Final Fugitive Arrested In Murder Case of Border Patrol Agent Brian Terry

MEXICO CITY – Jesus Rosario Favela Astorga (a.k.a. “Chuy”), who is charged with the first-degree murder of United States Border Patrol Agent Brian Terry, was arrested by Mexican law enforcement officers over the weekend. Favela Astorga’s arrest was based on the United States’ request for his extradition. He was the last remaining fugitive of seven suspects in the case.

“We are deeply appreciative of all who worked to bring to justice those responsible for the murder of Agent Brian Terry, who died serving his country,” said Ambassador Roberta Jacobson. “In particular, we want to thank the Mexican authorities for their tireless efforts to bring these wanted criminals to justice. This arrest is a reminder that we and our partners never forget our fallen law enforcement colleagues and never cease to pursue their killers.” (Audio)

Agent Terry was fatally shot on December 14, 2010, when he and other Border Patrol agents encountered Favela Astorga and four other members of a “rip crew” operating in a rural area north of Nogales, Arizona. Of the seven defendants charged in the case, three have pleaded guilty, two were convicted following a jury trial, and two defendants – Favela Astorga and Heraclio Osorio-Arellanes (arrested by Mexican authorities on April 12, 2017) – are pending extradition to the United States.

The indictment charges the defendants 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 with the “rip crew.”

This case is being prosecuted in federal court in Tucson by attorneys from the Southern District of California, Special Attorneys Todd W. Robinson and David D. Leshner. The U.S. Attorney’s Office for the District of Arizona is recused. The case is being investigated by the FBI. The Justice Department’s Office of International Affairs is providing assistance with the extradition of defendants Favela Astorga and Osorio-Arellanes.