Court overturns conviction in killing of Border Patrol Agent Brian Terry linked to Fast and Furious

The 9th U.S. Circuit Court of Appeals overturned the convictions of Heraclio Osorio-Arellanes in the 2010 slaying of the late Border Patrol Agent Brian Terry.

Terry's murder exposed the U.S. Justice Department's “Fast and Furious” gun-walking operation during the Obama Administration.

Osorio-Arellanes, a Mexican national, was sentenced in 2020 after confessing to the murder from a Mexican prison. He was part of an armed crew of bandits attempting to rob drug smugglers. He was convicted of nine counts, including first and second degree murder. 

His attorneys argued that his constitutional right to an attorney was violated when the confession was taken.

The court sent the case to the U.S. District Court in Arizona, ruling that his constitutional due process rights were violated.

Osorio-Arellanes was one of 7 men charged in the shooting death of Terry.