SAN DIEGO, CA – Jesus Rosario Favela Astorga, who is charged with the first-degree murder of U.S. 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 in the case.
Agent Terry was fatally shot on Dec. 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 arrest of Favela Astorga resulted from the unwavering commitment of the United States and our law enforcement partners in Mexico to bring to justice those responsible for the murder of Agent Brian Terry, who made the ultimate sacrifice while serving his country,” said Acting U.S. Attorney Alana Robinson. “We are pleased that each of the seven defendants who have been charged with playing a part in the death of Agent Terry will be held accountable for their actions.”
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, Arizona 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.
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.
