Illegal Alien arraigned for murder in U.S. border patrol agent's death

A Mexican man was arraigned in a federal court Friday for the murder last December of a U.S. Border Patrol agent in Arizona, as well as 13 other charges.

U.S. District Court Magistrate Jacqueline Marshall unsealed the indictment against Manuel Osorio-Arellanes at Arellanes' arraignment in Tuscon, Arizona. Besides second-degree murder, charges against Arellanes include three counts of assault of a federal officer and four counts of using a firearm to commit a violent crime, three counts of re-entry of a deported alien and two counts of illegally possessing a firearm.

In a press release, the office of U.S. Attorney Dennis Burke of Arizona noted that similar charges will be forthcoming against Arellanes' co-defendants -- who are fugitives -- though their identities remain under seal.

"Today's indictment is an important step in the case, but it is only a first step to service justice," said Burke. "This is an active ongoing investigation that is making more and more progress every day."

In an FBI affidavit, Special Agent Scott Hunter said the Border Patrol agents, using thermal binoculars, spotted a group of "at least" five people believed to be illegal aliens around midnight in Peck Canyon near Rio Rico, Arizona, not far north of the border town of Nogales.

As the group drew near, one of the agents identified himself as an officer and ordered the men to drop their weapons.

"When the suspected aliens did not drop their weapons, two Border Patrol Agents deployed 'less than lethal' bean bags at the suspected aliens," Hunter wrote. "At this time, at least one of the suspected aliens fired at the Border Patrol Agents," striking Terry, Hunter wrote.

Then two agents returned fire with a long gun and a pistol, striking one of the men in the group, Hunter wrote.

The group the agents encountered were armed "border bandits," according to T.J. Bonner, head of the agents' union. He said these people typically try to accost illegal immigrants and steal whatever money or possessions they have.

Terry was shot in the exchange and later died, Johnson said.

Arellanes was apprehended after being wounded in the firefight. Since being treated medically, he's been in federal custody on felony immigration charges. The U.S. Attorney said Friday that his co-conspirators -- including the person suspected of firing the shot that led to Terry's death -- fled and remain at large.