(Source: Maricopa County Sheriff's Office)Jaime Avila Jr. was sentenced to 57 months in prison Wednesday for his role in a gun-smuggling ring monitored during the botched Fast and Furious federal investigation.
The man who admitted to buying guns as part of a smuggling ring, including two rifles found in the aftermath of a 2010 shootout that killed U.S. Border Patrol Agent Brian Terry, was sentenced to 57 months in prison Wednesday as part of a plea agreement accepted by a Superior Court judge.
Jaime Avila Jr., 25, was given the sentence after he pleaded guilty to conspiracy for acting as a straw buyer of guns for a Mexican drug cartel being monitored as part of a botched federal investigation known as Fast and Furious.
Avila had admitted to lying that the weapons he bought were for him and not the drug cartel, and out of an original 57-count indictment, he was charged with only five counts.
His defense argued that he was responsible for purchasing 52 firearms out of the "thousands" that could be linked to the case and was simply following the orders of his leaders. The defense also claimed the lure of money to satisfy his substance abuse habit was responsible for his involvement.
The prosecution claimed he was directly and indirectly responsible for up to 90 "weapons of war" involved in Fast and Furious and that he recruited two other people to purchase weapons that he would take into Mexico.
Avila could have faced a maximum sentence of 63 months under the agreement, according to the judge. Avila was facing as much as 10 years under the original charges.
The Terry family had sought to be classified as crime victims in the case, but the U.S. attorney opposed that request.
However, the judge did grant a motion allowing Terry's cousin to address the court Wednesday.
"Mr. Avila's actions had deadly consequences," said Robert Heyer, Brian Terry's cousin, in a victim impact statement before the sentencing.
"He had a choice through all of this and he chose to purchase these weapons," Heyer said.
"He walked into gun stores, falsified documents and took delivery and passed these weapons off. Mr Avila's actions started a chain of events that ultimately ended the life of a Border Patrol agent," Heyer said as the family asked the judge to consider the maximum sentence.
"The Terry family wishes he could be held directly responsible for Brian's death, but we know this is not legally possible."
Copyright 2012 CBS 5(Meredith Corporation). All rights reserved.
READ: Sentencing reset for man in gun probe (6/7/12) READ: Key ATF agents blame prosecutors (4/15/12) READ: 2nd man ID'd in agent's killing (2/14/12) READ: Parents of slain agent sue DOJ (2/1/12) PDF: DOJ's full report (9/19/12) More>>
Thursday, December 12 2013 10:51 PM EST2013-12-13 03:51:02 GMT
(WFAA/KTVT/CNN) - A Texas teenager killed four people while driving drunk and his attorney chose an unusual defense to keep him out of prison. Ethan Couch got drunk then jumped behind the wheel of hisMore >
A Texas teenager killed four people while driving drunk and his attorney chose an unusual defense to keep him out of prison.More >
Thursday, December 12 2013 8:12 PM EST2013-12-13 01:12:27 GMT
A 73-year-old woman who either fell or was ejected from her friend's car was subsequently struck by another car in Gresham late Wednesday night.Peggy Jennen, of Oregon City, died from her injuries. GreshamMore >
A 73-year-old woman who either fell or was ejected from her friend's car was subsequently struck by another car in Gresham late Wednesday night.More >
Wednesday, December 11 2013 8:51 PM EST2013-12-12 01:51:15 GMT
A parking dispute and a tube of lipstick led to criminal charges for a woman in Beaverton. Police said they were called to the Town Square Fred Meyer at 4:35 p.m. Dec. 3. A woman reported that a PorscheMore >
A woman reported that a Porsche SUV had parked extremely close to her Mercedes Benz, and when she made a statement to the other driver about it, an altercation ensued.More >
Defense attorneys say a Montana woman accused of killing her new husband won't testify in her defense.More >
A Montana newlywed pleaded guilty Thursday to killing her husband of eight days by pushing him from a cliff in Glacier National Park while they argued about her second thoughts about the marriage.More >
Friday, December 13 2013 12:30 AM EST2013-12-13 05:30:53 GMT
A man exposed himself to a woman and an 8-year-old girl in a local Target store Tuesday. Clark County deputies said it happened at 3:42 p.m. at 8801 N.E. Hazel Dell Ave. Witnesses said the man, wearingMore >
Deputies have arrested a man accused of exposing himself to a woman and an 8-year-old girl in the Hazel Dell Target store.More >
Thursday, December 12 2013 3:39 PM EST2013-12-12 20:39:19 GMT
A man walking in downtown Eugene was punched by a stranger who proclaimed, "knockout," after sending the victim to the ground. Police said it happened near the LTD bus station at 10th and Willamette atMore >
A man walking in downtown Eugene was punched by a stranger who proclaimed, "knockout," after sending the victim to the ground.More >
Wednesday, December 11 2013 4:28 PM EST2013-12-11 21:28:07 GMT
After reports that a baby was murdered at a Gladstone motel, the body of a 5-month-old child was found in a wooded area in Clackamas County. Police said the child's mother contacted officers at 5 p.m.More >
After reports that a baby was murdered at a Gladstone motel, the body of a 5-month-old child was found in a wooded area in Clackamas County.More >
Wednesday, December 11 2013 8:02 PM EST2013-12-12 01:02:46 GMT
A Salem woman will spend half as long in a federal prison as her husband, after they were both convicted of producing child pornography videos in their home. Michael Freeman pleaded guilty in August toMore >
Michelle Freeman was sentenced to 25 years in federal prison, a week after her husband was sentenced to 50 years for producing child pornography videos in their Salem home.More >