Detainee, fugitives indicted for murder of BP Agent Brian A. Terry
Published Tuesday, May 10, 2011 11:10 AM CDT
http://www.nogalesinternational.com/articles/2011/05/10/news/
doc4dc9624905691407815060.txt
It took nearly five months, but federal prosecutors have finally
charged a Mexican man detained in the aftermath of the fatal shooting
of Border Patrol Agent Brian A. Terry with murder.
A federal judge on Friday unsealed a 14-count indictment that
includes second-degree murder charges against Manuel Osorio-
Arellanes, 34, of El Fuerte, Mexico, that stem from the Dec. 14, 2010
killing west of Rio Rico. He and unnamed co-defendants who remain
fugitives - including the alleged triggerman who fired the fatal shot
- also face charges of assault on a federal officer, carrying a
firearm to carry out a crime and re-entering the U.S. after being
deported. Osorio-Arellanes is named in eight of the counts.
"(The) indictment is an important step in this case, but it is only a
first step to serving justice on behalf of Agent Brian Terry, his
family, and the other agents who were with Terry and their families,"
U.S. Attorney Dennis K. Burke said in the statement.
The indictment alleges that Osorio-Arellanes was part of an armed
group of illegal border-crossers that got into a firefight with the
Terry and his elite tactical unit in an area known as Mesquite Seep.
At least two of the members of Osorio-Arellanes' group were carrying
assault rifles in the "ready position" when they encountered the
agents, according to the indictment.
The FBI said in court records that when the men refused to drop their
guns, two agents fired beanbag rounds at them. Two of the men then
fired at the agents, the indictment said, leading the officers to
return fire.
No other agents besides Terry were wounded, but Osorio-Arellanes was
shot during the gunfight and detained.
"His co-conspirators, including the gunman suspected of firing the
fatal shot, fled and are being sought in connection to the murder,"
the U.S. Attorney's Office said.
Three other illegal immigrants were arrested near the scene but were
later cleared of involvement in the shootout.
Osorio-Arellanes later told investigators that he had raised his gun
toward the agents but didn't fire at them, the FBI said in records.
He was arraigned Friday in Tucson and faces trial starting on June
17, 2011.
Randy Hill, the Border Patrol's chief patrol agent for the Tucson
Sector, praised the indictment.
"The Border Patrol is pleased that significant progress is ongoing in
this case," Hill said in a statement. "We will continue to do
everything possible to support the FBI and the U.S. Attorney's Office
in their efforts to bring justice to all parties responsible for the
murder of Agent Terry."
Records
Firearms records show that two rifles found at the scene of the
shootout were the same weapons being monitored by federal firearms
agents as part of a gun trafficking investigation.
Federal authorities have repeatedly declined to release information
about the shooting.
The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and
U.S. Customs and Border Protection have all denied Freedom of
Information Act requests that seek reports and other documents in the
investigation of the shooting, explaining that it's an open
investigation.
The Tucson Weekly reported that Osorio-Arellanes was detained in Mesa
on Nov. 17, 2003, for resisting arrest and was subsequently sentenced
to 18 months of supervised probation. He was arrested again in Mesa
on May 21, 2006, for aggravated assault on a police officer who was
responding to a domestic violence call from Osorio-Arellanes' wife.
Osorio-Arellanes was deported through Nogales on June 14, 2010,
according to the indictment.
Manuel Osorio-Arellanes Charged For The Murder Of Border Patrol Agent
Brian Terry
FOR IMMEDIATE RELEASEMay 6, 2011
http://www.justice.gov/usao/az/PR_05062011_Osorio_Arellanes.html
TUCSON - A federal district judge today unsealed a 14-count
indictment that includes charges against Manuel Osorio-Arellanes of
El Fuerte, Mexico, for the December 14, 2010, murder of U.S. Border
Patrol Agent Brian Terry. Osorio-Arellanes, and his co-defendants,
who are fugitives and whose identities remain under seal, also face
weapons and conspiracy charges in addition to charges for Second
Degree Murder.
The indictment was unsealed at Osorio-Arellanes' arraignment today
before U.S. District Court Magistrate Jacqueline Marshall in Tucson.
The defendant faces trial on June 17, 2011 before U.S. District Court
Judge David C. Bury in Tucson.
"Today's indictment is an important step in this case, but it is only
a first step to serving justice on behalf of Agent Brian Terry, his
family, and the other agents who were with Terry and their families,"
said U.S. Attorney Dennis K. Burke. "This is an active ongoing
investigation that is making more and more progress every day."
Burke added, "Agent Terry – who served his country honorably as both
a Marine and a member of the Border Patrol -- made the ultimate
sacrifice in service to the people of the United States. His family
deserves to see justice served, and everybody involved in this
investigation is deeply committed to making that happen."
Acting Special Agent in Charge Robert C. Rudge Jr., Phoenix Division,
said, "The arraignment of Manuel Osorio-Arellanes is the culmination
of efforts by the FBI, our law enforcement partners and the United
States Attorney's Office. As we move forward, we are mindful of the
Terry family and his colleagues at the U.S. Border Patrol. The FBI
and United State Attorney's Office will utilize all necessary
resources in an effort to ensure that those responsible for the
murder of Agent Terry are brought to justice."
"The Border Patrol is pleased that significant progress is ongoing in
this case. We will continue to do everything possible to support the
FBI and the US Attorney's Office in their efforts to bring justice to
all parties responsible for the murder of Agent Terry," said Randy
Hill, Border Patrol Chief Patrol Agent of Tucson Sector.
The indictment alleges that Osorio-Arellanes was part of an armed
group of illegal aliens that got into a firefight with Agent Terry
and other Border Patrol agents whom they encountered in a remote area
known as Mesquite Seep near Rio Rico, Ariz. One of the group shot
Agent Terry who died from his wound. Osorio-Arellanes, who was
wounded, was apprehended, treated for his injuries, and has been in
federal custody since on felony immigration charges. His co-
conspirators, including the gunman suspected of firing the fatal
shot, fled and are being sought in connection to the murder.
In addition, the defendant is charged with Conspiracy to Assault a
Federal Officer; Use and Carrying a Firearm in Furtherance of a Crime
of Violence; Possession of a Firearm by a Prohibited Person,
Possession of a Firearm by a Prohibited Person and Re-Entry After
Deportation. A conviction for second-degree murder carries a maximum
of life in prison. In determining an actual sentence, the assigned
United States District Court Judge will consult the U.S. Sentencing
Guidelines, which provide appropriate sentencing ranges. The judge,
however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with
criminal activity and raises no inference of guilt. An individual is
presumed innocent until competent evidence is presented to a jury
that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was led by the Federal
Bureau of Investigation. The prosecution is being handled by
Assistant U.S. Attorneys Jesse Figueroa and Liza Granoff, District of
Arizona, Tucson.
CASE NUMBER: CR-11-0150-TUC-DCB-JCG
RELEASE NUMBER: 2011-083(Osorio-Arellanes)
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