From Judicial Watch: Murdered Border Agent Forced To Use Nonlethal Beanbags

Who brings beanbags to a gun fight? Seriously?!? Sadly, our Border Patrol agents HAVE TO because that is how we are combatting the immigration issue on our borders now.

Steve over at America’s Watchtower has an excellent analysis of the issues at play which you can read here: “Murdered Border Patrol agent was armed with a beanbag gun“. This report comes from Judicial Watch. The added emphasis is mine as this is the part that really needs to be considered closely…


Murdered Border Agent Forced To Use Nonlethal Beanbags

by Judicial Watch, Inc. on Friday, March 4, 2011 at 11:40am

A policy requiring U.S. Border Patrol agents to use nonlethal bean bags as a first line of defense evidently led to the murder of an agent who was gunned down by a heavily armed group of illegal immigrants in Arizona.


The deadly gun battle took place on December 14, but the Department of Homeland Security has kept details from the public under the often-invoked premise that it’s an “ongoing investigation.” However, this week an Arizona newspaper obtained FBI files relating to the case and the details are sure to ignite rage among those who favor securing the increasingly violent southern border.

The murdered agent, Brian Terry, and his colleague encountered five illegal border crossers at around 11:15 p.m. in an area known as Peck Canyon, northwest of Nogales. The illegal aliens refused commands to drop their weapons and the two federal agents proceeded to fire beanbags, as per Border Patrol policy to use nonlethal force against migrants.

Turns out the illegal immigrants were heavily armed with sophisticated assault weapons known as AK-47s. They responded to the beanbags with gunfire and agent Terry was mortally shot in the back. The agents eventually returned fire but it was too late. Terry was a member of a highly trained tactical unit (Bortac) that was targeting a group that robbed and assaulted drug runners and illegal aliens.

Making matters worse, a separate news report indicates that the gun used to murder Terry was actually part of a federal experiment that allowed firearms from the U.S. to be smuggled into Mexico so they could eventually be traced to drug cartels. Instead, federal law enforcement officers have lost track of hundreds of guns which have been used in numerous crimes.,0,7581670,full.story

Among them were at least three guns found at the Peck Canyon scene of Terry’s murder. The weapons were traced through their serial numbers to a gun shop in Glendale, Arizona, which led to a Phoenix man (Jaime Avila) that the feds repeatedly allowed to smuggle firearms into Mexico. Known as Operation Fast and Furious, the disastrous project was run by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

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10 Responses to From Judicial Watch: Murdered Border Agent Forced To Use Nonlethal Beanbags

  1. Bunkerville says:

    Disgusting…and now Zero says FBI agents must be unarmed while in Mexico.

  2. So we essentially have mall rent-a-cops securing our border? That’s reassuring.

  3. Snoring Dog Studio says:

    Who the hell is in charge? Frankly, Q, I followed that link to read: “The Obama regime and the Department of Homeland Security simply do not take the threat of illegal immigration seriously …” Really? The Dept. of HS was created by Bush. I’m not sure what Obama has to do with this policy – is the issue that he’s not aware of it or supports it? Wha? Huh? I’m always looking for the details that aren’t there.

    • Well, to somewhat answer your questions… who is in charge? President Obama is in charge because he has been the Commander in Chief for two years and he is responsible for all that happens under his watch. He appointed Janet Napolitano to head the DHS, not President Bush and for that he supports her decisions until he removes her from her post. Janet Napolitano has repeatedly shown an absolute vacancy as to the reality of what is happening on our southern border. Heck she couldn’t remember how many days there are in a year… it’s not 364 even on a special calendar.

      To somehow attempt to connect this to the Bush administration is void of merit based on the fact that the incoming president assumes control and if there are any areas that he needs to change or address, then he is to do so otherwise he accepts things as they are and is accountable for the outcomes. I certainly hope that this administration knows that. President Bush did create the Dept of Homeland Security and for that he is responsible for creating a government bureaucracy that clearly is mismanaged today. I went to for any info regarding “rules of engagement policy” or “non-lethal weapons policy” or “border patrol bean bags policy” and I found no worthwhile information regarding a date for when the ROE policy was enacted.

      After doing a Google search, I came across a very interesting synopsis of the event and the “spin” to cover up the material facts afterwards. There appear to be plenty of parties trying to hide what has come out now. Read this article(it’s VERY lengthy but I may try to formulate a blog post off of it sometime) and you will see the wide-ranging stories immediately after the shooting.
      I also went to the Local 2544 of the National Border Patrol Council to verify that their statements are in fact on the website and as of right now, they are there. Who knows what will happen down the road as to info on that site… it seems like a lot of things disappear from the web now.

      I hope that helps to provide some sort of answers. I ask the same question you do, “Who the hell is in charge?” but naturally I think we arrive at different answers by virtue of our differing political perspectives. I am sure we agree on this though… I hope things change and we won’t see our Border Patrol agents carrying bean bag guns 10 miles on our side of the border and being forced to engage heavily armed illegals anymore. Let them bring a gun to a gun fight.

    • Ok, Snoring… I found another piece to the puzzle. The program called “Project Gunrunner” started in 2005… “In 2005, the ATF created Project Gunrunner “to stem the flow of firearms into Mexico and to drug gangs.” from:

      I haven’t had time to go through all of the links at the end of that article but there a few links that may shed more light on the program as well as the Rules Of Engagement for Border Patrol agents.

    • Ok, we’re getting there… Here’s another article that sheds some light on it. Going back to 2007, here is another article that details Rules of Engagement. It does pull into the debate some ROE for National Guard. Clearly, the ROE going back to Bush suck… I still stand on the fact that this problem lies with the current administration because it happened under their watch. In honest fairness, I would 100% pin this on Bush during his admin if it were 2007 or 2008 but as I said earlier, 2 years into Obama’s term he has to be held accountable.


  4. Snoring Dog Studio says:

    Sorry, Q. Everything you’re citing does nothing to confirm that agents were told to use beanbags instead of bullets. The articles you list contain innuendo and rumor – no facts. The first article refutes much of what the other two claim, including using a Republican candidate for POTUS as the fact finder. I don’t want to get into a back and forth about what the real truth is here — because it looks like, for political reasons, people want to make this a story, a conspiracy. Where are the facts? The reason I rarely engage in these kinds of discussions in blogs has everything to do with: “who gets to own the truth?” “which article or spokesperson supports my political ideology?” “how is it possible to know the facts when people with agendas, Republicans, Tea Partiers, or Democrats distort them?”

    • Your last statement there kind of sums it up for me… When you decided to follow my blog, you decided to follow a conservative blog. I will not waiver on my position and I will not engage in rhetorical debate on my blog either. This is my blog. This says right at the very top of the page, “Thoughts on government, current issues, and the U.S. Constitution”. The key part is “Thoughts”, I am not a journalist or reporter with avenues of direct contact to sources. I rarely post comments on liberal blogs because it is in my opinion that if you have nothing to actually bring to the discussion that is positive, then don’t bring anything at all… you’re not going to change someone’s perspective in their home. So far, you have chosen to nitpick and challenge the information provided. I spent plenty of time yesterday trying to find material to give you insight instead of spending time with my family.

      There are facts throughout all of the articles I have provided for you but you fail to accept them because you perceive everything has an agenda to it… no answers will ever come without a side to it. There is an old adage… there are three sides to every story: his, hers, and the truth. What is often overlooked in that is that the truth may run through both his and hers as well.

      If you are unwilling to accept the fact finding process, then you will always be mired in innuendo yourself. You have to ask questions and push for answers but you don’t disregard what you’ve come across because it doesn’t fit your perspective. I accept everything at face value and then I do my own research. It is in my opinion that Judicial Watch is accurate as they have always been accurate. Their only agenda is to get facts. They did the same things during the Bush administration that they are doing today with the Obama administration. They set out to find out the truth behind stories that are relevant to America and the liberties of her citizens regardless of which party they are dealing with… a true non-partisan group. They have released information and linked to an article that cites FBI files which support the reports of BP agent Terry being armed with a bean bag gun. It is also all over the news now as such. I’m not sure what else you need for information to help you accept the truth that our border agents are being forced into ROE that will ultimately put them in harm’s way and that our southern border is severely underestimated by the current administration.

      On my blog, I will not accept any unfair cameos of the “blame Bush” mantra. I was not an ardent supporter of him but it has become the defacto excuse to associate everything that the left doesn’t like to Bush and that is patently unfair.

  5. Snoring Dog Studio says:

    Q: You’re reading far too much of an adversarial nature in my comment, but, that is the imperfect nature of what we do here when we try to put our thoughts into words. It’s unfortunate that you had to give up time with your family to instruct me. I wish I could be more comfortable with what I read online. Since I started blogging, I’ve had my eyes opened on numerous occasions. I’ve also been able to embrace the notion that finding opinions is far easier than finding actual facts. The discomfort of the ambiguity and ambivalence I feel when I just can’t decide what to believe is palpable. Last evening, during my book club, I questioned another member about the other side of the Wisconsin union issue. I wanted information and other viewpoints. What I experienced was very strong emotion that came from a belief that I disagreed with her views. That wasn’t at all the case. I’m here to learn, not to antagonize, which, apparently I have done with you. I’m flawed. Immensely, so. I’m just a traveler in this life trying to learn as much as I can with the little time I have after my day job.

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