Crime
Appeals Court Overturns Conviction of Border Agent’s Killer, Cites Violation of Rights Amid Distress from Victim’s Family
Clear Facts
- The U.S. Court of Appeals for the Ninth Circuit has reversed the conviction of Heraclio Osorio-Arellanes, who was initially charged for the December 14, 2010, murder of Border Patrol Agent Brian Terry.
- The court decided that Osorio-Arellanes’ confession, obtained while he was in custody in a Mexican prison, violated his Fifth and Sixth Amendment rights.
- Agent Terry’s murder weapon was associated with the “Fast and Furious” gun-running program, conducted during a previous administration. No one has been held accountable for this scheme to date.
The family of Brian Terry, a Border Patrol Agent tragically killed a decade ago, has voiced deep disappointment and distress following a recent decision by the U.S. Court of Appeals for the Ninth Circuit. This court reversed the conviction of Heraclio Osorio-Arellanes, the man initially sentenced for Terry’s murder.
“We are deeply disturbed by this overturn and the way our government is handling this case,” expressed Michelle Terry-Balough, Terry’s oldest sister. She added, “Osorio-Arellano confessed to involvement and presence at my brother’s death. He was part of a rip crew who were on US soil robbing other drug smugglers with firearms supplied by a previous government.”
Agent Terry was part of a Border Patrol BORTAC team and was responding to an issue involving Mexican “rip-crews” who used to attack migrants and drug smugglers. During this response, he encountered the crew and was fatally wounded.
A key piece of evidence, a weapon found at the scene of Terry’s murder, was linked to the Fast and Furious gun-running program – an operation conducted during a previous administration. Up until now, no one in the federal government has been held accountable for this operation.
“Our government has let down our family once again, first by denying their involvement with the Fast and Furious gun running, and now by reversing a life sentence for first-degree murder of a federal agent. We strongly urge our U. S. Prosecutors to reopen the case and reestablish a first-degree conviction.”
The court’s decision to overturn the conviction was based on the circumstances of Osorio-Arellanes’ confession. He was in custody in a Mexico City prison when he confessed, and the court ruled that this violated his rights under the Fifth and Sixth Amendments. The court also expressed concern regarding the effectiveness of his Mexican lawyer.
However, the court clarified their ruling “does not decide Osorio’s ultimate responsibility for his actions. The Government can still retry this case.”
“We urge the legal system to uphold justice and ensure the defendant is held responsible for his actions,” stated Kelly Terry-Willis, Terry’s other sister. She continued by expressing worry about national safety, stating, “Our country is not secure under the current leadership. They have opened the doors to many dangerous individuals, putting our agents and American citizens at risk.”
Let us know what you think, please share your thoughts in the comments below.
EDWARD
August 19, 2024 at 7:39 pm
“YES!!!!”
U S ARMY VETERAN , AMERICAN LEGION MEMBER & COLLEGE GRADUATE!!!!
Bob
August 20, 2024 at 9:31 am
You wil rarely ever get a decision based on law and common sense with the 9th, during one two year period several years ago, I believe the Supreme Court overturned 30 some decisions out of 34 or 36 of their decisions!
Cary
August 20, 2024 at 9:43 am
He was in a Mexican prison when he confessed, big deal; 1st & foremost he has no constitutional rights in our country cuz he’s an illegal alien which hav no rights on American soil PERIOD.
Red Shannon
August 20, 2024 at 9:54 am
For the writer to refer to the Barack Obama/Eric Holder administration as “a previous administration” is a grievous error of omission as well as being blatantly biased politically. There is simply no other explanation why the reader should be denied the facts of the Barack Obama/Eric holder Fast and Furious gun-running program’s involvement in this murder case.
“A previous administration” indeed! It was the Barack Hussein Obama/Eric Holder administration.
Dick Gizinia
August 20, 2024 at 10:02 am
When he was killed it was the then CURRENT administration of Obama. Not some other administration.
Fly4Vino
August 21, 2024 at 12:21 pm
Those unfamiliar with Fast and Furious – Another program to deceive the public and push the far left agenda.
In an effort to smear US Gun dealers and producers Eric Holder’s DOJ’s “Subsidiary”. BATF. was used to smear US gun makers, American Gun Owners and the entire nation.
Under the scheme when Texas gun dealers were reluctant to make the sale of large numbers of the firearms most commonly used by the drug cartels to suspicious persons the local Federal BATF agents would direct the TO MAKE THE SALE. The Why of the program was that Eric Holder and Obama wanted to get support for US gun restrictions based on the argument that they were used in crimes. Thus BATF agents were told to make sales which they would not have made.
What Holder and Obama wanted was A) More gun violence in Mexico B) Data to show that US Gun dealers were the problem. The thought was that by blaming US gun dealers they could obtain support for further restrictions.
In short Obama wanted more US made firearms to be used in the Mexican violence so as to gain support for more gun control.
This was the same Administration that went public with outrage over the shooting in Ferguson , calling it police brutality / murder . A year or so later the DOJ finally released the final report on Ferguson late on Friday night. That’s dump time as the story will not make the weekend talk shows which are already programmed and by Monday it will be old news.
After cities were burned, cops were attacked and a number killed in violence the DOJ finally releaed their report
A – Many of the self proclaimed eye witnesses so beloved by the TV networks later recanted their stories with many admitting they were not even there
B- The “Little Black Boy ” as the deceased was described by the press was actually an NFL running back sized guy who was also caught on TV strongarming the much smaller store attendant prior to the encounter with the officer
C- The deceased attacked the officer while the officer was still in his car, reaching in, striking the officer and struggling to obtain control of his gun, The gun fired during the struggle inside the truck
D- After the officer followed him the deceased again approached the officer to attack him and the officer fired.
F- The report concluded that the officer’s account of the shooting was remarkably consistent with the physical evidence and credible witnesses
Needless to say the press did not cover the story of the details of the finding or the tie to Fast and Furious.
The Obama / Holder accounting of US guns used in Mexican crimes omitted some critical information . In addition to US firearms the cartels use a large quantity of Soviet style weapons . However, because these could not be traced so they were ignored in the Obama Administration data so as to make private sale of US firearms to cartels as a major problem.
Frank
August 20, 2024 at 9:55 am
Sounds like Harris is down there leading them.
Bud
August 20, 2024 at 10:19 am
This decision is pure crap. Like most decisions from that court.
John Galt
August 20, 2024 at 10:43 am
“A previous administration?” Say it out loud. IT WAS OBAMA!
Della Schimmel
September 28, 2024 at 9:06 am
Criminals have more rights than the victims.