Arizona Attorney General
Re: ATF Fast and Furious
Dear Mr. Horne
As you are aware, ATF ran a program called “Fast and Furious” out of their Phoenix office whereby the let assault rifles “walk” into the hands of the Mexican drug cartels and various border bandits.
Two of those ATF “walked” guns, which were sold by a Phoenix area gun shop with the knowledge of ATF, were found at the murder scene of Border Patrol agent Brian Terry.
While various investigations are on-going at the federal level, there appear to be important state law issues involved in this situation.
I specifically call your attention to Arizona Revised Statutes Title 13 Section 1201 “Endangerment”
13-1201. Endangerment; classificationEvidence is mounting that field agents within the Phoenix office of ATF warned their superiors that the “walking” of guns could lead to the deaths of, among others, federal agents.
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
The warnings of these dedicated and honorable law enforcement officers were ignored by their superiors. The end result was Border Patrol agent Brian Terry died as a result of these “walked” guns.
Arguably senior officials in ATF are chargeable for endangerment under state law.
I would urge you and your staff to look into the record that has been developed so far by the US House Committee on Oversight and Government Reform and the sworn testimony by various ATF employees with an eye on what, if any, state criminal laws were violated in the course of the “Fast and Furious” project.
I am suggesting ARS 13-1201 as just one of what may be many examples of violation of state criminal laws by ATF officials.
There is a fundamental issue at stake here.
Sometimes the federal government operates as though it is not subject to any law, even at the federal level. At times it becomes obvious that in the pursuit of their mission, they disregard state law, placing their mission ahead of the public safety and well-being of the people within a state.
Just because they might be federal employees or even federal law enforcement officials, they do not have any kind of immunity for violations of the state criminal code.
I urge you to look closely at the conduct of ATF within Arizona, and investigate whether or not that conduct violated state criminal laws, And if you find the conduct of the ATF senior management did indeed violate state law, please hold those ATF officials accountable to the people of Arizona.
Attorney at Law
P.O Box 4773
Tubac, Arizona 85646
There are several other Arizona state laws that apply here as well.