ARIZONA NEWS

Sentence overturned in Arizona-stationed border agent’s killing that exposed ‘Fast and Furious’ sting

Aug 9, 2024, 6:27 PM

PHOENIX (AP) — An appeals court on Friday overturned the conviction and life sentence of a man found guilty of killing a U.S. Border Patrol agent whose death exposed the botched federal gun operation known as “Fast and Furious” has been overturned, a U.S. appeals court said Friday.

The 9th U.S. Circuit Court of Appeals vacated the convictions of Heraclio Osorio-Arellanes, saying his constitutional due process rights had been violated, and sent the case back to the U.S. District Court in Arizona for further proceedings.

Osorio-Arellanes was sentenced in 2020 in the Dec. 14, 2010 fatal shooting of Agent Brian Terry while he was on a mission in Arizona.

Osorio-Arellanes was convicted of first-degree murder and other charges after being extradited from Mexico. He was among seven defendants who were tried and convicted in Terry’s killing.

The appeals court said Osorio-Arellanes had confessed to “essential elements” of the U.S. government’s case against him while being interrogated in a Mexico City prison.

On appeal, he argued that he was entitled to a new trial because his confession was taken in violation of his Fifth Amendment right against self-incrimination, as well as his Sixth Amendment right to effective assistance of counsel. He also argued that he did not have a fair trial, and his attorney said he is illiterate and didn’t understand the proceedings.

The Obama administration was widely criticized for the “Fast and Furious” operation, in which U.S. federal agents allowed criminals to buy firearms with the intention of tracking them to criminal organizations. But the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives lost track of most of the guns, including two found at scene of Terry’s death.

Terry, 40 and a former U.S. Marine, was part of a four-man team in an elite Border Patrol unit staking out the southern Arizona desert on a mission to find so-called “rip-off” crew members who rob drug smugglers. They encountered a group and identified themselves as police.

The men refused to stop, prompting an agent to fire bean bags at them. Members of the group responded by firing AK-47-type assault rifles. Terry was struck in the back and died soon after.

“Our holding does not decide Osorio’s ultimate responsibility for his actions. The Government can still retry this case,” the appeals court said in its new ruling. “Nevertheless, his direct appeal reaffirms the potency of our Constitution’s procedural protections for criminal defendants, which ‘are granted to the innocent and the guilty alike.'”

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

Police are investigating an officer-related shooting in Phoenix on Wednesday that left two people i...

Bailey Leasure

Suspects’ car crashes while fleeing police-involved shooting in Phoenix

Police are investigating an officer-related shooting in Phoenix on Wednesday that left two people injured.

3 hours ago

One woman has died after a crash in north Phoenix Tuesday, authorities said....

Bailey Leasure

North Phoenix collision leaves 1 woman dead, another hospitalized

One woman has died after a crash in north Phoenix on Tuesday, authorities said.

4 hours ago

Collision in Peoria...

Danny Shapiro

2 dead in Peoria collision; speed, impairment possible factors

Two people, an 86-year-old woman and 90-year-old man, died after a collision in Peoria on Wednesday morning, authorities said.

4 hours ago

One man has died and another is in critical condition after a shooting in west Phoenix on Tuesday, ...

Bailey Leasure

1 dead, 1 hospitalized after west Phoenix shooting

One man has died and another is in critical condition after a shooting in west Phoenix on Tuesday, authorities said.

5 hours ago

Health care for prisoners in Arizona...

Associated Press

Lawyers for inmates ask judge to take over health care services in Arizona prisons

Lawyers for 25,000 people incarcerated in Arizona have asked a judge to take over health care operations in state-run prisons and appoint an official to run them, saying the state is not capable of fixing deep failures in care even though it has been required to do so over the last decade.

7 hours ago

Follow @ktar923...

Sponsored Content by Bright Wealth Management

How updating your estate plan is crucial in saving money

As you map out your estate plan, mapping out beneficiaries and keeping it up to date is key in order for the most funds possible to be passed down with ease.

Sponsored Articles

...

Bright Wealth Management

How IRAs are a helpful tool in retirement planning

When it comes to retirement planning, individual retirement accounts (IRAs) can be a great tool for income growth.

...

Bright Wealth Management

How to start your retirement planning early and avoid costly mistakes

Retirement planning can feel overwhelming, but with the right guidance, you can avoid costly pitfalls.

...

Day & Night Air Conditioning, Heating and Plumbing

Why a Heating Tune-Up is Essential Before Winter

PHOENIX, AZ — With cooler weather on the horizon, making sure your heating system is prepped and ready can make all the difference in staying comfortable this winter.

Sentence overturned in Arizona-stationed border agent’s killing that exposed ‘Fast and Furious’ sting