Ivan Soto-Barraza, who is charged with the first degree murder of United
States Border Patrol Agent Brian Terry, was extradited to the United
States from Mexico today,
announced Attorney General Eric Holder and U.S. Attorney Laura E. Duffy
of the Southern District of California.
Agent Terry was fatally shot on Dec. 14, 2010, when he and other Border
Patrol agents encountered Soto-Barraza and others in a rural area north
of Nogales, Arizona. Of six defendants charged so far, two have pleaded
guilty and two are awaiting trial.
“This marks another step forward in our aggressive pursuit of those
responsible for the murder of Agent Brian Terry, who made the ultimate
sacrifice while serving his country,” said Attorney General Holder. "We
will never stop seeking justice against those who do harm to our best
and bravest."
“This extradition is another major development in the pursuit of justice
for Agent Terry and his family,” said U.S. Attorney Laura Duffy. “As we
continue to make significant progress in this case, we are constantly
motivated by the memory of Agent Terry and his sacrifice for our
country.”
Soto-Barraza is scheduled to be arraigned in federal district court in
Tucson, Arizona, on August 1, 2014. The indictment charges Soto-Barraza
and others with first degree murder, second degree murder, conspiracy to
interfere with commerce by robbery, attempted interference with
commerce by robbery, use and carrying a firearm during a crime of
violence and assault on a federal officer. In addition to the murder of
Agent Terry, the indictment alleges that the defendants assaulted Border
Patrol Agents William Castano, Gabriel Fragoza and Timothy Keller, who
were with Agent Terry during the firefight.
On July 20, 2012, in order to seek the public’s assistance, Department
of Justice officials announced a reward of up to $1 million for
information leading to the arrest of four fugitives: Jesus Rosario
Favela-Astorga, Heraclio Osorio-Arellanes, Lionel Portillo-Meza and
Soto-Barraza. Portillo-Meza was captured in Mexico in September 2012 and
extradited to the U.S. from Mexico on June 17, 2014. Soto-Barraza was
captured in Mexico in September 2013.
Favela-Astorga and Osorio-Arellanes are fugitives.
A fifth defendant, Manuel Osorio-Arellanes, pleaded guilty to first
degree murder and was sentenced to 30 years in prison in February 2014. A
sixth defendant, Rito Osorio-Arellanes, who was in custody at the time
of Agent Terry’s murder, pleaded guilty to conspiracy to interfere with
commerce by robbery and was sentenced to eight years in prison in
January 2013.
This case is being prosecuted in federal court in Tucson by attorneys
from the Southern District of California, Special Attorneys Todd W.
Robinson, David D. Leshner, and Fred Sheppard.
The U.S. Attorney’s Office for the District of Arizona is recused.
This case is being investigated by the FBI. The Justice Department’s
Office of International Affairs provided assistance with the
extradition.
The public is reminded that an indictment is a formal charging document
and defendants are presumed innocent until the government meets its
burden in court of proving guilt beyond a reasonable doubt.