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Brian Terry murder: Border Patrol agent's previously convicted killer's sentence overturned

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Brian Terry murder: Border Patrol agent's previously convicted killer's sentence overturned

A man accused of pulling the trigger in the 2010 shooting death of Border Patrol Agent Brian Terry, whose death exposed the botched President Obama-era gun operation known as “Fast and Furious,” has been overturned, a U.S. appeals court said.

The bombshell reversal comes after Heraclio Osorio-Arellanes was convicted of first-degree murder, among other charges, after being extradited from Mexico. He was among seven defendants tried and convicted in the Dec. 14, 2010, killing of Terry.

On Friday, the 9th U.S. Circuit Court of Appeals released its decision to overturn the conviction after Osorio-Arellanes argued his Fifth Amendment rights against self-incrimination and his Sixth Amendment right to effective assistance of counsel were violated during his trial and subsequent conviction.

“Because Osorio established his Sixth Amendment claim, the panel did not need to reach his Fifth Amendment claim,” the ruling stated. “The panel rejected the Government’s argument that the absence of a Fifth Amendment violation would bar Osorio’s Sixth Amendment claim.”

MAN CONVICTED IN BORDER AGENT BRIAN TERRY’S MURDER BROUGHT ATTENTION TO ‘FAST & FURIOUS’

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Heraclio Osorio-Arellanes, right, was among seven people charged in the Dec. 14, 2010, slaying of 40-year-old Border Patrol Agent Brian Terry, left, north of Nogales, Ariz. (U.S. Border Patrol)

The doomed “Fast and Furious” operation involved federal agents allowing criminals to buy guns with the intention of tracking them to criminal organizations. 

But the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives lost track of most of the guns, including two found at the site of Terry’s death.

FAST AND FURIOUS HEARING RIPS HOLDER, DOJ FOR DECEPTION IN GUN-RUNNING SCANDAL

The failed Obama-era plan was exposed after Terry’s death and prompted his family to sue the government. 

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Brian Terry

Terry’s killing publicly revealed the “Fast and Furious” operation, by which U.S. federal agents allowed criminals to buy guns with the intention of tracking them to criminal organizations.  (U.S. Border Patrol)

Terry was part of a four-man team in an elite Border Patrol unit staking out the southern Arizona desert on a mission to find “rip-off” crew members who rob drug smugglers. 

They encountered a group and identified themselves as police when trying to arrest them.

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The men refused to stop, prompting an agent to fire bean bags at them. 

The crew members responded by firing AK-47-type assault rifles. Terry was struck in the back and died shortly afterward.

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Fox News Digital has reached out to the 9th U.S. Circuit Court of Appeals for comment.



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Los Angeles, Ca

Video captures fiery, high-speed crash at Southern California intersection

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Video captures fiery, high-speed crash at Southern California intersection

Dashcam video captured the moment a high-speed crash left a pickup truck in flames at a busy intersection in the San Fernando Valley.

The crash happened at Lassen Street and Sepulveda Boulevard in Mission Hills at around 5:09 p.m., according to the Los Angeles Police Department. 

Dashcam video from a bystander showed a white Lexus sedan racing past him and slamming into the dark gray Ford pickup truck that was making a left turn.

The high-speed impact sent both cars spinning out of control and slamming into a traffic signal pole behind them. Flames were immediately ignited underneath the truck.

The truck landed on a nearby sidewalk and the white sedan crashed against a wall just outside of a CVS parking lot.

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  • Dashcam video captured a high-speed crash that left a pickup truck in flames in the Mission Hills neighborhood of the San Fernando Valley on August 17, 2024. (Seth Gurlal)
  • The Ford pickup truck was engulfed in flames as bystanders worked to rescue the trapped driver in Mission Hills on August 17, 2024. (KTLA)
  • The suspect's white Lexus sedan crashed into a nearby wall after slamming into a pickup truck in Mission Hills on August 17, 2024. (KTLA)
  • Both vehicles spun out of control and the truck was engulfed in flames after a high-speed crash in Mission Hills on August 17, 2024. (KTLA)
  • Both vehicles spun out of control and the truck was engulfed in flames after a high-speed crash in Mission Hills on August 17, 2024. (KTLA)
  • The suspect's white Lexus sedan crashed into a nearby wall after slamming into a pickup truck in Mission Hills on August 17, 2024. (KTLA)

Both vehicles were totaled as a large amount of auto debris was strewn across the busy intersection.

“I saw on my rearview mirror that [the white sedan] was coming so fast, they’re going to hit somebody,” said Seth Gurlal, whose dashcam captured the collision. “They had no regard for anybody.”

Witnesses said bystanders in the area immediately ran over to help the female driver who was injured and trapped inside the burning truck.

“They pulled out a woman but her feet were stuck,” said Rosa Madrigal, a witness. “They pulled it out, but the moment they did, I saw she was bleeding on the side.”

The woman was transported to the hospital where her condition remains unknown on Saturday night.

It’s unclear whether the suspect driver was also injured as the incident remains under investigation. Anyone with information can call the LAPD at 1-877-527-3247. 

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Footage of the crash can be seen in the video player above.

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Southwest

Suspect, 78, charged in 44-year-old Texas cold case kidnapping, murder of nursing student

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Suspect, 78, charged in 44-year-old Texas cold case kidnapping, murder of nursing student

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A 78-year-old man incarcerated nearly 2,000 miles away has been charged with the 1980 sexual assault and murder of a 25-year-old Texas nursing student, Austin police said in a press release Friday.

Thanks to DNA technology, police say Deck Brewer Jr. — currently serving time in Massachusetts for an unrelated crime — allegedly kidnapped and killed Susan Leigh Wolfe a block from her home around 10 p.m. on Jan. 9, 1980, while walking to a friend’s house.

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Wolfe had just enrolled at the University of Texas Austin School of Nursing that day and was just four days from her 26th birthday, when she was murdered.

A witness to the kidnapping said they saw a car stop and the suspect grabbed Wolfe off the sidewalk in a “bear hug” and forced her inside after throwing a coat over her head.

AUTHORITIES SEEK PUBLIC’S HELP IDENTIFYING SUSPECTED TEXAS SERIAL KILLER AFTER DNA LINKS PERSON TO 2 MURDERS

Susan Leigh Wolfe, 25, was kidnapped a block from her home around 10 p.m. on Jan. 9, 1980, while walking to a friend’s house.  (Austin Police Department)

Investigators found her dead from a gunshot wound in an alley the next morning with evidence of strangulation and sexual assault. The witness also thought he saw another person in the car, which could have been a second suspect. 

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In the first year, investigators with the Austin Police Department followed up on dozens of leads and at one point had as many as 40 persons of interest, and interviewed at least six suspects. 

In April of last year, detectives with the department’s Cold Case Unit submitted crime scene DNA evidence to the Texas DPS Crime Laboratory and last February the results eliminated the six known suspects. 

WOMAN ARRESTED IN 37-YEAR-OLD COLD CASE FOR ALLEGEDLY LEAVING A DEAD NEWBORN BABY IN CALIFORNIA DUMPSTER

Deck Brewer Jr

Deck Brewer Jr. has been charged in the decades-old murder of Susan Leigh Wolfe.  (Austin Police Department)

The evidence was entered into the Combined DNA Index System (CODIS), a national DNA database of convicted offenders, unsolved crime scene evidence, and missing persons.

In March, Brewer was identified as a possible match. Then last month, after a DNA search warrant, Brewer came back as a match. 

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University of Texas Austin School of Nursing

Wolfe had just enrolled in the University of Texas Austin School of Nursing on the day she was murdered.  (Google Maps)

Brewer admitted to investigators that he had been in Austin and around the time of the murder, but wouldn’t say anymore without a lawyer. 

The APD said the chance Brewer’s DNA was incorrectly matched is one in 550.5 quintillion. 

“One quintillion is followed by 18 zeros,” police said. 

The case is still active and investigators want to identify the person the witness said they saw in the passenger seat when Wolfe was abducted.

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Los Angeles, Ca

Woman in her 20s dies after Los Angeles hit-and-run; suspect still at large

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Woman in her 20s dies after Los Angeles hit-and-run; suspect still at large

A suspect is at large after he allegedly killed a woman in a hit-and-run collision in North Hollywood on Friday night, authorities confirmed.

The collision occurred around 7 p.m. at the intersection of Victory Boulevard and Beck Avenue. According to the Los Angeles Police Department, a man driving a Toyota Corolla westbound on Victory hit a woman who was crossing the street in a marked crosswalk.

The woman, identified only as a Hispanic woman in her late 20s, was transported to a local hospital, where she later died.

Her full identity is pending notification of next of kin.

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Meanwhile, the man driving the Toyota failed to stop after the collision. The vehicle was later found abandoned along a curb on Victory, east of Troost Avenue.

The suspect was described as a white man in his 50s.

Anyone with information about this collision is encouraged to contact VTD Detective Ramirez at 818-644-8028 or Officer Ruiz at 818-644-8026.

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