EXCLUSIVE: Family of Murdered Border Patrol Agent Disheartened After Court Overturns Killer’s Conviction

The family of murdered Border Patrol Agent Brian Terry expressed being sickened and disheartened after the recent decision by the U.S. Court of Appeals for the Ninth Circuit to reverse the conviction of the man charged with the agent’s death. The court vacated the conviction of Heraclio Osorio-Arellanes four years after the district court in Arizona convicted him of the December 14, 2010, murder of Agent Terry.

“We are sickened by this overturn and how our government is handling this case,” Terry’s oldest sister, Michelle Terry-Balough told 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.”

Federal prosecutors charged Jesus Rosario Favela-Astorga with first-degree murder in connection to the December 14, 2010, murder of Border Patrol Agent Terry in southern Arizona, Breitbart Texas reported at the time of the trial. Agent Terry, a Border Patrol BORTAC team member, responded with fellow agents to an area where Mexican “rip-crews” would attack migrants and drug smugglers. When the agents encountered the crew, crossfire left Agent Terry mortally wounded.

Investigators tied one of the weapons found at the scene of Terry’s murder to the Fast and Furious gun-running program conducted during the Obama-Biden administration. So far, no one in the federal government has been held accountable for their actions in the scheme.

“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. We strongly urge our U.S. Prosecutors to renew the case and, once again, obtain a first-degree conviction.”

Bureau of Alcohol, Tobacco, Firearms, and Explosives Agent John Dodson told Full Measure with Sharyl Attkisson, “When Border Patrol Agent Brian Terry was killed, I immediately noticed that my agency was attempting to cover up any link between the investigation and the strategy that we employed and the death of Agent Terry.”

Agent Terry’s other sister, Kelly Terry-Willis, told Breitbart, “We are disheartened by the overturning of this conviction, which has prolonged our family’s suffering and prevented closure. The illegal entry of the defendant into the country and the events of Operation Fast and Furious highlight the critical need for robust national security policies.”

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit ruled that the confession obtained from Osorio-Arellanes came while he was in custody in a Mexico City prison. The court ruled the confession was taken in violation of the accused’s Fifth and Sixth Amendment rights,’ Border Watch Daily reported. The court, in the ruling attached below, said the Mexican lawyer representing the defendant in Mexico City did not provide effective counsel.

The appellate court stated 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 prioritize justice and ensure the defendant is held responsible for his actions,” Kelly Terry-Willis added.”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.”Murdered b

The appellate court’s ruling “does not decide Osorio’s ultimate responsibility for his actions. The Government can still retry this case.

EDITOR’S NOTE: The case is United States of America v. Heraclio Oscorio-Arellanes, AKA Laco. D.C. No.4:11-cr-00150-DCB-LCK-4 in the U.S. Court of Appeals for the Ninth Circuit.

9th Circuit Ruling on Brian Terry Murder Case