A U.S. appeals court has overturned the verdict of a man accused of pulling the trigger in the 2010 shooting death of Border Patrol agent Brian Terry, whose death exposed President Obama's botched “Fast and Furious” gun operation.
The surprising change of heart came 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 for Terry's murder on Dec. 14, 2010.
On Friday, the 9th U.S. Circuit Court of Appeals released its decision to overturn the conviction after Osorio-Arellanes argued that 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 have to reach his Fifth Amendment claim,” the ruling states. “The panel rejected the Government's argument that the absence of a Fifth Amendment violation would preclude Osorio's Sixth Amendment claim.”
A MAN CONVICTED OF KILLING BORDER AGENT BRIAN TERRY CALLED ATTENTION TO 'FAST AND FURIOUS'
Heraclio Osorio-Arellanes, right, was among seven people charged in the Dec. 14, 2010, killing of Border Patrol Agent Brian Terry, 40, left, north of Nogales, Arizona. (United States Border Patrol)
The botched “Fast and Furious” operation involved federal agents allowing criminals to purchase guns with the intent of tracing them to criminal organizations.
But the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives lost track of most of the weapons, including two found at the scene of Terry's death.
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The failed Obama-era plan was exposed after Terry's death, prompting his family to sue the government.
Terry's murder brought to light the “Fast and Furious” operation, in which U.S. federal agents allowed criminals to buy weapons with the intention of tracing them back to criminal organizations. (United States Border Patrol)
Terry was part of a four man team in an elite Border Patrol unit that patrols the southern Arizona desert on a mission to find members of “swindle” crews robbing drug traffickers.
They encountered a group and identified themselves as police when they attempted to arrest them.
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The men refused to stop, prompting an officer to fire bags of pellets at them.
The crew responded by firing AK-47 assault rifles. Terry was shot in the back and died shortly after.
Fox News Digital has reached out to the 9th U.S. Circuit Court of Appeals for comment.
