Not Even 24 Hours

Do we have all the facts – the real facts and not just suppositions – on the murders in El Paso or Dayton yesterday?

Of course the answer is no.

But does that stop the gun prohibitionists from dancing in the blood of the victims and from raising money?

Again, a big no.

This email was received less than 24 hours before the murderer started his rampage in El Paso.

chapters are the heart and soul of our efforts and the ‘boots on the
ground’ in this battle against the epidemic of gun violence. If you’re
already involved, please forward this to a friend and ask them to join.

I am reminded of the response that attorney Joseph Welch gave to Sen. Joe McCarthy during the Army-McCarthy hearings.

Have you no sense of decency, sir? At long last, have you left no sense of decency?

The answer for the Brady Campaign and others of their ilk is a resounding NO!

“I’m From The Government And I’m Here To Kill You”

That is the title of Second Amendment attorney Dave Hardy’s new book. It details how Federal negligence and arrogance got people killed and how the perpetrators got away free due to the law. I’ve been reading the book and will post a full review of it in the near future. From what I’ve read so far, I highly recommend it.

However, this post isn’t about Dave’s book but rather about how negligence on the state and local level in California allowed a mentally disturbed and often violent man to kill five people before he himself was killed in a shoot-out with police. The murders happened earlier this week in Rancho Tehama Reserve. In addition to the murders, this mad man shot up the local elementary school wounding one student.

The murderer was out of jail on bail from an assault in January where he had been charged with a total of five felonies and two misdemeanors. At the time he was released on bail, the judge in the case ordered him to surrender his firearms and had issued a protective order which barred him from “owning, possessing, purchasing or attempting to purchase firearms.” He had certified to the court that he had turned in his firearms to the custody of a local gun shop.

At the time of his shootout with police, the murderer was found to be in possession of two semi-auto rifles which seem to have been made by him as well as two handguns registered to someone else.

As reported by the Orange County Register, police were called to his residence many time between January and this week’s murders. However, he always refused them entrance.

Why were police called to his residence?

At a tense news conference Wednesday, police conceded that neighbors had repeatedly complained about (the murderer) firing hundreds of rounds from his house.

Tehama County Assistant Sheriff Phil Johnston said authorities responded to calls several times, but the 44-year-old (murderer) wouldn’t open the door, so they left.

“He was not law enforcement friendly. He would not come to the door,” Johnston said. “You have to understand we can’t anticipate what people are going to do. We don’t have a crystal ball.”

So you have neighbors reporting that a prohibited person is having target practice in his yard and the local law enforcement does nothing about it. Let me repeat that he was out on bail awaiting trial on five felonies and had a protective order against him banning his possession of any firearm.


As law professor Laurie Levenson of Loyola Law School makes clear below, they didn’t need his permission to enter.

“You can have probable cause even if officers don’t see a gun or hear shots,” she said. “They do not have to see the suspect with the weapon if all the circumstantial evidence indicates that he is violating the orders.”

Levenson said officers don’t even need a warrant to search a suspect’s home if they believe the caller and the evidence they are hearing and collecting indicate the suspect is firing a gun.

“If an officer believes there is someone with a weapon who is not entitled to have a weapon, the law permits the officer to go in,” she said.

While I imagine confronting a man who reportedly had both anger issues and was somewhat psychotic is dangerous, that is what police are paid to do and that is why they have SWAT teams.

No one knows if the killer’s wife, neighbors, and the random people shot or killed would still be alive if the police had intervened when the neighbors called to complain but the odds certainly are higher.

I don’t know California law as to whether the Tehama County Sheriffs’ Department can be held liable for negligence. As Dave Hardy makes clear in his book, under Federal law this negligence would come under the “discretionary function exemption” and not a damn thing would happen to that department.

The other thing I do know is that no new gun control law would have stopped this killer. There were laws on the books that were meant to prevent him from having firearms. They were ignored. Moreover, the police declined to enforce them even in the face of complaints from neighbors that indicated he was violating the law. Gun  control laws stop the law abiding. They don’t stop criminals and they don’t stop those intent on ignoring the law.

So Do We Need The Coalition To Stop Ax Violence?

In what only can be considered an extremely sad story, a Phoenix father murdered his son with an ax on New Year’s Eve.

The Phoenix police were called by the 13 year-old boy’s mother when the father failed to return the child to the mother after his visitation period. The parents are divorced.

From ABC 15 in Phoenix:

When officers arrived, (the father) told them his son was not home. Officers asked more questions and the suspect allowed officers into his home, Martos said.

When police entered the home, they found 13-year-old David Sherrill deceased with signs of trauma. (Phoenix PD Sgt. Steve) Martos said the victim had stab wounds and lacerations to several parts of his body.

When homicide detectives arrived, (the father) confessed to killing his son with an ax and told officials he was scared of his son. He told police he believed his son was a demon and was going to eat him.

There is no Coalition to Stop Ax Violence and I doubt we are going to see calls for universal background checks for ax purchases.

This tragic story illustrates two things.

First, the tool used to commit murder is irrelevant. Young David Sherrill is just as dead from an ax as he would have been from a firearm. The only difference is that this murder was, in my opinion, more brutal.

Second, as with rampage shootings, it is mental illness that is the real issue. A sane person doesn’t go on a rampage shooting and a sane person doesn’t murder his own son with an ax.

Indictment In Brian Terry Murder Unsealed

The Justice Department today unsealed the indictment for the murder of Border Patrol Agent Brian Terry. The FBI also announced a $1 million reward for information leading to the four men who were indicted that are not in custody. Two others are already in Federal custody and have been for some time.

Watch the latest video at <a href=””></a>

When asked about the unsealing of the indictment, Chairman Issa applauded the unsealing of it but questioned the timing of it. He thought the release of it now was an effort to divert attention from the House’s contempt citation of Attorney General Eric Holder.

From the Fox News report by William LaJeunesse and Megyn Kelly:

The 11-count indictment, originally handed up by a grand jury in November 2011, implicates five defendants in the killing. A sixth suspect has also been charged in a related incident.

The two men in custody are Manuel Osario Arellanes — who was wounded in the foot the night of the firefight — and his brother Rito. Rito, who was arrested two nights before the Terry shooting, allegedly helped provide weapons to the criminal gang used in the shooting. All six men named in the indictment are either related or friends.

The other four are believed to be hiding out in Mexico, and the U.S. is now offering a reward of up to $1 million for information leading to their arrest. They are: Jesus Rosario Favela-Astorga; Ivan Soto-Barraza; Heraclio Osorio-Arellanes; and Lionel Portillo-Meza.

The indictment charges Manuel Osario-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Orsorio-Arellanes, and Lionel Portillo-Meza with 1st Degree Murder, 2nd Degree Murder, Robbery, four counts of Assault on a Federal Officer, and Using and Carrying a Firearm during a Crime of Violence.

The indictment names all of the five men above plus Rito Orsorio-Arellanes with Conspiracy to Interfere with Commerce by Robbery. The indictment also charges Manuel Osario-Arellanes with two counts of a Felon in Possession of a Firearm. Finally, the indictment seeks forfeiture of the two AKs that have been linked to Operation Fast and Furious plus ammunition. The ammo to be forfeited includes boxes of 7.62×39 as might be expected plus a box of .45 ACP and two boxes of .223. You have to wonder if any of the firearms that used the latter were part of Operation Fast and Furious.

I have embedded the full unsealed indictment below:

USA v. Manuel Osario Arellanes et al

More Court Documents Released In Agent Terry’s Murder

Lori Jean Gliha of ABC15 in Phoenix has been one of the best local sources for information on Project Gunwalker. Her station and five others sued to get more court documents released in the murder of Border Patrol Agent Brian Terry. We finally have a name and a charge for the person who pulled the trigger: Manuel Osorio Arellanes is charged with second degree murder in Terry’s death.

Those documents can be found here. The firearm that Manuel Osorio Arellanes or the other redacted defendant was accused of possessing, a Romanian WASR-10/63 AK-47, serial number 1971CZ3775, was one of two Operation Fast and Furious firearms traced to the murder scene. (See p.46 of the Oversight Report) I may be mistaken as I’m going from memory here but I don’t think either of these weapons had been tied conclusively to Agent Terry’s murder before now. It has always been said they were at the scene but never used in his murder. If the court documents are accurate – and there is no reason to believe that they aren’t – then the government is now saying a gunwalked AK was used to kill Agent Terry.

This is political dynamite! No wonder the Democrats are working so hard to blame the locals and exonerate Eric Holder.

UPDATE: In an article published last night, Dennis Wagner of the Arizona Republic says the second person indicted for the murder of Border Patrol Agent Brian Terry is Rito Osorio-Arellanes.

The U.S. District Court documents name Rito Osorio-Arellanes, 41, who is believed to be a brother of the only previously named defendant, Manuel Osorio-Arellanes.

Wagner notes in his article that there is a third suspect who remains at large and who has not been identified.