The family of Brian Terry was left “sickened” after a “Fast and Furious” linked murderer’s conviction was overturned in court.
“Our government has failed our family once again.”
https://youtu.be/2tGbk4tC46s?si=08nun0yZ6jCqxGyK
(Video: ABC15 Arizona)
On Dec. 14, 2010, United States 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 trials.
On Aug. 9, after arguments made in Feb. 2024, the United States Court of Appeals for the Ninth Circuit vacated the conviction and sentence of one of the men, Heraclio Osorio-Arellanes, freeing him from a life sentence.
“He had absolutely no clue, none whatsoever, about the charges. He had no clue about the applicable law,” an attorney for the defendant had argued during the February hearing as the case was made that both Fifth (right against self-incrimination) and Sixth Amendment (right to counsel) rights had been violated when Osorio-Arellanes had confessed while in a Mexican prison under the counsel of a Mexican attorney prior to his extradition.
“Because Osorio established his Sixth Amendment claim, the panel did not need to reach his Fifth Amendment claim,” the Ninth Circuit stated. “The panel rejected the Government’s argument that the absence of a Fifth Amendment violation would bar Osorio’s Sixth Amendment claim.”
Speaking with ABC15, Ralph Terry, uncle to Brian Terry and president of the Brian Terry Foundation expressed, “The Terry family does honor our Constitution, and the word of law. And the court says, ‘hey, we overturned it.’ We’re hoping that the district court will go back and refile charges and keep Brian’s murderer in prison.”
Terry’s death had famously exposed the gun-running operation “Fast and Furious” under then-President Barack Obama and Attorney General Eric Holder after two of the weapons connected to his murder were tied back to the operation that was permitting weaponry into the hands of cartels.
Now, whistleblowers have come forward asserting they were retaliated against for calling out the Department of Homeland Security for violating federal law, allowing violent criminals into the nation via the open border while others are marked clear from deportation by lax immigration judges. The family of Brian Terry spoke out against the outcome.
“We are sickened by this overturn and how our government is handling this case,” said the victim’s oldest sister Michelle Terry-Balough to Breitbart Texas. “Osorio-Arellano confessed he was involved and present in my brother’s death. He was part of a rip crew who were on US soil robbing other drug smugglers with firearms supplied by our previous government.”
“Our government has failed our family once again, first by denying their involvement with Fast and Furious gun running, and now overturning a life sentence of first-degree murder of a federal agent,” she went on. “We strongly urge our U.S. Prosecutors to renew the case and, once again, obtain a first-degree conviction.”
Likewise, Kelly Terry-Willis told the outlet, “We urge the legal system to prioritize justice and ensure the defendant is held responsible for his actions. Our country is not secured under the Biden/Harris administration. They have opened the doors to many dangerous people, and our agents and American citizens are at risk.”
Native of Brooklyn, NY, Kevin Haggerty is a graduate of Hunter College where he studied Cultural Anthropology and Geography. An avid reader and truth seeker, he currently resides in Texas with his wife and their dog and, when he isn't researching current events and their impacts, you'll find him spending time with friends and family or working on his next novel.
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