Agent Terry's murder: 3 suspects arrested will not be charged
posted: Feb 14, 2011 7:26 PM EST Updated: Feb 14, 2011 8:14 PM EST

Reporter: Steve Nuñez

TUCSON (KGUN9-TV) – Nine On Your Side has learned three of the four suspects arrested in the shootout that killed U.S. Border Patrol Agent Brian Terry will not be charged with his murder. In fact, all three suspects could be freed and deported sometime this week.

The FBI suspected bandits shot and killed Terry on the night of December 14th. Agents immediately arrested four suspects. But two weeks after Terry's killing, KGUN9 News learned the FBI had yet to charge them with murder.

The Federal Public Defender's office and private defense Attorney Leslie Bowman then sounded off by telling Nine On Your Side if the FBI had evidence it would have pinned murder charges on all four suspects.

"They rarely wait," said Bowman at the time. "They generally charge it from the beginning of the case."

On January 5th, the U.S. Marshal's in Tucson then reported a total of six suspects had been arrested in Terry's murder probe.

But the FBI denied the claim and confirmed to KGUN9 News it only knew of four suspects.

Then on January 13th, the U.S. Attorney's office indicted the four suspects but only on immigration charges for illegal re-entry after deportation. The felony charge carries a prison sentence between six months to two years.

Now, exactly two months after Terry's murder, Nine On Your Side has learned through sources close to the case, three of the suspects will plead guilty to lesser misdemeanor charges and are expected to be released and deported within the next several days.

That leaves one suspect in custody. The Federal Public Defenders office tells Nine On Your Side its yet to receive any type of formal disclosure or word from the U.S. Attorney's office clearing its client of Terry's murder.

Therefore, as far as it knows, its client continues to only face illegal re-entry charges. This same suspect was gravely injured and had to be hospitalized after his arrest.

The Federal Public Defenders office also said it's unusual for the U.S. Attorney's office to take so long to charge a suspect with murder if it has forensic evidence.

http://www.kgun9.com/Global/story.asp?S=14029119