Suspect In Border Patrol Agent's 2010 Murder Arraigned In Tucson

TUCSON, AZ — The man accused of killing a U.S. Border Patrol agent near Tucson eight years ago was arraigned Wednesday in federal court in Tucson on first-degree murder charges. Heraclio Osorio-Arellanes had been in custody awaiting extradition since being arrested by Mexican authorities on April 12, 2017.

Border Patrol Agent Brian Terry was fatally shot on Dec. 14, 2010, when he and other agents encountered encountered Osorio-Arellanes and four other members of a “rip crew,” a criminal gang that attempts to steal from drug and alien smugglers, that was operating in a rural area north of Nogales.

Of the six defendants charged along with Osorio-Arellanes in the case, three have pleaded guilty, two were convicted following a jury trial, and one other defendant – Jesus Rosario Favela Astorga (arrested by Mexican authorities in October, 2017) – has not yet been tried. is pending extradition to the United States.

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The indictment charges the defendants with first-degree murder, second-degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, use and carrying a firearm during a crime of violence and assault on a federal officer. In addition to the murder of Terry, the indictment accuses the defendants of assaultingBorder Patrol Agents William Castano, Gabriel Fragoza and Timothy Keller, who were with Terry during the firefight with the rip crew.

This case is being prosecuted in federal court in Tucson by attorneys from the Southern District of California, Special Attorneys Todd W. Robinson and David D. Leshner. The U.S. Attorney’s Office for the District of Arizona was recised. The case is being investigated by the FBI. The Government of Mexico assisted in the apprehension and extradition. The Justice Department’s Office of International Affairs provided assistance with the extradition of defendant Osorio-Arellanes.

“The Department of Justice is pleased that the suspected killer of Border Patrol Agent Brian Terry has been successfully extradited to the United States and will now face justice for this terrible crime,” Attorney General Jeff Sessions said in a statement. “To anyone who would take the life of an American citizen, in particular an American law enforcement officer, this action sends a clear message: Working closely with our international partners, we will hunt you down, we will find you, and we will bring you to justice.”

U.S. Attorney Adam Braverman of the Southern District of California said the extradition of Osorio-Arellanes "reflects the steadfast commitment and tireless work of the United States and our law enforcement partners in Mexico, who shared the common goal of seeking justice for the murder of Agent Brian Terry."

"When an agent makes the ultimate sacrifice while serving his country, we must hold all the individuals who played a part in this tragic outcome accountable for their actions," he said in the statement. "This extradition moves that important goal forward.”

Photo via Shutterstock / media_digital