Shaq Davis
The Arizona Daily Star, Tucson
TUSCAN, Ariz. — One of the men linked to the fatal shooting of U.S. Border Patrol Agent Brian Terry in 2010 was convicted of murder Tuesday afternoon, officials said.
Heraclio Osorio-Arellanes was a part of an armed five-person crew in search of drug smugglers to rob from Mexico into the United States before the fatal shooting, a U.S. Department of Justice news release said.
He was convicted of: first-degree murder, second-degree murder, conspiracy to effect interstate commerce by robbery, attempted robbery, assault on four agents and carrying a firearm during a violent crime, the release said.
Terry, 40, was part of the elite Border Patrol unit attempting to arrest the group north of Nogales, Arizona when shots rang out Dec. 14, 2010.
A bullet from an AK-47 assault weapon struck Terry’s spine severing his spinal cord and aorta. Agents were not able to save him.
Investigators collected four loaded AK-47 assault weapons, an AR-15 semi-automatic assault weapon, 180 rounds of ammunition and food to last for days from the scene, the news release said.
When Osorio-Arellanes fled the scene, he left behind his wounded brother, Manuel Osorio-Arellanes. Manuel was ultimately sentenced to 30 years in prison, but not before identifying the crew members for authorities.
In 2017, Heraclio was arrested by Mexican authorities in Chihuahua, Mexico and extradited to the U.S. last August.
He is the sixth of seven men convicted in the case so far.
Ivan Soto-Barraza and Jesus Lionel Sanchez-Mesa were sentenced to life in prison in their first-degree murder convictions in 2015, the release said.
Rosario Rafael Burboa-Alvarez pled guilty to first-degree murder and received 27 years in prison.
Rito Osorio-Arellanes was given an eight-year sentence after a guilty plea of conspiracy to interfere with commerce by robbery. He was not at the shooting scene.
Jesus Favela-Astorga is the last person said to be involved in the incident. He will be extradited to the U.S and tried in Tucson.
Sentencing for Heraclio Osorio-Arellanes is set for April 29.
“Brian Terry’s family will never have its hero back, but his loved ones now have justice,” said Robert Brewer, U.S. Attorney of the Southern District of California. “The jury’s verdict is the right outcome not only for the family, but for the men and women of the U.S. Border Patrol who daily put their lives at risk to protect this country.
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©2019 The Arizona Daily Star (Tucson, Ariz.)