Feds confirm fifth man in custody in border agent's killing

**mapwife** · 01-05-2011, 01:20 PM

Feds confirm fifth man in custody in border agent's killing
By Brady McCombs Arizona Daily Star | Posted: Wednesday, January 5, 2011 10:06 am

A fifth man is in custody in connection with the Dec. 14 fatal shooting of a Border Patrol agent near Nogales, the U.S. Marshals office has confirmed.

The man was handed over to the U.S. Marshals on Tuesday to make his initial appearance in court, said Ray Kondo, assistant chief for the U.S. Marshals in Tucson. He was arrested in the area of the shooting on Dec. 14 but had been in the hospital, Kondo said.

He and the four others are being held on immigration charges for now, he said. Itâ€™s unknown if any of them will be charged in connection with the agentâ€™s killing.

The arrests of four people had been made public on Dec. 15 but it was unknown until recently if authorities had found a fifth suspect they were pursuing.

Border Patrol agent Brian Terry was killed during a shootout with suspected border bandits near Peck Canyon northwest of Nogales late in the evening of Dec. 14. The FBI, which is handling the investigation, hasnâ€™t made a public comment in weeks and the U.S. Attorneyâ€™s Office has not yet announced any criminal charges in relation to the shooting.

Terry, 40, was the 10th agent to die on duty in the Border Patrol Tucson Sector since 1926 and the first since 1998 to be killed. Terry was buried in his hometown of Detroit on Dec. 22.

A public memorial service in Tucson is planned for Jan. 21 at 11 a.m. at Kino Stadium, formerly known as Tucson Electric Park.

Contact reporter Brady McCombs at 573-4213 or bmccombs@azstarnet.com

http://azstarnet.com/news/local/crime/a ... ml?print=1

**nomas** · 01-05-2011, 03:37 PM

He and the four others are being held on immigration charges for now, he said. Itâ€™s unknown if any of them will be charged in connection with the agentâ€™s killing.

I for one do not like all the secrecy surrounding this case. As for the charges, can't they all becharged with murder? It was in the commission of a crime... I thought that was automatic.[/b]

**jamesw62** · 01-05-2011, 03:38 PM

Originally Posted by nomas

He and the four others are being held on immigration charges for now, he said. Itâ€™s unknown if any of them will be charged in connection with the agentâ€™s killing.

I for one do not like all the secrecy surrounding this case. As for the charges, can't they all becharged with murder? It was in the commission of a crime... I thought that was automatic.[/b]

thats only for border patrol shooting illegals and drug smugglers :lol: :lol:

**dregerk** · 01-05-2011, 03:51 PM

Well, this should really piss off the P. Corn's, Brian350's of the internet! They were so darn sure it was American Citizens who did this!

Guess these were just some "Friends" from Greenland AGAIN who were looking for some honest work!

Let the wack jobs on the left spin this one again!

God, when will these people wake up to the reality that Mexico...Oh I mean Greenland is not a good neighbor? Maybe never, just ship them all there.....

:roll: :roll: :roll: :roll:

**LadyStClaire** · 01-05-2011, 03:56 PM

Originally Posted by nomas

He and the four others are being held on immigration charges for now, he said. Itâ€™s unknown if any of them will be charged in connection with the agentâ€™s killing.

I for one do not like all the secrecy surrounding this case. As for the charges, can't they all be charged with murder? It was in the commission of a crime... I thought that was automatic.[/b]

I DON'T LIKE IT EITHER BUT, AS I POSTED HERE ON THIS MATTER LAST WEEK, I THINK THIS IS GOING TO BE COVERED UP BY THE FEDS. AND THOSE GUYS ARE NOT GOING TO SERVE NOT ONE DAY IN A PRISON FOR THIS MAN'S MURDER. OBAMA HAS GOT MORE BLOOD ON HIS HANDS THAN HE HAS FLOWING THROUGH HIS CORRUPT BODY :!:

**mapwife** · 01-05-2011, 08:53 PM

U.S. Marshal: 5th, 6th suspects arrested in agent murderPosted: Jan 05, 2011 11:39 AM MST
Updated: Jan 05, 2011 6:00 PM MST
Terry family says it's still in the dark
Terry murder: second defense attorney says client is innocentReporter: Steve Nunez and Forrest Carr
Web Producer: Ina Ronquillo

TUCSON (KGUN9-TV) - How many suspects are in custody with the death of Border Patrol agent Brian Terry? As of Wednesday afternoon, a great deal of confusion still surrounded that question.

On Wednesday morning the U.S. Marshal's office told 9 On Your Side that it had a fifth suspect in custody. An hour later, it added a sixth. Spokesman Chris DeRosa told KGUN9 News that law enforcement officers had arrested both suspects in the area where suspected bandits murdered Border Patrol Agent Brian Terry, taking them into custody shortly after the shooting.

On the morning after the shooting, the Border Patrol only announced the arrests of four suspects, and said it was looking for a fifth. That's the only official word anyone in law enforcement has released -- until now.

So how and why did that fifth and sixth suspect escape public notice?

DeRosa told KGUN9 News Wednesday morning that both of those additional suspects initially had been in the custody of Border Patrol, and were held at some other location. The U.S. Marshal's office did not take custody of those other two suspects until after their initial court appearance two days after the shooting, DeRosa said. He would not disclose where those two suspects had been held, or discuss why news of their capture had not been previously revealed to the public. But he did say that both of the additional suspects face immigration charges.

But if two other people are suspected of being connected to the Terry murder, that's news to the FBI, which is supposed to be the lead agency investigating the killing. On Wednesday FBI spokesman Manuel Johnson told KGUN9 News that the FBI has no information on the arrest of any additional suspects, and therefore could neither confirm nor deny whether the arrests had taken place.

When contacted by 9 On Your Side, the U.S. Attorney's office, which is responsible for prosecuting federal suspects, also refused to either confirm or deny the arrests of those two additional suspects.

Last week 9 On Your Side confirmed that the U.S. Attorney's office had informed the federal public defender's office of only four suspects. When contacted again by 9 On Your Side Wednesday morning, federal public defender Heather Williams said that as of Wednesday morning, the U.S. Attorney's office still had not mentioned the arrests of any additional suspects.

As 9 On Your Side reported last week, one of those original four suspects had to be hospitalized after his arrest the night of the shooting. KGUN9 News has now confirmed that the man was released from the hospital on Tuesday, and is now in the custody of U.S. marshals. The suspect made his first appearance in federal court the same day. His public defender told the court that the man had been gravely injured during his arrest, had undergone several surgeries, and still was in a great deal of pain.

The defender did not elaborate on how the suspect was injured. Williams also has declined to reveal that information to 9 On Your Side.

Three weeks after the shooting, the FBI has yet to file murder charges against any suspects -- however many may be in custody at this point Two defense attorneys contacted by 9 On Your Side have said they believe the FBI has nothing on their clients. One describes her client as a simple migrant worker who happened to be crossing the desert at the wrong time and place.

Johnson, the FBI spokesman, told KGUN9 News on Wednesday that it is under no time constraints to seek indictments. But Williams sees it a bit differently, telling KGUN9 News that if the FBI does not obtain an indictment at least on immigration charges by January 15th, then the suspects might go through only the normal proceedings for deportation. But she conceded that the FBI could still file murder charges, if it has a murder case, even after such deportation proceedings have begun.
http://www.kgun9.com/Global/story.asp?S=13788330