Reporter: Steve Nunez
Web Producer: David Rush
TUCSON (KGUN9-TV) - The only person still in custody in connection with the deadly shooting of Border Patrol agent Brian Terry was charged with second degree murder. Manuel Osorio-Arellanes waived his court appearance and did not show up. The judge entered a plea of not guilty.
The judge sealed the indictment in the case but the U.S. Attorney's office confirmed to KGUN9 News that Osorio-Arellanes was charged with second degree murder.
Terry was killed in December 2010 in a shootout near Rio Rico. Agents arrested four people near the murder scene including Osorio-Arellanes. He was seriously injured during the shootout. Three suspects were released, but Osorio-Arellanes was charged with illegally re-entering the country.
Shortly after the December 14th shooting, court records showed Osorio-Arellanes told the FBI he raised his gun at the agents but did not shoot when he realized who they were. According the FBI search warrant, Terry died after being shot once in the back.
Last month, a federal judge sealed the court records for Osorio-Arellanes. Bates Butler III is a former U.S. Attorney for Arizona. He is not connected to Terry's murder investigation.
According to Butler, the judge's legal maneuvering to seal the records suggested he may have agreed to murder charges on the condition the feds give him a lesser sentence such as life in prison. Butler claimed Osorio-Arellanes could also be cooperating as a witness but is not the killer.
Defense attorney Clay Hernandez refused the comment after today's arraignment. The judge set the trial date for June 14.