Armed illegals stalked Border Patrol

Five illegal immigrants armed with at least two AK-47 semi-automatic assault rifles were hunting for U.S. Border Patrol agents near a desert watering hole known as Mesquite Seep just north of the Arizona-Mexico border when a firefight erupted and one U.S. agent was killed, records show. A now-sealed federal grand jury indictment in the death of Border Patrol agent Brian A. Terry says the Mexican nationals were “patrolling” the rugged desert area of Peck Canyon at about 11:15 p.m. on Dec. 14 with the intent to “intentionally and forcibly assault” Border Patrol agents. At least two of the Mexicans carried their assault rifles “at the ready position,” one of several details about the attack showing that Mexican smugglers are becoming more aggressive on the U.S. side of the border. According to the indictment, the Mexicans were “patrolling the area in single-file formation” a dozen miles northwest of the border town of Nogales and — in the darkness of the Arizona night — opened fire on four Border Patrol agents after the agents identified themselves in Spanish as police officers. Two AK-47 assault rifles found at the scene came from the failed Fast and Furious operation. Using thermal binoculars, one of the agents determined that at least two of the Mexicans were carrying rifles, but according to an affidavit in the case by FBI agent Scott Hunter, when the Mexicans did not drop their weapons as ordered, two agents used their shotguns to fire “less than lethal” beanbags at them. At least one of the Mexicans opened fire and, according to the affidavit, Terry, a 40-year-old former U.S. Marine, was shot in the back. A Border Patrol shooting-incident report said that Terry called out, “I’m hit,” and then fell to the ground, a bullet having pierced his aorta. “I can’t feel my legs,” Terry told one of the agents who cradled him. “I think I’m paralyzed.” Bleeding profusely, he died at the scene...A number of rank-and-file Border Patrol agents have questioned why the case has not gone to trial, nearly a year after Terry’s killing. Several also have concerns about the lack of transparency in the investigation, compounded now by the fact that the court case has been sealed. Shawn P. Moran, vice president of the National Border Patrol Council, which represents all 17,000 nonsupervisory agents, said it is rare for illegal immigrants or drug smugglers to engage agents in the desert, saying they usually “drop their loads and take off south.” “The Brian Terry murder was a real wake-up call,” Mr. Moran said. “It emphasizes the failed state of security on the U.S. border, which poses more of a threat to us than either Iraq or Afghanistan. We have terrorism going on right on the other side of the fence, and we’re arming the drug cartels...Mr. Moran, himself a veteran Border Patrol agent, said he also was “surprised” that the suspected Mexican gunmen were carrying their weapons at the ready position, meaning that the butts of the weapons were placed firmly in the pocket of the shoulder with the barrels pointed down at a 45-degree angle. He said this probably meant they had some level of military training. More than 250 incursions by Mexican military personnel into the United States have been documented over the past several years. The Border Patrol has warned agents in Arizona that many of the intruders were “trained to escape, evade and counter-ambush” if detected. The agency cautioned agents to keep “a low profile,” to use “cover and concealment” in approaching the Mexican units, to employ “shadows and camouflage” to conceal themselves and to “stay as quiet as possible.”...more