(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>>
Friday, April 11 2014 6:08 PM EDT2014-04-11 22:08:56 GMT
A year-long, multi-agency investigation resulted in the arrest of 28 people for charges ranging from murder to racketeering. Law enforcement officers from the Baton Rouge Police Department, East BatonMore >
A year-long, multi-agency investigation resulted in the indictment of 28 people for charges ranging from murder to racketeering.More >
Tuesday, April 15 2014 7:39 PM EDT2014-04-15 23:39:56 GMT
Often times it's tough for soldiers returning home from service to get re-established in their community and it can be especially difficult for injured soldiers to adjust. That's why there's Homes forMore >
Homes for Heroes, a program that helps injured soldiers get free homes, helped one Kansas City soldier Tuesday. More >
A government office says a South Korean passenger ship carrying about 470 people has sent a distress call off the southern coast after it began leaning to one side.More >
Dozens of boats, helicopters and divers scrambled Wednesday to rescue more than 470 people, including 325 high school students on a school trip, after a ferry sank off South Korea's southern coast, killing at least two...More >
Tuesday, April 15 2014 11:35 PM EDT2014-04-16 03:35:14 GMT
An ailing Miley Cyrus has canceled her concert Tuesday night at Sprint Center.The notice came a matter of hours before she was scheduled to go on stage.A concert promoter tells KCTV5 that Cyrus is in theMore >
An ailing Miley Cyrus has canceled her concert Tuesday night at Sprint Center. She apparently is at a Kansas City hospital Tuesday night. More >
Tuesday, April 15 2014 11:22 PM EDT2014-04-16 03:22:12 GMT
It's difficult for Paul Temme to talk about what he saw and experienced that awful day last Sunday. Tremme came to the Jewish Community Center to work out. Little did he know he would soon be mired inMore >
KCTV5 talks to a man who witnessed the terrible shootings in Overland Park, KS, a man who was shot at trying to help.More >
Saturday, April 12 2014 6:07 AM EDT2014-04-12 10:07:09 GMT
An incredible photo snapped Saturday at the iconic Pipeline on Oahu's North Shore is going viral. A mother humpback whale and her calf were cruising just offshore when a set rolled in. J.T. Gray of NorthMore >
An incredible photo snapped Saturday at the iconic Pipeline on Oahu's North Shore is going viral.More >
Monday, April 14 2014 3:09 PM EDT2014-04-14 19:09:11 GMT
A shooting has occurred at the Jewish community center in Overland Park. This was reported about 1 p.m. Sunday at the Jewish Community Center of Greater Kansas City, according to an Overland Park FireMore >
WATCH LIVE AT 11:30 A.M: A 14-year-old boy and his grandfather were killed along with a female during shootings at two Jewish-related locations in the Kansas City area. The accused killer is a white supremacist and appeared to yell an anti-Semitic phrase when taken into custody. More >
Tuesday, April 15 2014 6:13 PM EDT2014-04-15 22:13:36 GMT
Three people were injured Tuesday afternoon in an apartment fire in Independence.This occurred about 2:45 p.m. at the Hawthorne Place Apartments, 438 N. Kendall Dr. All are expected to be OK. The fireMore >
A family was injured Tuesday afternoon in an apartment fire in Independence.More >