PHOENIX - A man who purchased two rifles found at the scene of the fatal shooting of a Border Patrol agent north of the U.S.-Mexico border was sentenced Wednesday to nearly five years in federal prison.
Jaime Avila Jr., 25, received a sentence of 57 months, a penalty on the lower end of federal guidelines, for his acknowledged role in a gun-smuggling ring targeted in a botched federal investigation known as Operation Fast and Furious.
Two assault weapons acquired by Avila from a suburban Phoenix gun store were found in the aftermath of a 2010 shootout that mortally wounded Border Patrol Agent Brian Terry near the Arizona border city of Nogales. The firefight was between border agents and five men who had sneaked into the country from Mexico for the purpose of robbing marijuana smugglers.
Avila looked on without any visible emotion as Terry's cousin, Robert Heyer, spoke on behalf of the agent's family.
"It probably goes without saying that the Terry family wishes there was some way that Mr. Avila could be held responsible for Brian's death," Heyer said as his voice cracked with emotion.
Avila, dressed in an orange jail uniform and bound by handcuffs, said he wished he could change things and wants to be around for his young son.
"I just want to say sorry to the Terry family," Avila told the judge, adding that he was trying to change his life.
U.S. District Judge James Teilborg said it was clear that Avila showed remorse but also pointed out the serious consequences of illegal gun purchases. "These were clearly weapons of war," Teilborg said.
Authorities say the ring that Avila worked for bought guns and smuggled weapons into Mexico for use by the Sinaloa drug cartel.
Avila isn't charged in Terry's death. Prosecutors have said straw buyers can't be held criminally liable for violence committed by others with such illegally purchased guns.