A Border Patrol unit armed with beanbags was going after a seasoned Mexican gang that operates by robbing the goods from other gangs smuggling people and drugs. The Mexican bandit gang is armed with AK47s, The Border patrol has state of the art beanbags. The results predictable: Border Patrol Agent gets killed.
The documents say the group of illegal border entrants refused commands to drop their weapons after agents confronted them at about 11:15 p.m. Two agents fired beanbags at the migrants, who responded with gunfire. Two agents returned fire, one with a long gun and one with a pistol, but Terry was mortally wounded in the gunfight.
Border Patrol officials declined to answer questions about protocol for use of force, citing the ongoing investigation.
But Terry’s brother, Kent Terry, said the other agents who were there that night told him that they were instructed to use the non-lethal beanbags first. It’s a policy that doesn’t make sense to Kent Terry.
“You go up against a bandit crew that is carrying AKs, and you walk out there with guns loaded with beanbags – I don’t get it,” Terry said in a phone interview from Michigan. “It’s like going to the Iraqi war with one knife. It boggles my mind. … These guys (Border Patrol agents) are professionals; they should be able to use their judgment call on their own.”
On the night of the deadly encounter, agents were trying to apprehend at least five suspected illegal immigrants. One agent, using thermal binoculars, spotted two men carrying rifles. When the group came close, at least one agent identified himself as police and ordered the men to drop their weapons.
Here’s how the rest of the events are described in the FBI document:
“When the suspected aliens did not drop their weapons, two Border Patrol agents deployed ‘less than lethal’ beanbags at the suspected aliens. At this time, at least one of the suspected aliens fired at the Border Patrol agents. Two Border Patrol agents returned fire, one with his long gun and one with his pistol.
“Border Patrol agent Brian Terry was shot with one bullet and died shortly after. One of the suspected illegal aliens, later identified as Manuel Osorio-Arellanes, was also shot.”
Never bring beanbags to a gunfight.
