Man convicted of murdering border patrol agent has sentence overturned

By 
 August 19, 2024

A man convicted of murdering a member of the U.S. Customs and Border Protection has just had his guilty conviction overturned. 

The conviction was overturned last week by the 9th U.S. Circuit Court of Appeals, Fox News reports.

The Border Patrol agent who was murdered is Brian Terry. The incident took place on Dec. 14, 2010, and it is particularly well-known because, as Fox puts it, "[Terry's] death exposed the botched President Obama-era gun operation known as 'Fast and Furious.'"

Terry's family, as we will see, is "sickened" by the court's reversal, as are many Americans.

The latest

The man whose conviction has been overturned is Heraclio Osorio-Arellanes. He is one of the seven individuals who were convicted in Terry's death.

Fox reports:

On Friday, the 9th U.S. Circuit Court of Appeals released its decision to overturn the conviction after Osorio-Arellanes argued his Fifth Amendment rights against self-incrimination and his Sixth Amendment right to effective assistance of counsel were violated during his trial and subsequent conviction.

This reversal comes roughly four years after Osorio-Arellanes's conviction.

The court wrote, "Because Osorio established his Sixth Amendment claim, the panel did not need to reach his Fifth Amendment claim. The panel rejected the Government’s argument that the absence of a Fifth Amendment violation would bar Osorio’s Sixth Amendment claim."

The bottom line, though, is that Osorio-Arellanes's conviction has now been thrown out.

Terry's family responds

The family of Terry responded to the court's ruling in a recent interview with Breitbart News. There, the family said that it is "sickened" by the recent events.

"We are sickened by this overturn and how our government is handling this case," Michelle Terry-Balough - the oldest sister of Brian Terry - told the outlet.

She continued, "Osorio-Arellano confessed he was involved and present in my brother’s death. He was part of a rip crew who were on U.S. soil robbing other drug smugglers with firearms supplied by our previous government."

The family accused the government of "once again" failing them. They said:

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.

The government can still try its case against Osorio-Arellanes. Whether it actually will, remains to be seen.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson