Family of murdered Border Patrol agent files $25M suit against ATF

The family of murdered Border Patrol agent Brian Terry has filed a $25 million wrongful death suit against  the Bureau of Alcohol, Tobacco, Firearms and Explosives -- claiming Terry was killed with AK-47s that were knowingly sold under the Fast and Furious gunrunning probe to a straw purchaser for drug cartels. 

In a 65-page complaint, attorneys for the family claim ATF "wrongdoing" in Fast and Furious. 

"ATF's failures were not only negligent but in violation of ATF's own policies and procedures," the complaint claims. 

The family has also filed suit against the Lone Wolf Trading Company seeking unspecified damages for selling the weapons to the straw purchaser. 

The suit says Lone Wolf knowingly sold "hundreds of weapons" to various straw purchasers and realized "hundreds of thousands of dollars in profits from these sales." 

The suit alleges that "but for defendants' negligent and illegal sales ... Brian Terry would not have been murdered in the Arizona desert on December 14, 2010." 

They are seeking a jury trial. 

Fox News

TERRY FAMILY: Requests Government Officials to Accept Responsibility

STATEMENT BY THE TERRY FAMILY

"December 15th will mark the one year anniversary of the murder of Brian A. Terry. On that day in 2010, our family lost an amazing son, brother, uncle, and friend. Our country lost an incredible young American who was fully committed to his job in keeping our Nation safe and its borders secure. Brian's life was dedicated to public service as a U.S. Marine, police officer, U.S. Border Patrol agent and finally as a member of the Border Patrol's elite tactical unit known as BORTAC. Throughout his life, Brian maintained an incredible work ethic that made his many successes possible. We believe that these are the traits that so many people have since recognized. He is remembered as an extremely proud American and a symbol for all that is good.

Brian's death has been extremely difficult to accept. As most know, we had to learn from the news media that two assault rifles carried by the men that killed Brian and found at the murder scene were linked to Operation Fast and Furious, a failed gun trafficking operation run by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Department of Justice. We find it incomprehensible that members of ATF and DOJ would embark on such an egregious operation and then try to conceal the link between this failed investigation and Brian's murder. Much to our dismay, no one in ATF or DOJ has come forward to accept responsibility for Operation Fast and Furious.

Our priority continues to be the successful arrest and prosecution of all the individuals involved in Brian's murder. However, we will continue to press for answers and accountability from our government. Those responsible for such a misguided and fundamentally flawed operation must be held fully responsible for their decisions which allowed so many weapons to flow to the criminal element on both sides of the border. We now believe that if it can be shown that laws were broken, then all those responsible for Fast and Furious should be held criminally liable.

We would like to acknowledge the work conducted by agents from the FBI Tucson Office in the homicide investigation and the continued work by federal prosecutors in the San Diego U.S. Attorney's Office who are working to bring Brian's killers to justice. We would also like to thank those members of ATF that recognized Operation Fast and Furious as fundamentally flawed and came forward with information that exposed this foolish operation to the American public. These individuals have continued to speak the truth at great professional risk.

Finally, we would like to extend our sincere condolences to the families of those affected by the violence in Mexico caused by the guns of Operation Fast and Furious. Please know that we, as most Americans, see you as victims as well. We will continue to press our government for justice as we will not allow Brian's death to be in vain."