Exclusive: BORTAC Incident Report Indicates Brian Terry's Killers Let Go

Katie Pavlich

7/17/2012 9:00:00 AM - Katie Pavlich

One week ago, the Department of Justice unsealed the indictments against five men for the murder of Border Patrol Agent Brian Terry, who was killed on December 15, 2010. Guns from Operation Fast and Furious were left at the scene. Four of the men indicted are on the run and believed to be in Mexico. Those men are Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes and Lionel Portillo-Meza. Manuel Osario Arellanes was shot on the night Terry was killed and has remained in custody since. His brother, Rito Osorio-Arellanes is also in custody and has been charged not for Terry's murder, but for other related crimes.

BORTAC shooting incident report 11 TCANGL 121570000077, obtained by Townhall, indicates authorities had four suspects in custody at the time of Terry's murder and let them go. Multiple updates in the report show "four men in custody," one of the men in custody being wounded, with another at large but "spotted." Five men in total. It has been confirmed multiple times that there were five bandits in Peck Canyon, Ariz. the night Terry was killed.

 

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The incident report can be seen below.



BORTAC Incident Report- Brian Terry Murder

 

Despite the incident report showing suspects in custody on December 15, 2010, these were the official statements from Attorney General Eric Holder, U.S. Attorney Laura Duffy and FBI Special Agent in Charge James L. Turgal last week after the murder indictments were unsealed:

“Agent Terry served his country honorably and made the ultimate sacrifice in trying to protect it from harm, and we will stop at nothing to bring those responsible for his murder to justice,” said Attorney General Eric Holder.  “This investigation has previously resulted in one defendant being charged with Agent Terry’s murder and taken into custody, and today’s announcement reflects the department’s unrelenting commitment to finding and arresting the other individuals responsible for this horrific tragedy so that Agent Terry’s family, friends and fellow law enforcement agents receive the justice they deserve.”

U.S. Attorney for the Southern District of California Laura E. Duffy said, “Agent Terry died in the line of duty while protecting his country.  But he was more than a federal agent – he was a son, a brother, a co-worker and a friend to many.  The indictment unsealed today reflects the progress our dedicated law enforcement team has made piecing together this complex murder case.  But there is more work to be done and we will not rest until we bring justice to the family of Brian Terry.”

“U.S. Border Patrol Agent Brian Terry made the ultimate sacrifice in December of 2010, while protecting our border,” stated James L. Turgal Jr., FBI Special Agent in Charge, Phoenix Division.  “Today’s announcement is an important step forward in the pursuit of justice for Border Patrol Agent Terry and his family.  It is our hope that the publicity surrounding this case will lead to information concerning the whereabouts of the remaining four fugitives.  The FBI and our law enforcement partners will continue to pursue those individuals responsible for the murder of Border Patrol Agent Brian Terry.”