Heraclio Osorio-Arellanes, who is charged with participating in the murder of U.S. Border Patrol Agent Brian Terry, was taken into custody by Mexican authorities in Chihuahua, Mexico on Wednesday based on a provisional arrest warrant issued at the request of the United States.

“The Department of Justice is pleased that the suspected killer of Border Patrol Agent Brian Terry has been captured and will now face justice for this terrible crime,” said Attorney General Jeff Sessions. “We are grateful for the efforts of the Federal Bureau of Investigation, U.S. Marshals Service and U.S. Customs and Border Protection. I especially want to commend the government of Mexico and specifically the Mexican Navy (SEMAR) and Mexico's Office of the Attorney General (PGR) for their courage and their outstanding work in the daring operation that apprehended this dangerous defendant. To anyone who would take the life of an American citizen, in particular an American law enforcement officer, this action sends a clear message: Working closely with our international partners, we will hunt you down, we will find you, and we will bring you to justice.”

Osorio-Arellanes is one of seven defendants charged in the District of Arizona with murder and other crimes arising from the murder of Agent Terry on Dec. 14, 2010. Osorio-Arellanes will be transported to Mexico City for extradition proceedings.

With Osorio-Arellanes' arrest, six of the seven defendants in this case are in custody:

Defendants Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza were arrested in Mexico and subsequently extradited to the United States in 2014. They were convicted by a jury of first-degree murder and other offenses in December 2015 following a jury trial and were sentenced to life in prison.

Defendants Manuel Osorio-Arellanes and Rosario Rafael Burboa-Alvarez pleaded guilty to first-degree murder; Osorio-Arellanes was sentenced to 360 months in prison, while Burboa-Alvarez was sentenced to 324 months.  Defendant Rito Osorio-Arellanes pleaded guilty to conspiracy to interfere with commerce by robbery and was sentenced to 96 months in prison.

Defendant Jesus Favela-Astorga is a fugitive in Mexico. The Federal Bureau of Investigation, the U.S. Marshals Service, and Mexican authorities are working to locate this defendant.

“Agent Terry gave his life protecting our country,” said Acting U.S. Attorney Alana W. Robinson for the Southern District of California. “While we cannot reverse this tragedy, we will not stop until justice is complete in this case.”

The case is being prosecuted by attorneys from the Southern District of California, Special Attorneys Todd W. Robinson and David Leshner. The U.S. Attorney's Office for the District of Arizona is recused. The case was investigated by the FBI. The apprehension was a coordinated effort by the Mexican Navy (SEMAR), Mexico's Office of the Attorney General (PGR), FBI, U.S. Marshals Service and U.S. Border Patrol with significant assistance provided by the Criminal Division's Office of International Affairs.

Osorio-Arellanes Indictment

Office of the Attorney General USAO – California, Southern Updated April 13, 2017

Southern District of California DOJ / 14-405 / April 13, 2017