The 9th U.S. Circuit Court of Appeals vacated the convictions of Heraclio Osorio-Arellanes, saying his constitutional due process rights had been violated, and sent the case back to the U.S. District Court in Arizona for further proceedings.
Osorio-Arellanes confessed while in a Mexican prison to a Mexican attorney and was sentenced in 2020. His new attorneys successfully lobbied for a new trial arguing his confession was taken in violation of his constitutional right to an attorney who knows the ins and outs of American law.
“He had absolutely no clue, none whatsoever, about the charges, no clue about the applicable law,” his attorney argued in front of the 9th Circuit court in February.
“He knew darn well what he was doing when he put that AK-47 in his hands,” said Brian Terry’s uncle Ralph Terry, who is also the President of the Brian Terry Foundation. "He knew what he was doing when he put bullets in that AK-47. He knew what he was doing when he aimed it at Brian and he knew what he was doing when he pulled the trigger.”
The family says they were surprised to learn of the court’s ruling.
“The Terry family does honor our constitution, and the law and the court,” Ralph Terry told ABC15. “We’re hoping the district court will go back and refile charges and keep Brian’s murderer in prison.”
Osorio-Arellanes was one of seven men charged in the shooting of Terry - that also uncovered the fast and furious scandal where American federal agents allowed guns to get into the hands of criminals.
Today the Brian Terry Foundation carries on his legacy - providing funds to families of those killed in the line of duty and providing scholarships to the next generation of law enforcement.
“Brian has become a hero to them and we’re happy to be able to help them afford college and their career forward,” Ralph said.
