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The indictment against the man accused of killing U.S. Border Patrol Agent Terry was finally unsealed in Arizona District Court today. Manuel Osorio-Arellanes is charged with second-degree murder, three counts of assault of a federal officer, four counts of using a firearm to commit a violent crime, three counts of re-entry of a deported alien and two counts of illegally possessing a firearm. TTAG is searching for the document. Meanwhile, MSM outlets like have revealed details. To quote Warren Zevon, it ain’t that pretty at all . . .

The shooting broke out as Terry and three other agents tried to catch five suspected illegal immigrants at the bottom of a flat canyon north of the Arizona city of Nogales. At least two of the immigrants were carrying assault rifles in the “ready position” when they encountered the agents, according to the indictment.

The FBI said in court records that when the immigrants refused to drop their guns, two agents fired beanbag rounds at them.

Two of the immigrants then fired at the agents, the indictment said, leading the officers to return fire.

After his death, officials said Terry was not one of the agents firing beanbag rounds. They claim he was carrying both an HK P2000 handgun and an M4 rifle when he was gunned down.

But the question remains: what the hell were U.S. federal law enforcement agents doing on the Mexican border equipped with beanbag rounds at the ready? What asshat bureaucrat decided to send the good guys into harms’ way—into an area known for “rip crews” that prey on drug smugglers—with non-lethal rounds?

It would be funny if it weren’t so tragic: the Feds face guns enabled by the Bureau of Alcohol, Tobacco, Firearms and Explosives (see: Gunwalker scandal) with a shotgun that fires beanbags. Are you getting this? Uncle Sam gave the bad guys more firepower than his own LEOs.

Also, to recap, Manuel Osorio-Arellanes was deported three times. And that’s just last year. Arellanes is charged with Second Degree murder ’cause the feds figure he wasn’t the shooter. And where, pray tell, is that individual?

The U.S. Attorney said today that Arellanes’ co-conspirators headed south and remain at large. Meanwhile, as I remember it, three witnesses to the shooting were interviewed and sent back to Mexico.

Here’s a question: what did happen that night? How did Terry’s killers end up with ATF-enabled weapons?

The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Customs and Border Protection have all denied Freedom of Information Act requests that seek reports and other documents in the investigation of the shooting, explaining that it’s an open investigation.

I’ve said it before: the ATF, DEA, ICE, DHS and DOJ formed alliances of one sort of another with some bad, bad men. This is one Tremors-size can of worms. And that lid is not looking very secure.

The feds can’t dismiss the charges, and they dare not reveal the world-class fuck-ups that led to Agent Terry’s death. But if the American legal system does its thing Arellanes’ lawyer, and other lawyers with other clients facing gun smuggling charges, will unearth the truth about the Obama administration’s failures and epic misadventures down Mexico way.

Arellanes’ trial is set for June 17. Watch this space.


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  1. It’s sad that agent Terry died, but he should have used real bullets and killed that lowlife.

  2. What do you think situations like this do to the morale (and effectiveness) of the good men and women working to defend our southern border? Must be pretty inspiring to work in an organization so driven by concern about the rights of criminals I guess.

  3. Here is a warrant and affidavit about the incident which talks about the “less-than-lethal” rounds. It also says they returned fire with a “long gun” and “pistol”, presumably with lethal rounds since Manuel was shot.

    I can’t find any good and/or recent documents or this indictment on PACER…

  4. So the protocol is to fire beanbags against armed invaders? If the administration wants to remain consistent, Arellanes’ punishment should be a sound spanking and no video games for a month.

    Methinks Janet Napolitano is nuts.

  5. Yes: the SOP is that if it is absolutely necessary to fire upon armed and dangerous invaders, only non-lethal beanbag rounds should be fired at them to ensure they will not be injured.

    However, when using multiple SWAT Teams to violently break into honorable, law-abiding citizen’s homes with unconstitutionally drawn up warrants, gunfire should be initiated with deadly intent, e.g., shooting 71 times at fmr. Marine Jose Guerena (while he stood protecting his wife and infant son from what he thought was a home invasion holding an AR with the Safety On). If the subjects who have been shot have not died immediately, medical personnel should be kept from attending to them until they have expired, e.g., the SWAT Team members after firing 71 rounds at Mr. Guerena, striking him 60 times, then evicted his wife (whose 4-yr-old son followed her), and forcibly prevented EMTs (who responded to Mrs. Guerena’s 911 call) from attending to Mr. Guerena for more than one and 1/4 hours at which time he had finally expired.

    And this is called “the Land of the Free, and the Home of the Brave”?

  6. Need to find the bastard who gave the order to shoot beanbags instead of real ammo. Them call me and I will personally cut out his testicals and stick them down his gullet till he croaks. Coward.


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