Prosecutors are opposing a request by the parents of a Border Patrol agent fatally shot near the Arizona-Mexico border to become a party in the case against a man accused of buying two rifles found at the shooting scene.
They argue the request by Agent Brian Terry’s parents shouldn’t be granted in the criminal case against Jaime Avila and 19 others accused of participating in a gun smuggling ring.
Prosecutors say Terry was a murder victim, but he wasn’t a victim of Avila’s firearms offenses as defined under the Crime Victims’ Rights Act.
Lawyers for Terry’s parents asked a judge to let them become part of the case so they can stay updated on developments.
Terry died in a Dec. 14 shootout with border bandits north of Nogales, Ariz.