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Home News & Views Border News Defense attorney’s say suspects in death of BP Agent Brian Terry NOT US citizens
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Defense attorney’s say suspects in death of BP Agent Brian Terry NOT US citizens

Published on 01/01/2011 by

In response to Immigration Clearinghouse, Minuteman Project and others, questioning the possibility that the suspects in the murder of Border Patrol Agent Brian Terry might in fact be US citizens, due to the news blackout from authorities, defense attorneys for 2 of the four suspects are speaking out.

The 4 unidentified suspects are being held for illegal entry and nothing more at this time.

Federal public defender Heather Williams, whose client has been hospitalized since the night of the shooting and Leslie Bowman, a highly recognized defense attorney in Tucson, have broken the silence.

FEDERAL PUBLIC DEFENDER HEATHER WILLIAMS:

After being apprehended near where the shooting occurred northwest of Nogales near Peck Canyon, the four men are being held on charges of illegal re-entry after deportation. Three of the men have made their initial appearances in federal court but the fourth has not because medically he is not well enough.

We would think that because of the public news pressure, if they had enough evidence to go to the grand jury on this, they would have issued a press release on this already. We don’t expect anyone currently in custody to be charged with the shooting.”

“If the government doesn’t have solid evidence that one of the four actually shot agent Terry, it could be difficult to charge them under the federal felony murder law, which is less expansive than state murder law.”

TUCSON DEFENSE ATTORNEY LESLIE BOWMAN:

“My feeling is that they are probably looking for forensic evidence. Obviously, there was some kind of guns involved. They seized cell phones. They are probably looking for things like ballistics or fingerprints.”

“We have been trying to figure all of this out and basically we’ve been told that we are not going to be given any information until the government is ready. At this point, we know nothing.”

Both attorneys agree that if the FBI had enough information to charge their clients with murder, they would have done so by now.

So it appears that as was the case in the suspect shooting of Pinal County deputy Louie Puroll, investigators reached out and snatched the nearest and most convenient migrants they could find with an eye towards charging them with the crime. In the case of Puroll, they found no evidence and deported the suspects.

Terry’s death an incident of “Friendly Fire”

Agent Terry was shot in the back, resulting in the wounds that proved fatal. There is speculation he could have been a victim of “friendly fire”. In other words, he was shot in the back by fellow members of his BORTAC team.

Hugh Holub who writes VIEW FROM BAJA ARIZONA for the TUCSON CITIZEN has an interesting analysis and perspective on this case in and article titled “More rumors and few facts regarding the death of Border Patrol Agent Brian Terry”

I’m going to share some snippets of the article including what is purported to be an “incident log” from the scene. I have some real problems with this being factual as we’ll discuss later. The email could not be confirmed through it’s author

The real shocker was the following email from a Bob Price. I tried to chase down Mr Price about the email to no avail.

—– Forwarded Message —-
From: ”bprice777@comcast.net”
To: ”Price, Bob”
Sent: Mon, December 27, 2010 10:55:17 PM
Subject: Agent Terry United States Border Patrol

BORTAC Shooting Incident (11 TCANGL 121570000077)

On December 14, 2010, at approximately 11:13 p.m., a report of shots fired was broadcast over the radio by a member of TCA/BORTAC. The agent reported that an agent had been “hit” and that a possible bandit had been struck as well during the armed encounter. The area of the armed encounter is reported to be in an area known as “Peck Well”, near Rio Rico, Arizona.

Nogales Radio (KAK-865) immediately notified Emergency Medical Services (EMS), as well as Life Flight.

Field Operations Supervisor (FOS) Luke Bilow responded and set up a Command Post on Mesquite Seap, in an area known as “Peck Mesa”, where a landing zone was also established for the responding Life Flight. Supervisory Border Patrol Agents (SBPA) Knab and Johnson responded to the scene.

Air Assets: National Guard “Falcon One” and an OAM Blackhawk and Omaha 7AM” en route to assist in locating assailants.

On December 15, 2010, at 12:10 a.m., it was reported that there was one assailant in custody, with multiple gunshot wounds. A second Life Flight was contacted and is en route at this time.

The injured agent, identified as Brian Terry (Class #699/EOD 7/23/07), is currently in a Service vehicle being transported to the landing zone for the awaiting Life Flight helicopter.

Tucson Sector Investigations Branch SBPA Kevin Jones was notified of the situation.

A search for the outstanding assailants (reportedly 2) is ongoing.

Notifications:

11:19 p.m.: (A)APAIC Adame
11:19 p.m.: (A)PAIC Dikman
11:23 p.m.: ACPA Mark Rios

Updated information and timeline as of 2:38 a.m.

Six BORTAC Agents were conducting laying-in operations in the Peck Well area on December 14, 2010. At approximately 11:15 p.m., a group of approximately five individuals approached their position, coming from the east. BORTAC Agents identified that at least two of the individuals were carrying rifles. After identifying themselves as Border Patrol Agents, Detailer BORTAC Agent Gabriel Fragoza (Class 595/EOD; 7/11/05), from the Blythe Station/Yuma Sector, deployed two rounds from a less than lethal device (bean bags from shotgun). Agent Fragoza also discharged an unknown number of rounds from his Service issued sidearm.

BORTAC Agent Timothy Keller (Class 653/EOD: 1/16/07), from the Calexico Station/El Centro Sector, discharged an unknown number of rounds from his Service issued M-4 rifle. After the armed encounter, BORTAC Agent Terry called out that he was hit and couldn’t feel his legs. Agent Terry lost consciousness shortly thereafter.

Updated information and timeline as of 4:10 a.m.

SBPA Raul Chacon of the International Liaison Unit was contacted and he notified Mexican authorities of the situation. C-4 was contacted.

ICAD ticket# 2045 was created for the incident.

Arizona Department of Public Safety dispatching air assets to assist in the search for the outstanding assailant(s).

At 3:40 a.m., the wounded suspect arrived to the landing zone to be air lifted by Life Line to University Medical Center (UMC). Preliminary reports indicate the suspect was shot twice in the abdomen, and once in the upper back. The suspect is coherent and identified himself as Manuel OSORIO-Arellanes (DOB: 8-4-76, POB: Choix, SIN, Mex.).

At 3:41 a.m., Agent Terry was transported by EMS to the Tubac, Arizona Fire Station. Carroon’s Mortuary personnel will be transporting Agent Terry to Carroon’s Mortuary in Nogales, Arizona. Agent Terry is being escorted by Tucson Sector Honor Guard personnel.

The search continues for the outstanding assailant(s).

BORTAC Armed Encounter Timeline:

December 14, 2010

11:15 p.m.: BORTAC reports shots fired near Peck Well
11:18 p.m.: EMS/EMS Agents en route.
11:21 p.m.: Lifeflight and CBP/OAM contacted.
11:28 p.m.: Life Line en route.
11:33 p.m.: Air Omaha 7AM contacted.
11:35 p.m.: FOS Bilow sets up Command Post on Peck Mesa, near Gasline.
11:36 p.m.: National Guard Air Falcon One en route.
11:36 p.m.: Santa Cruz County Sheriff’s Deputies arrive at Command Post.
11:38 p.m.: Landing Zone (LZ) created at Command Post (N31.49879 W-111.07986)
11:39 p.m.: EMS at Command Post.
11:39 p.m.: Tucson Investigations Branch (Kevin Jones) contacted.
11:40 p.m.: Reported that the injured agent is unresponsive/no pulse.
11:41 p.m.: Air Omaha 7AM en route.
11:44 p.m.: Tucson Investigations Branch/CIT en route.
11:53 p.m.: Life Line standing by at Landing Zone.
11:58 p.m.: BORTAC Agents report one suspect apprehended (with gunshot wounds).
11:59 p.m.: Omaha 7A9 and Omaha 747 (Blackhawk) in the area.

December 15, 2010

12:03 a.m.: Second Life Line contacted for wounded suspect.
12:09 a.m.: Wounded BORTAC Agent (Brian Terry) loaded into vehicle.
12:10 a.m.: Second Life Line en route.
12:10 a.m.: Mobile Surveillance Unit relocated.
12:14 a.m.: Falcon One in area.
12:19 a.m.: Agents en route to Ramanote Well to head off outstanding assailant(s).
12:23 a.m.: FOB Agents mobilizing further east on Ruby Road.
12:38 a.m.: Second Life Line on site.
12:46 a.m.: BORTAC Agent Terry arrives to Landing Zone.
12:51 a.m.: BORSTAR from Blackhawk rendering assistance.
01:06 a.m.: Dr. Chan pronounces Agent Terry dead.
01:35 a.m.: Reported that there are four subjects in custody at this time (one being gunshot), with one subject outstanding but spotted.
02:04 a.m.: Falcon One goes 10-7 for fuel.
02:40 a.m.: TCA Sector Radio informs Nogales Station that DPS Air Ranger en route.
03:05 a.m.: DPS Ranger in the area.
03:25 a.m.: Falcon One 10-8, on scene to assist.
03:40 a.m.: Wounded suspect arrives to LZ, en route to University Medical Center.
03:41 a.m.: Agent Terry is transported to Carroon’s Mortuary in Nogales, Arizona, escorted by Tucson Sector Honor Guard personnel.

Twice deported POS involved in shooting death of Border Patrol Agent.

Bob Price Nunca Deje Que El Fuego Verde Se Apagare

The thing about the Price email is the description of the incident has a lot of gov-speak detail that is either a masterful work of fiction or is based on something real. Could not verify this email. So it is posted here more as an example of the kind of stuff that floats round the web in the absence of solid information.

Hulob takes the following section of the alleged email to make his point:

Six BORTAC Agents were conducting laying-in operations in the Peck Well area on December 14, 2010. At approximately 11:15 p.m., a group of approximately five individuals approached their position, coming from the east. BORTAC Agents identified that at least two of the individuals were carrying rifles. After identifying themselves as Border Patrol Agents, Detailer BORTAC Agent Gabriel Fragoza (Class 595/EOD; 7/11/05), from the Blythe Station/Yuma Sector, deployed two rounds from a less than lethal device (bean bags from shotgun). Agent Fragoza also discharged an unknown number of rounds from his Service issued sidearm.

BORTAC Agent Timothy Keller (Class 653/EOD: 1/16/07), from the Calexico Station/El Centro Sector, discharged an unknown number of rounds from his Service issued M-4 rifle. After the armed encounter, BORTAC Agent Terry called out that he was hit and couldn’t feel his legs. Agent Terry lost consciousness shortly thereafter

and in doing so concludes;

Sounds like there was a lot of gunfire in the dark and possibly Agent Terry could have been hit by friendly fire.

To figure that out, one would have to match bullets with guns…assuming the Border Patrol recovered the bandits’ weapons. It is standard procedure in state and local police shooting incidents to take all weapons used in the incident for forensic work…so by now the feds ought to know whose bullets hit Agent Terry.

If it turns out to be true that Agent Terry was hit with friendly fire, that does not for a second change the basic issue of the incident…we have armed bandits running around and BORTAC was out in the dark trying to protect the undocumented immigrants and the public who are prey for the bandits.

Brian Terry is a hero.

All the swirling rumors and claims just further emphasises the fact that the federal government is being really dumb in refusing to provide any substantive information about the incident.

There are a lot of issues that come up after an incident like this…some of which may not reflect well on the Border Patrol’s management. So be it. Problems don’t get resolved by hiding stuff.

We concur wholeheartedly with his conclusion and add our own.

The email does nothing more than provide a a very suspect timeline of the happenings in the desert that night and helps to “prove” the nonsense going around about,

  1. They illegal getting preferential treatment and medevac ahead of Agent Terry, which would not have happened unless paramedics ascertained that Agent Terry was deceased at the scene.
  2. It verifies the rather ridiculous theory that the BORTAC team were in the boonies armed with “bean bag” shooters.
  3. With all the rounds being fired by the BP BORTAC team, only one of the “suspects” was shot, supposedly in the foot? Seems these guys need more time on the range.
  4. And among other things, the allegation that Agent Terry’s body was taken to an EMT station in Tubac to be transferred to a mortuary service for transport to the funeral home, with an honor guard, at 0400 in the morning? C’mon people! Terry would have been life flighted to a Level  I Trauma Center such as UMC in Tucson.

It will be interesting to see the outcome of this investigation, unless the sweep it under the rug as they seem fond of doing in Arizona.

SOURCE MATERIAL:

And on a side note. The article from the Three Sonorans points out that;

On a different but related note, JT Ready and his NSM neo-Nazi crew are vowing revenge against Mexicans for killing Brian Terry. Looks like some bloody times ahead in Arizona 2011…

If this is true, we can only hope and pray that Jason and his gurly scouts are the losers in that battle. It’ll make the desert safer for everyone.

 
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