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Friday, December 31, 2010

What happened to Brian Terry? Why are the FEDS covering up?

From: Jeff Schwilk <jeffschwilk@cox.net>
Subject: New Details and the Latest News on Murder of Agent Brian Terry
To: Undisclosed-Recipient@yahoo.com
Date: Thursday, December 30, 2010, 12:36 PM


Great collection of the very latest news articles plus a timeline at the bottom of the events in Peck Canyon that night. 
 
Bottom line:  Heavily armed Mexican bandits were operating in an American canyon on Dec. 14, about 13 miles north of the Mexican border.  A firefight occurred and an American agent was shot and killed.  Our border is more dangerous and deadly than ever and the Obama Administration refuses to take the necessary steps to secure our border and protect American citizens.  We look forward to Congressional hearings about this incident in the coming weeks and months.


 

More rumors and few facts regarding the death of Border Patrol Agent Brian Terry

by Hugh Holub on Dec. 29, 2010, under border issuesdrug smugglingpolitics
It is getting stranger and stranger regarding the death of Border Patrol Agent Brian Terry west of Rio Rico on December 14th.
Agent Terry was part of a Border Patrol Tactical unit (BORTAC) pursuing bandits in Peck Canyon west of Rio Rico, Arizona.
As noted by many, the federal stonewalling of information about the incident creates more doubt, suspicion and rumors.
The fact that the 4 suspects caught by the Border Patrol haven’t been named or charged after 2 weeks really raises some serious questions. Why is there no real information coming out from the feds?
First, a suspect (the bandit who was shot in the incident) was initially named in an Arizona Republic article on December 17th. That was also reported in the Examiner:
“The Border Patrol said that Manuel Arianes, a.k.a. Manuel Arellanes Osorio, was wounded in the gunfight. Arianes, 34, and a Mexican national, was convicted in Maricopa County Superior Court in 2006 for aggravated assault on a police officer, and had been deported to Mexico twice, according to sources familiar with his case,” Arizona’s The Republic reported.
But, suddenly the identification of the suspect vanished from the Republic.
Here is the news so far….
KGUN Channel 9 in Tucson reported that there are four non-citizens in custody in the incident according to an attorney defending one of the suspects who was injured in the incident. But the names still haven’t been released.
Attorney: detainees in Border Patrol murder are not US citizens
…According to Williams, immigration law allows federal authorities to hold non-citizens for lengthy periods of time without releasing their names to the public.  Immigration and Customs Enforcement officials confirmed to 9 On Your Side that ICE does not release the names of any suspects simply facing immigration charges.
UPDATE: The Nogales International reported on 12/29 :
Two weeks after the Border Patrol detained four men following the fatal shooting of Agent Brian Terry near Rio Rico, none of the four apparent suspects has been charged in connection with the killing, defense attorneys say.
UPDATE: The Star chased the KGUN story  12/30  No Charges yet in slaying of US agent
…The federal government has given Williams’ office and the three private attorneys representing the other three men very little information about the investigation. However, the attorneys don’t expect anyone currently in custody to be charged with the shooting, Williams said.
The Star also noted it was not releasing the names of the suspects because they hadn’t been charged yet.
UPDATE: The Arizona Republic also had a story up on 12/30 
More than two weeks after Border Patrol Agent Brian Terry was gunned down in a shootout near Nogales, federal authorities have yet to identify the suspects they arrested or to file any charges in connection with the slaying.
Leslie Bowman, a Tucson attorney who represents one of the men picked up after the Dec. 14 gunbattle, said she has never seen such a case in 18 years of work in federal court.
“This is unusual,” said Bowman, whose client has denied involvement in the incident. “What the heck’s going on? That’s what people are asking.”
Border Patrol officials referred media inquiries to the FBI, which is carrying out the criminal investigation. An FBI spokesman and a representative at the U.S. Attorney’s office said they were not divulging anything about the probe or the suspects.
David Gonzales, U.S. marshal for Arizona, declined to identify those arrested, but confirmed that five men are in federal custody on felony immigration charges. Four were arrested the night of the homicide, Gonzales said, and a fifth was captured the next day.
“I’m sure that in the next week or two there will be indictments coming down in connection with the shooting,” Gonzales said.
Terry, 40, a member of the Border Patrol’s elite tactical squad known as BORTAC, was searching a canyon area near Rio Rico for gangsters who prey upon smugglers and illegal immigrants. Homeland Security Secretary Janet Napolitano said gunfire erupted when his team of four agents ran into a group of banditos. Terry died at the scene; one suspect was wounded.
Although arrests were announced within hours, authorities withheld the suspects’ names. Neither the FBI nor the Border Patrol has provided details about the tactical mission or what transpired that night.
Bowman said the lack of public information could signal that investigators were having trouble building a case, or struggling to determine what happened with the BORTAC operation.
“My guess is that they’re trying to sort this thing out,” Bowman said.
Bowman said her client was voluntarily deported after an arrest for illegal entry in July, but has no record of criminal convictions. Under a streamlined federal program, she said, defendants in his situation typically plead guilty to an immigration violation and are immediately deported. Instead, her client was charged with a felony and initially was held in isolation.
“He’s not really connected with this thing,” Bowman added. “But somebody thinks he is.”
Attorneys for the other suspects could not be reached.
And here is the other stuff floating around about the incident: 
Bean bags v AK 47s from Tom Tancredo.
9OYS Investigates: Border Patrol deadly force policy Channel 9 KGUN in Tucson chased the Tancredo story that Terry was armed with bean bag rounds.
Still no information on suspects  from the Immigration Ckearinghouse which trashes the Trancredo post.
New Details in Murder of Border Patrol Agent Brian Terry from the New American, a John Birch Society website.
Something fishy going on  … from Three Sonoras on the Citizen
Attempt to focus on immigration even though a murder of Border Patrol took place  from the Citizen’s Three Sonorans…in which he has discovered that the 4 suspects apprehended are only being charged with illegal re-rentry.
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” <bprice777@comcast.net>
To: ”Price, Bob” <bprice777@comcast.net>
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.
However…the description of the incident…
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
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.

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