U.S. Attorney’s Office Rejects Family of Murdered Border Patrol Agent as Crime Victims
By William La Jeunesse
FOX News
In a surprise move in a controversial case, the U.S. Attorney’s Office in Arizona is opposing a routine motion by the family of murdered Border Patrol Agent Brian Terry to qualify as crime victims in the eyes of the court.
The family asked to intervene as victims in the case against Jamie Avila, the 23-year-old Phoenix man who purchased the guns allegedly used to kill Terry. Such motions are routinely approved by prosecutors, but may be opposed by defense attorneys.
Agent Brian A. Terry, 40, was killed on Dec. 14 near Rio Rico, Ariz., according to a statement released by U.S. Customs and Border Protection officials. (FNC)
However in this case, U.S. Attorney Dennis Burke argues because the family was not “directly or proximately harmed” by the illegal purchase of the murder weapon, it does not meet the definition of “crime victim” in the Avila case. Burke claims the victim of the Avila’s gun purchases, “is not any particular person, but society in general.”
Prominent litigator and the former U.S. Attorney in Florida, Kendall Coffey disagrees.
“The government apparently is saying they’re not victims, even though it was a federal crime that put the murder weapon in the hands of the killer of Brian Terry,” says Coffey. “They are simply rights of respect, rights of communication and the right to be heard.”.
The government leaders responsible for the tragic mistakes of Operation Fast and Furious have a lot of explaining to do before Congress. But at the same time, they still have a duty under federal law to give answers, to consult and extend respect to the family,” said Coffey.
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.
Wild Thing’s comment……
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Wild Thing’s comment……..
They are trying to rid of the “victim”.
Having a victim is the first step towards prosecuting the perpetrator, who, in this case, is the chain of command above the ATF, which, of course, ends at the WH.
Incredibly morally wrong, but not surprising.
The Executive Branch is under the control of commu-islamo-nwo-fascist infiltrators.
Never, never, NEVER underestimate the slime of the Cretin-in-Chief and “his people”.
chrissy, your right that their actions are morally wrong however but not surprising. the doj is in fact trying to get rid of the “vicim” and cover-up any relationship with the administrations ill-conceived , illegal, disastrous “gunwalker program as well as it’s off-shoot the “fast and furious” program which caused the murder of border agent brian terry directly .not only did the doj and a.g. eric holder know and acted thru the atf supply modified ar-15’s that straw buyers (criminals in most cases ) that the atf told american gun store sellers(a crime in itself ) to ignore their credentials and let them purchase these rifles fully knowing the mexican cartel would wind up with the weapons which in fact caused agent terry’s death but also is the direct cause of murders and crimes committed both here in the u.s. and mexico as well. recent evidence that has come to light thru the congressional oversight committee is showing the plan behind the plan which was to restrict american’s of their 2nd amendment rights,again it should come as no surprise that the doj and this administration is trying to distance themselves from brian terry and the gunwalker program .the obama administration has violated the constitution it is sworn to up-held. obama and his administration have put themselves up above the law and dwarfs the nixon rinky-dink third-class burglary by any kind of comparison. my heart goes out to brian terry’s parents but thanks to the brave whistle- blowers of atf agents that came forward to reveal the illegal activities that were taking place along the border justice will come to them !
latitude38, thank you so much for sharing all of that.