A suspect in the murder of US Border Patrol agent Brian Terry has been extradited from Mexico. One suspect remains outstanding. What I find interesting is the laundry list of charges against him. First-degree and second-degree murder, assault on a federal officer, carrying a firearm during a crime of violence.

For those of you that need a recap of the facts, Terry was part of a Border Patrol team looking for a “rip-off” crew operating in the Nogales area. Rip-off crews target illegal aliens and drug smugglers crossing the no-man’s land on the border. Their object is to rob whoever they come across and steal money, valuables, and drugs. On this occasion, they ran across the Border Patrol and a firefight ensued. Terrt was killed. It trns out that Terry was killed by a weapon illegaly purchased in the United States and under the supervision of the Bureau of Alcohol Tobacco and Firearms (BATF).

Suspect Heraclio Osorio-Arellanes allegedly used a gun from Operation Fast & Furious, a gun-running scheme established under former Attorney General Eric Holder’s Department of Justice. He will face charges of first degree murder and have an arraignment in Tucson, Arizona. Here is a portion of the press release from the United States Attorney’s Office.

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 U.S. Border Patrol Agents William Castano, Gabriel Fragoza and Timothy Keller, who were with Agent Terry during the firefight with the “rip crew.

Here is an explanation of “interstate or foreign commerce.”

According to 18 USCS § 921 the term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

I have a problem with two additional charges, (in red). The allegation of “interstate commerce” is the hook that triggers federal prosecution. It isn’t really needed, because Terry was a federal agent performing his duty. I saw it most often in gun cases. Firearms or ammunition were manufactured in one state and subsequently sold or used illegally in another state. The gun or ammunition was a legal product up until the time it was used in an unlawful manner. The items were transported across state lines by a common carrier, regulated by the government.

In this instance, we have a crew of illegal aliens, who crossed the border illegally in order to commit a felony. They used weapons illegally obtained and assaulted federal officers and caused the death of one. Nothing about their enterprise was legitimate. I didn’t realize that a criminal act was subject to government regulation. Does that mean workplace safety, wage and hour, and affirmative action rules are in play?

Now if we can just get Holder listed as an unindicted co-conspirator.