Crime

Murdered Border Agent‘s Family Denied ’Victim’ Status by U.S. Attorney

Murdered U.S. border agent Brian Terry’s family wants justice, but it appears federal prosecutors are trying to ensure their voices are not heard at trial.

Murdered Border Agents Family Denied Victim Status by US Attorney

Agent Brian Terry

Fox News is reporting that the U.S. Attorney’s office in Arizona has opposed a routine motion to allow the Terry family to be considered crime victims by the court. Victim status would allow the Terry family to speak during the sentencing phase of a trial.

The Terry family has requested victim status in the trial of Jamie Avila, the 23-year-old Phoenix man who allegedly bought the gun that ended up in Mexican cartel hands and was used to kill Terry. Generally speaking, defense attorneys are the ones who oppose victim status motions in the court in order to protect the accused.

But in this instance, it was the prosecutor — the U.S. Attorney’s Office in Phoenix — that did not want victim status to be conferred.

That has raised questions about a possible conflict of interest for the United States Attorney Dennis Burke, who has claimed the Terry family was not “directly or proximately harmed” by the gun purchases. Burke also claimed that “society in general” and not a particular person was harmed by Avila’s alleged weapons purchases.

Some analysts have pointed to the fact that U.S. Attorney Burke’s office oversaw Operation “Fast and Furious” — which has become steeped in scandal and is currently under investigation on Capitol Hill.

As for the motivations behind a U.S. Attorney denying victim status to the family or slain federal agent, Fox News postulated that:

“Under the federal Crime Victims Rights Act, the Terry family would have the right to confer with prosecutors and speak at Avila’s sentencing. Some speculate that the U.S. Attorney’s Office may cut a deal with Avila in exchange for information to be used against his associates. That deal could mean little or no jail time, and a controversial sentencing day in the courtroom.

Having the Terry family fight that deal, could further embarrass and complicate Burke’s case. Burke may also be trying to protect the federal government. The family may pursue a wrongful death claim against federal agents, including Burke himself.”

The motion on the Terry family’s status for the Aviles trial has not yet been decided by the court, but it appears likely that politics at the highest level will play a role in what comes of every case stemming from Operation Fast and Furious.

Comments (117)

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  • JustJerry
    Posted on August 11, 2011 at 6:29pm

    Victim of the Drug War.

    Report Post » JustJerry  
    • the hawk
      Posted on August 11, 2011 at 8:02pm

      THEY SHOULD SUE ! 100 MILLION $ TERRY vs. US.-ATF………………

      Report Post »  
    • the hawk
      Posted on August 11, 2011 at 8:20pm

      Why is it the Cops, ATF , FBI ,DEA, FDA,EPA,ect, Can all break the law on a regular basis and No one go’es down for it ?

      Report Post »  
    • lionslayer44
      Posted on August 11, 2011 at 8:44pm

      Hello!! the only drug war that is going on is between the cartels, battling over who gets to sell to elitest (a)mericans, which includes high ranking politicians. how else could someone explain that since the 60′s weve been fighting a war against drugs and addiction in this country. re-habs pop up, drug task forces are created, the d.e.a. is created, border patrol, prisons overflow (some privately owned and operated) all these agencies created to combat drugs and drug trafficking yet we have failed to even make a dent in the problem. All over the world there are borders many we protect and virtually no one gets in or out unless they’re supposed to be there. N. to S. Korea, Afghanistan to Pakistan, Iran to Iraq, Russia to China, China to N. Korea, Israel to everywhere etc. etc. Does anyone truly think that if we wanted to we couldnt protect our own borders with just the resources we currently have if our govt. and dirtbag americans werent involved in it? Now its been proven that our own govt. used this operation to not only allow guns to cross into Mexico but for drugs to cross into the U.S. Unfortunately this family probably will get nothing from our govt. not even comfort. This current admin. hates America and its people and are only out to create division, anger and social unrest so they can declare martial law and their socialist utopia. they will implement rex84 and the rest will be up to God. BE PREPARED COLLECT, FOOD, WATER, (FILTERS), AMMO!!! GOD BLESS AMERICA!!!

      Report Post » lionslayer44  
    • turkey13
      Posted on August 11, 2011 at 8:44pm

      Come on folks. how can you be a victim if you are any kind of law inforcement enforceing a law. Any way – unless you are at a border check point the law says you can’t go within 5 miles of another counties border.

      Report Post »  
    • teamarcheson
      Posted on August 11, 2011 at 10:55pm

      He is white. Obama and Holder want to kill all white people but we are still armed.

      Report Post »  
    • Elena2010
      Posted on August 11, 2011 at 11:48pm

      @Turkey — what law says that? I live one mile fm Mexico. My brother lives less than that fm Canada. Where did you get such a strange idea? All along the border, there are ranches and farmland.

      Report Post » Elena2010  
    • Jaycen
      Posted on August 12, 2011 at 12:00am

      So, The Blaze picked up a bunch of Norwegian, Atheist losers….I guess several decided to stick around.

      Report Post » Jaycen  
    • smithclar3nc3
      Posted on August 12, 2011 at 8:16am

      This young man was KILLED by the DOJ and ATF by instruction gun dealers to sell weapons to straw buyers. His family should be allowed to sue the federal government for it’s actions.

      Report Post »  
  • Saff SGT
    Posted on August 11, 2011 at 6:29pm

    Once these defense lawyers get mugged a few times i think they will change their minds on the fairness act

    Report Post »  
    • Lt_Taz
      Posted on August 11, 2011 at 11:05pm

      Excuse me sir. but if you read what was stated it is not the defense lawyer it is the prosecutor who is denying the request, An evident cover-up for those above him….. just saying

      Report Post »  
  • AzSage
    Posted on August 11, 2011 at 6:28pm

    that’s what comminuists do. stifle those who would speak the truth, espically if it might offend their base or reflect poorly on their administration.

    Report Post » AzSage  
  • neverending
    Posted on August 11, 2011 at 6:26pm

    Same old bs from this dirty rotten scoundrels. You can’t fight crime when it is happening at the highest level of the law in the land. This family has been treated like dirt and it is just so heartbreaking and shameful. When will this administration ever pay the price for any of what they are doing – guess I already know the answer – NEVER!

    Report Post »  
    • Saved Forever
      Posted on August 11, 2011 at 7:04pm

      They will pay. They all will pay dearly. No one escapes judgement. It’s only a matter of time.

      Report Post »  
    • Marylou7
      Posted on August 11, 2011 at 8:30pm

      They will pay sooner or later. Our Lord Jesus Christ will see to justice in this case. They pay now or they pay later. Anyway God is in control and when He is in control there is always justice, Amen!!

      Report Post » Marylou7  
  • trooper
    Posted on August 11, 2011 at 6:24pm

    Ya, it may offend the murderious illigals and the illigal in the white house if they speak the truth from thier hearts.
    Galatians 4:16 “Have I now become your enemy by telling the truth?”

    Report Post »  
  • RickWS
    Posted on August 11, 2011 at 6:23pm

    I declare shenanigans!

    Report Post » RickWS  
  • db321
    Posted on August 11, 2011 at 6:21pm

    Never forget Agent Brian Terry – the family of the this brave man needs to keep up the good fight. It is painful but our Freedom depend on the truth being exposed. Every Attorney in Arizona needs to help this family. God Bless them all.

    Report Post » db321  
    • HorseCrazy
      Posted on August 11, 2011 at 6:30pm

      amen. prayers for his family and loved ones may justice be served

      Report Post »  
  • cloudsofwar
    Posted on August 11, 2011 at 6:20pm

    crimes have been committed by all those involved from eric holder to the agent on the street. i hope the family sues all of them. i hope this bites Obama sama on the arse. i hope Holder rolls over on Obama-sama, he knew all about it and gave the ok. like Obama-sama said he’s working on the gun issue under the radar. Gun Runner is what he was talking about. create a crisis then have the solution.

    Report Post »  
    • Kalshion
      Posted on August 12, 2011 at 12:47am

      Obama-sama? The man doesn’t deserve any form of honoric.

      Report Post »  
  • evilpa
    Posted on August 11, 2011 at 6:20pm

    How can US Attorney Dennis Burke claim that the Terry family has not been “directly or proximately harmed” by the gun purchases. They son, husband, father, brother, nephew, uncle is DEAD! How much more DIRECTLY HARMED can you be! Of course the family are VICTIMS!

    This administration is destroying our country, they are trying to make us all victims, I don’t know about you, but I am not going down without a colossal fight!

    Report Post »  
    • James
      Posted on August 11, 2011 at 6:59pm

      Of course the Terry Family are victims. What is going on here is is unbelievable. Where is justice?

      Report Post »  
    • MidWestMom
      Posted on August 11, 2011 at 9:06pm

      And still our government wonders why the people hate them…

      Report Post »  
  • NO YOU CANT
    Posted on August 11, 2011 at 6:19pm

    Shame on them- but then again, they have no shame. The progressives/socialists in this country have no problem violating people rights if it suites them- Including our 1st right- freedom of speech.
    If they can’t speak at the trial, then by God buy a damn bull-horn and scream it at the courthouse steps. Don’t worry- we freedom loving people have your back!

    Report Post » NO YOU CANT  
  • SouthGA
    Posted on August 11, 2011 at 6:18pm

    Eric Holder should be arrested and his boss should be impeached and thrown out of office. Thy both have blood on their hands!

    Report Post »  
    • db321
      Posted on August 11, 2011 at 6:22pm

      This will not be the first blood on their hands.

      Report Post » db321  
    • Sheepdog911
      Posted on August 11, 2011 at 6:33pm

      Deal with Avila? The only deal should be “Crispy or Extra Crispy?” AUSA should be fired and dragged before Congress to explain why he shouldn’t be prosecuted as well. Where is FLEOA on this?

      Report Post » Sheepdog911  
  • kickagrandma
    Posted on August 11, 2011 at 6:17pm

    Fire the “attorney”. Disbar him NOW! And give the MURDERED border agent’s family our non-PRESIDENT’S salary, and alllllllllllllllllllllllllllllll the money he and his ugly, AMERICAN-hating wife have spent so far on our dime.

    Now, that’s an idea! Let’s put the noman and his ugly AMERICAN-hating wife on the border withOUT any protection at all; with NAVY SEALS at their backs to prevent their turning around to come back to the USA, and say, “Vaya *********!” joe and bouncing betty, or whatever his wife’s name is, get the same treatment.

    Bring OUR TROOPS home from all over the world. Put them on our borders. Begin search missions in-country to find all the sleeper cells of terrorists, and let us AMERICANS get back to being AMERICANS again.

    GOD BLESS AMERICA! And may HE soon deck the traitors out front of all of us to see.

    Hey, it RAINED IN TEXAS today, guys! Thanks for the prayers.

    Report Post »  
    • SlimnRanger
      Posted on August 11, 2011 at 8:43pm

      @Kickagrandma,i am glad you got some much needed rain,The church i attend had a really good prayer service sunday night for Okla.Ar. and Texas ,we got rain monday night and again today,thank God these 100+ days are gone for awhile anyway

      Report Post »  
  • Justthefactsmam
    Posted on August 11, 2011 at 6:13pm

    Can you say impeachment? Starting from the top down?

    Report Post » Justthefactsmam  
  • chips1
    Posted on August 11, 2011 at 6:12pm

    Spending your career protecting citizens from criminals only to find out that the real enemy is the government. That’s a hard pill to swallow. Protecting yourself has become a crime. Change you can believe in.

    Report Post »  
    • Shasta
      Posted on August 11, 2011 at 6:15pm

      Protecting yourself is only a crime in the US if you are white. Never would have believed it.

      Report Post » Shasta  
  • WASTEDROCKRANGER
    Posted on August 11, 2011 at 6:11pm

    Can statements from Burke in pursuing his course of action here be considered a lie?

    1. obviously disingenouous
    2. skewing the facts

    1 & 2 for selfish gains

    Yup. LIAR!!! Sad thing is… it’s expected by all who server the annointed one.

    Report Post »  
  • republic2011
    Posted on August 11, 2011 at 6:11pm

    Charge them, try them and throw their as$ in jail. The lot of them. For life. This is an outrage. But after the news that the beatings in Wisconsin weren’t racially motivated, this really is no surprise. These people think they are above the law. It is us to us to correct their understanding.

    Report Post »  
  • leary1
    Posted on August 11, 2011 at 6:10pm

    it is a classic move of this regime to distance themselves from responsibility of their neglegence in the ILLEGAL GUN SALES THE GOV. MADE !!! I still want answers and arrests regarding the gov. employees involved !!

    Report Post »  
  • semihardrock
    Posted on August 11, 2011 at 6:07pm

    BUT Some “Black Farmers” who tried to grow peanuts in the Chicago snow 30 years ago….THEY are “Declared” VICTIMS by this Whitehouse according to “The Law”

    Report Post » semihardrock  
  • Patrick in AZ
    Posted on August 11, 2011 at 6:06pm

    I hope the judge overrules the attorney – Agent Terry is ultimate victim of this crime (a crime sanctioned by our government) and his family should be allowed to have their say. Today would have been Brian’s birthday

    Report Post » Patrick in AZ  
  • LadyIzShy
    Posted on August 11, 2011 at 6:06pm

    they just do not want anyone to speak out.. if nobody says anything then it didnt happen. same ole same ole in the government

    Report Post » LadyIzShy  
  • RightUnite
    Posted on August 11, 2011 at 6:04pm

    Can’t make this **** up!

    Report Post »  
  • jim
    Posted on August 11, 2011 at 6:03pm

    He’s white, what did you expect?

    Report Post » jim  
  • kindling
    Posted on August 11, 2011 at 6:03pm

    Oh I hope they fight this as far as they can. Of course they were harmed by this! They are here without a husband and father. How much more harmed can you get? If the government had not caused the guns to be sold to the skum in the first place he would not have gotten shot by that gun. People talk about Watergate….well tell me how many people lost lives because of that cover up. I hope this ends with some government officials going to prison and this family getting money to help support them as the father would have had he not been a victim of this bad government mess up.

    Report Post » kindling  
  • Texas Grasshopper
    Posted on August 11, 2011 at 6:00pm

    I have no words that can ease this outrage …………..none ……….my heart goes out for the family ….

    Report Post »  
    • SlimnRanger
      Posted on August 11, 2011 at 6:07pm

      The Terry family should file a wrongfull death lawsuit against Holder and Obama

      Report Post »  
  • Cant steal my joy
    Posted on August 11, 2011 at 5:59pm

    No victims – No crime.

    Report Post »  
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