U.S. Attorney's Office Rejects Family of Murdered Border Patrol Agent as Crime Victim

[Team Sergeant]

What a crock of crap! Some feds nedd some jail time over this murder..... It might be time to clean guns and buy more ammo. eric holder you are a spinless coward.
Team Sergeant


U.S. Attorney's Office Rejects Family of Murdered Border Patrol Agent as Crime Victims
By William La Jeunesse

Published August 11, 2011
| FoxNews.com

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."



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[rdret1]

Burke needs to recuse himself right off the bat. His name is on the paperwork, he is in the chain of command for the operation, and he is obviously attempting to misdirect further investigation.

[mark46th]

I don't think he is misdirecting the case, he is covering his ass. If he had OK'd this, he would have incriminated himself and every other Fed involved......

[Badger52]

With due respect to Sen. Grassley & Rep. Issa, I'd sure like to see them have a bit more resolve when requiring cooperation out of the investigated agencies and being told by Big Brother & the Holder Co. to pound sand. Grassley has said he'd support a Special Prosecutor if Issa would call for one. According to a Steve Gill interview way back on July 8th:

He said three things came out of the interviews with Ken Melson, the Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

1. It wasn’t just an ATF operation. FBI and DEA were involved and knew about the operation.

2. This wasn’t controlled by ATF, the U.S. Attorney in Phoenix was in charge.

3. Contrary to the information the investigators had been given by letter, everyone involved knew guns were going across the border.

I wonder how appointment of a Special Prosecutor would impact a US Atty's decision on whether to recuse or not (or run).