Brian Terry’s family denied victim status in trial
Fox News reports that the family of murdered Border Patrol Agent Brian Terry has been denied their request to intervene in the case against Jamie Avila, the Pheonix man who purchased the weapon that eventually killed Agent Terry.
…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.”
Obviously, the feds are trying to absolve themselves of any culpability because they allowed that gun to be put in the hands of the criminal who killed Agent Terry in their “Fast and Furious” project which forced United States gun dealers to sell weapons to people the gun dealers knew were supplying Mexican cartels.
Category: Barack Obama/Joe Biden, Guns, Legal
“Obviously, the feds are trying to absolve themselves of any culpability because they allowed that gun to be put in the hands of the criminal who killed Agent Terry “. Bingo…
Dennis Burke is trying to get ahead of this, by making it into, basically, a property crime.
No murder to see here, move along. This administration is beyond contempt.
This may be a case wherein 2d Amendment supporters have to support the criminal Police agencies over the murdered man’s family.
This argument sounds similar to lawsuits going after gunmakers, and FFL dealers who made/sold weapons that were later used to facilitate crimes.
As an extra bonus to “Fast & Furious,” the Feds can use all those guns as an excuse to clamp down on the 2nd Amendment rights of folks in the border states. Never mind that it is the Feds fault that the guns are their in the first place…
DaveO: I’m not sure I can agree with you there. If anything, the government should be held to a higher standard. A manufacturer isn’t negligent by making the weapons they sell. So long as dealers follow the law, they aren’t negligent. The government, in this situation, however, was GROSSLY negligent and those responsible should be held accountable for that negligence that got good people killed…
From the Fox article, “Some speculate that the U.S. Attorney’s Office may cut a deal with Avila in exchange for information to be used against his associates. That deal could mean little or no jail time, and a controversial sentencing day in the courtroom”. And being denied their status as victims, Agent Terry’s family would not be able to address the court prior to sentencing of Avila.
Also, the assistant US Attorney who oversaw F&F, is the one who wrote the denial of the family’s request. Might that be just a small conflict of interest?
#4 Miss Ladybug,
You make true points, and I agree with you. I’m looking at the legal case from the question of: in denying victim status to the Terrys, does DOJ (which is prosecuting itself) contend that the gun killed the man, and not a human?
From there, we get the Brady bunch chorale.
The question is, would the shooter have been a shooter in that instant, if not for the gov’t allowing him to make that purchase?
Sounds like the beginning of Communist Soviet-era doublespeak.
“We, the Commissars of the USSA, declare in double-secret hearings, that the dead agent Brian Terry, is a non-person. Therefore, his parents and family are non-victims. That is all.”