Manuel Osorio-Arellanes is the only defendant to face justice in the U.S. in the death of Agent Brian Terry, whose family is traveling to Arizona to attend the sentencing hearing. Prosecutors are seeking 30 years in prison for Osorio-Arellanes, who was wounded in the shootout on Dec. 14, 2010.
The gunbattle brought attention to the Fast and Furious operation in
which agents from the Bureau of Alcohol, Tobacco, Firearms and
Explosives allowed suspected gun smugglers to purchase weapons from
Phoenix-area shops with the intention of tracking them to Mexican drug
cartels. Agents allowed the purchase of 2,000 guns, but then lost track
of more than 1,400 of them. Two of those guns were found at the scene of
Terry's murder in southern Arizona, and dozens of others were found at
crime scenes in Mexico.
The Fast and Furious operation led to the resignation of top
officials and resulted in the country's chief law enforcement officer
being held in contempt after he refused to divulge documents for a
congressional investigation. The U.S. attorney assigned to Arizona also
resigned following his involvement in the sting.
Since the operation came to light, a congressional committee has
launched an investigation that was stifled after President Barack Obama
invoked executive privilege, allowing U.S. Attorney General Eric Holder
to withhold documents the committee sought. The House Oversight and
Government Reform Committee held Holder in contempt and sued for the
Still, the government has revealed little of what actually happened that night and its connection to Fast and Furious.
For example, authorities have not definitively linked the two guns
from the crime scene to the bullet that killed Terry. Nor is the fate
clear about two other suspects in Mexican custody who authorities hope
will be extradited to the U.S. The U.S. attorney's office that is
prosecuting the case has refused comment about the status of the
Osorio-Arellanes has maintained he was not the gunman who killed
Terry, and prosecutors say the evidence supports his claim. But they say
he is still liable for the killing because the murder occurred during
an attempted robbery in which he was a voluntary participant.
Terry's family members plan to visit the location where he was killed
in what will be their first time at the scene of the crime.
The Terry family has been a vocal critic of the government over the
operation, and some of them believe authorities are covering something
up. Terry's stepmother, Carolyn Terry, said the sentencing of
Osorio-Arellanes won't give the family any closure.
"We don't know what happened to him out there that night," she said.
An ATF spokesman declined to answer questions but provided a
statement in which the agency said it "accepted responsibility for the
mistakes made in the Fast and Furious investigation and at the Attorney
General's direction we have taken appropriate and decisive action to
ensure that these errors will not be repeated."
Osorio-Arellanes, one of five men involved in the shootout with
border agents patrolling the area, pleaded guilty to first-degree
murder. The men had sneaked into the country to rob marijuana smugglers
along the Mexico-Arizona border, authorities said. Two other suspects
have been charged and are in Mexican custody. The other two are
Authorities at the scene of the shootout found two rifles purchased
by a gun-smuggling ring that was being monitored by ATF agents. Members
of that ring have pleaded guilty to federal charges.
The shootout erupted as Osorio-Arellanes and others walked in a
single-file line toward a group of agents, according an account given by
Agents sitting atop a small hill and using night-vision gear could
see that rip-off crew members were carrying rifles and waited until the
men were close before an agent yelled "police" in Spanish. The gunmen
turned toward the agents and started to fire, setting off an exchange of
gunfire that killed Terry in a canyon near the city of Nogales.
"I'm hit," Terry told fellow agents, noting that he couldn't feel his
legs. Terry lost consciousness and died at the scene from a single
Prosecutors recounted details of the shooting in a court record filed
in advance of Monday's sentencing. The filing was accompanied by
written accounts from three Border Patrol agents who were with Terry as
Clay Hernandez, Osorio-Arellanes' lawyer, has not returned a call seeking comment.
Robert Heyer, Brian Terry's cousin, said Terry's mother and siblings
will attend the sentencing Monday, their first appearance in court since
Osorio-Arellanes' criminal proceedings began. The family lives in the
"In a sense that's one part of the justice piece. But there are four
other individuals we are waiting to be brought to justice," Heyer said.
"Until all of these men are brought to justice, the closure, you know,
we'll still be seeking closure with respect to the justice piece,