Suspect in agent’s ’10 death back in Arizona

Mexican national facing life in border gunfight

TUCSON — A sixth person charged in the 2010 murder of a U.S. Border Patrol agent in Arizona made his initial appearance in federal court on Wednesday afternoon.

Heraclio Osorio-Arellanes stood before U.S. Magistrate Judge Eric Markovich wearing shackles on his hands and his feet. He limited his response to questions from the judge to yes or no, using a court interpreter’s help.

Mexican authorities extradited Osorio-Arellanes to the United States on Tuesday. He faces nine counts, including first-degree murder, for the

shootout resulting in Agent Brian Terry’s death.

“We’re very pleased with how the Mexican and U.S. governments have cooperated with each other,” said Ralph Terry, Brian Terry’s uncle and the president of the Brian Terry Foundation, which provides scholarships to people interested in law enforcement.

“These are very difficult things to do and to bring to fruition, and we’re just very pleased that it’s coming like it’s coming,” he said. “These people are guilty. Five of them are already in jail, and two more have yet to go, and we want to see justice done.”

Osorio-Arellano is one of five men who formed a cartel rip crew, which robbed marijuana smugglers past the border. On Dec. 14, 2010, they encountered Terry and three other agents near Rio Rico. The encounter led to a gunfight, resulting in Terry’s death.

Markovich set the start of the murder trial for Sept. 11, and the deadline to reach a plea deal by Aug. 24. He also ordered that Osorio-Arellano be detained pending the trial’s start.

If convicted, he could be sentenced to life in prison for his role in the murder. As part of an agreement between the United States and Mexico, Mexican citizens extradited to the United States are ineligible for the death penalty.

Ralph Terry said he was OK with that, as long as the men charged with murdering his nephew were brought to justice.

“Personally, I’m not sure that having this person never being seen again would ever pay the price for Brian,” he said. “He can never pay back what he’s taken. Whatever the punishment is, it’s not enough.”

The Mexican Navy arrested Osorio-Arellano in April 2017 during an operation in northern Mexico. U.S. Customs and Border Protection said Wednesday that the FBI took custody of him Tuesday. They traveled to Houston before he was flown to Arizona for his initial appearance in court in Tucson.

“We never cease in our efforts to bring those involved in Agent Terry’s murder to the U.S. to face charges for their heinous actions,” CBP Commissioner Kevin McAleenan said in a statement. “I am grateful to our partners in the law enforcement community, both here and in Mexico, who joined us in bringing this criminal to face charges in a U.S. court.”

With Osorio-Arellanes in U.S custody, only one other person charged with Terry’s murder has yet to face charges in the United States.

Mexican authorities arrested Jesus Rosario Favela Astorga, the last remaining fugitive in the case, in October. The Mexican government has ordered his extradition to the United States, but he has appealed the decision, prosecutors said.