U.S. Attorney's Office Rejects Family of Murdered BP Agent as Crime Victims [Archive] - Glock Talk

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RussP
08-11-2011, 10:18
http://www.foxnews.com/politics/2011/08/11/us-attorneys-office-rejects-family-slain-border-patrol-agent-as-crime-victims/

You must be ****ting me...

The U.S. Attorney's argument is that the family was not "directly or proximately harmed" by the illegal purchase of the murder weapon. He says they do 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."

Y'all gotta read the whole article...take your blood pressure meds first.

:steamed:

BailRecoveryAgent
08-11-2011, 10:40
Sooo, killing a border patrol agent with guns allowed to cross the border by the BATF and the government isn't enough of a crime for his family to be considered victims? A wife and children loosing their husband/father aren't "directly" harmed by his murder?:shocked::wow::steamed::steamed:

Hack
08-11-2011, 12:03
So, US Attorney is denying 18USC concerning family members?

RussP
08-11-2011, 12:11
So, US Attorney is denying 18USC concerning family members?Yes, Crime Victim's Rights Act

Straight Pipe
08-11-2011, 12:22
If this idiot is trying to sweep this incident under the rug to get people to forget about it, he's going about it the wrong way.

SKSman57
08-11-2011, 15:49
Dennis Burke
Born: Chicago, Illinois.
Bachelors: Georgetown University.
J.D.: University of Arizona.
Former Senior Advisor to Department of Homeland Security Secretary Janet Napolitano.
Former Chief of Staff to Arizona Governor Janet Napolitano from 2003 to 2008.
Former Senior Policy Analyst for the White House Domestic Policy Council during the Clinton Administration.
Appointed U.S. Attorney by Barack Hussein Obama.

Morris
08-11-2011, 17:02
I wish I could write that it surprises me . . .

But it doesn't. Not with this administration.

Agent6-3/8
08-11-2011, 21:19
I wish I could write that it surprises me . . .

But it doesn't. Not with this administration.

+1

What the hell is this country coming to...

CAcop
08-11-2011, 21:27
This ********* is going to get the snot kicked out of him in a House hearing. He has made his choice to be under the bus rather than on it.

knoxvegasdaddy
08-12-2011, 09:00
Am I correct in assuming that if the US attorney acknowledges the family's direct victim status, wouldn't he also be acknowledging that the US government is liable for the agent'sdeath? If so, that is shameful!

HoldHard
08-12-2011, 09:49
The cover-up for Fast & Furious knows no bounds....



Coffey and others wonder if Burke has a conflict. It was his office that led Operation Fast and Furious. The operation, while executed by agents for the Bureau of Alcohol Tobacco, Firearms and Explosives (http://www.foxnews.com/topics/politics/bureau-of-alcohol-tobacco-firearms-and-explosives.htm#r_src=ramp), was managed by Assistant U.S. Attorney Emory Hurley. Hurley drafted the response to the family's motion. It was signed by Burke.

Burke may also be trying to protect the federal government. The family may pursue a wrongful death claim against federal agents, including Burke himself.





HH

volsbear
08-12-2011, 10:04
What's shameful is that this stuff isn't making the mainstream television news.

RussP
08-12-2011, 10:59
Here is another story, this one from tucsoncitizen.com.

http://tucsoncitizen.com/usa-today-news/2011/08/11/feds-fight-victim-status-for-agents-family/

The story says neither of the weapons bought by Jaime Avila has been positively identified as the gun that killed Terry, but the firearms also have not been ruled out as murder weapons.

Okay, they know the weapons used to kill Terry were purchased through the F&F program, right? They know where it was purchased and when, right? Why can't they identify the purchaser of the weapons?

Maybe I'm just stupid, but come on, I ain't that stupid!

Dukeboy01
08-12-2011, 11:00
This decision is completely inconsistent with the way that I have seen the crime victim rule applied in child pornography cases. Parents write letters and are considered victims as well in those cases all the time.

Here's a definition from the FBI's "Rights of Federal Crime Victims" page. The bolding is mine, in order to make it easy for everyone to see exactly how it should be applied in this case:

http://www.fbi.gov/stats-services/victim_assistance/victim_rights

A crime victim means a person who has been directly and proximately harmed (physically, emotionally, or financially) as a result of the commission of a federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court may assume the crime victim's rights, as long as that person is not a defendant in the crime being investigated or prosecuted. Foreign citizens may be victims in some cases. Businesses, corporations, and nonprofit organizations can be eligible victims, and an authorized representative of the entity should be designated for purposes of notification. A government agency or entity is not considered a victim for purposes of these rights.

Obviously, if Brian Terry had only been assaulted and not killed, he would have had the right to appear himself as the direct victim of the crime in question. Since he's deceased, that right falls to his estate. Should be simple.

F'n lawyers, man. The first thing we should do is...

Sam Spade
08-12-2011, 11:12
Here is another story, this one from tucsoncitizen.com.

http://tucsoncitizen.com/usa-today-news/2011/08/11/feds-fight-victim-status-for-agents-family/

The story says neither of the weapons bought by Jaime Avila has been positively identified as the gun that killed Terry, but the firearms also have not been ruled out as murder weapons.

Okay, they know the weapons used to kill Terry were purchased through the F&F program, right? They know where it was purchased and when, right? Why can't they identify the purchaser of the weapons?

Maybe I'm just stupid, but come on, I ain't that stupid!

Brian Terry was killed by a through-and-through GSW. There is no bullet to match to the guns recovered, and so they can't be positively ID'd. There were other weapons of the same type used by other bandits that were not recovered at or around the scene. One of those could have been used, even if it's not likely. We don't know the source or buyer of those guns at all, simply because we don't have them.

IIRC, Avilla has been conclusively ID'd as the buyer of the recovered guns. No idea what channels they followed after they left his hands.

dnuggett
08-12-2011, 11:14
Yet another disappointment in a long string of Holder and ATF f ups. Holder needs to be removed from office and brought up on charges and the ATF needs to be disbanded. That is the only acceptable resolution.

Deployment Solu
08-12-2011, 12:26
Oh, the day is coming.............Justice, even for the Justice Dept!!!!! Ye shall reap what ye have sown.

RussP
08-12-2011, 13:27
Okay, they know the weapons used to kill Terry were purchased through the F&F program, right? They know where it was purchased and when, right? Why can't they identify the purchaser of the weapons?

Maybe I'm just stupid, but come on, I ain't that stupid!
Brian Terry was killed by a through-and-through GSW. There is no bullet to match to the guns recovered, and so they can't be positively ID'd...Thanks, Sam...

<------Not stupid, forgetful...:faint:

razdog76
08-12-2011, 14:26
The cover-up for Fast & Furious knows no bounds....



The cover up has been code named, "2 Fast, 2 Furious."

merlynusn
08-13-2011, 09:00
This is horrible. Why don't they just come out and scream from the rooftops "We are covering up our role in this as fast as possible." :steamed:

RetailNinja
08-13-2011, 11:09
I sense a lawsuit will be in order.

Newcop761
08-13-2011, 12:02
I sense a lawsuit will be in order.

I'd like to see Holder and Napolitano in orange jumpsuits...but it won't happen.

ronduke
08-14-2011, 01:24
http://glocktalk.com/forums/showthread.php?t=1360560

CJStudent
08-15-2011, 15:56
I'd like to see Holder and Napolitano in orange jumpsuits...but it won't happen.

That means I'd have to deal with them, though.....thanks! :tongueout:

I agree on both counts, though.