A federal appeals court has overturned the conviction of a man accused of pulling the trigger in the 2010 shooting death of Border Patrol agent Brian Terry, whose case exposed the Obama-era “Fast and Furious” gun blunders.
The shocking reversal came after Heracrio Osorio Arellanes was extradited from Mexico and convicted of first-degree murder and other charges. He was one of seven defendants tried and convicted in the December 14, 2010, murder of Terry.
On Friday, the 9th U.S. Circuit Court of Appeals issued a decision to overturn the conviction after Osorio-Arellanes argued that his Fifth Amendment right against self-incrimination and his Sixth Amendment right to effective assistance of counsel were violated at his trial and subsequent conviction.
“Because Mr. Osorio established his Sixth Amendment claim, the Commission did not need to address his Fifth Amendment claim,” the ruling read. “The Commission rejects the Government’s argument that the absence of a Fifth Amendment violation barred Mr. Osorio’s Sixth Amendment claim.”
Man convicted of murdering Border Patrol officer Brian Terry draws attention to ‘Fast and Furious’
Heracrio Osorio Arellanes (right) was one of seven people charged with the murder of 40-year-old Border Patrol agent Brian Terry (left) on December 14, 2010, north of Nogales, Arizona. (U.S. Border Patrol)
The failed “Fast and Furious” operation saw federal agents allow criminals to buy guns in an attempt to go after criminal gangs.
However, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives had unaccounted for most of the guns, including the two found at the scene of Terry’s death.
Fast and Furious hearings slam Holder and DOJ for deception in gun-smuggling scandal
The failure of the Obama-era plan was revealed after Terry’s death, and his family sued the government.
Terry’s murder publicly exposed Operation Fast and Furious, in which US federal agents authorized criminals to purchase firearms in order to go after criminal organisations. (U.S. Border Patrol)
Terry 4-person team As a member of an elite Border Patrol unit, he monitors the southern Arizona desert, tasked with finding “rip-off” agents who are robbing drug smugglers of their money.
They encountered the group and identified themselves as police when they tried to arrest them.
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The men refused to stop, so officers fired bean bags at them.
The crew returned fire with AK-47 assault rifles, and Terry was shot in the back and died shortly thereafter.
Fox News Digital has reached out to the 9th Circuit Court of Appeals for comment.
