had absolutely no idea, no idea at all, of the charges. I had no idea of ​​the applicable law,” a lawyer for the defendant had argued during the February hearing when the case was presented that both the rights of the Fifth (right against self-incrimination) and the Sixth Amendment (right to counsel) had been violated when Osorio. -Arellanes had confessed while in a Mexican prison under the advice of a Mexican lawyer before his extradition.

“Because Osorio established his Sixth Amendment claim, the panel need not reach his Fifth Amendment claim,” the Ninth Circuit said. he stated. “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, expressed, “The Terry family respects our Constitution and the word of the law. And the court says, 'Hey, we overturned it.' . We hope the district court will bring charges again and keep Brian's killer behind bars.”

Terry's death had exposed 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 killing were linked to the operation that allowed the weapons to reach the hands of the cartels. .

Now, the whistleblowers have come forward saying they did retaliated to call out the Department of Homeland Security for violating federal law, allowing violent criminals to enter the nation through the open border while others are marked for deportation by lax immigration judges. Brian Terry's family spoke out against the outcome.

“We are sickened by this reversal and how our government is handling this case,” he said the victim's older sister, Michelle Terry-Balough, to Breitbart Texas. “Osorio-Arellano confessed that he was involved and present in the death of my brother. He was part of a crew that was on American soil robbing other drug dealers with firearms supplied by our previous government.”

“Our government has failed our family once again, first by denying its involvement in the Fast and Furious shooting, and now by overturning a life sentence for first-degree murder of a federal agent.” , he continued. “We strongly urge our U.S. prosecutors to reopen the case and, once again, obtain a conviction in the first degree.”

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

Staff writer

A native of Brooklyn, NY, Kevin Haggerty is a graduate of Hunter College, where he studied Cultural Anthropology and Geography. An avid reader and seeker of the truth, he currently resides in Texas with his wife and dog, and when he's not researching current events and their impacts, you'll find him spending time with friends and family or working on his next novel the

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