Thread: BRIAN TERRY Murder: The Real Shooter may Have Gotten Away

Agent Terry's murder: the real shooter may have gotten away
Posted: Mar 03, 2011 7:33 PM CST
Updated: Mar 03, 2011 11:28 PM CST

Reporter: Steve Nuñez

TUCSON (KGUN9-TV) – A fifth person involved in the shooting death of U.S. Border Patrol Agent Brian Terry may still be on the loose. An FBI search warrant filed in U.S. District Court in Tucson indicates that mysterious fifth person may have also been the trigger man.

According to the report, on December 14th four agents including Terry tried to apprehend at least five illegal immigrants in Peck Canyon, which is located near Rio Rico, Arizona.

One of the agents using thermal binoculars spotted two of the five illegal immigrants carrying rifles.

When the group approached the four agents, one of them identified himself as "police" and ordered the illegal immigrants to "drop their weapons."

When they refused, two agents then fired "less than lethal" bean bags at the armed illegal immigrants.

At this time, the report goes on to say, at least one of the suspected illegal immigrants fired at the agents.

Two border patrol agents then returned fire, one with his long gun and one with his pistol. The report does not state whether Terry ever fired his gun or not.

But during the shootout, Terry was shot with one bullet and died shortly after. One illegal immigrant was also shot.

The report also reveals, two days after the shooting FBI Agents interviewed Manuel Osorio-Arellanes. He agreed to talk to the FBI without the presence of an attorney.

According to the report, Osorio-Arellanes then confessed to the agents that he "raised his weapon" towards the Border Patrol Agents, but claims he did not fire his gun because he had realized who they were. That's when he was shot.

So the question remains: If Osorio-Arellanes didn't pull the trigger, who did? The report does not mention what happened to the four other suspects.

However, the FBI previously confirmed to KGUN9 News there were four suspects taken in to custody the night of the shooting.

But, as of today, only Osorio-Arellanes remains in custody. The feds have yet to charge him with Terry's murder. Right now, he's being detained on immigration charges for illegally re-entering the country. This charge carries a prison sentence between six months to two years.

Still, Nine On Your Side wanted to know why the feds have yet to charge Osorio-Arellanes with felony murder since he was an accomplice to Terry's murder.

Defense Attorney Michael Piccarreta, who is not connected to this case, explains that under the federal felony murder law there are only a few enumerated crimes that can form the basis for someone being convicted of a crime they didn't commit and pointing a gun at a federal agent is not one of them.

However, Piccarreta wouldn't rule out the feds building a case so Osorio-Arellanes is charged for felony murder under state law.

"If a death ensues in the course of a certain enumerated felony and under our example we're talking about drug offense, yes, it could be felony murder," said Piccarreta.

The FBI will not confirm if there's a fifth suspect or if investigators are still looking for a fifth suspect.

But Nine On Your Side has confirmed, the feds released and deported three suspects arrested the night of the shooting because they could not link them to Terry's killing. Osorio-Arellanes is the fourth suspect.

http://www.kgun9.com/global/story.asp?s=14184413

BPA Terry Was FORCED TO USE BEANBAGS Against Armed Mexica
http://www.alipac.us/ftopict-230203.html


BRIAN TERRY: Single shot killed border agent
http://www.alipac.us/ftopict-230179.html