Second gun used in ICE agent murder linked to ATF undercover operation

By: Sharyl Attkisson
Topics: News ,; Law and Order

U.S. Immigration and Customs Enforcement Special Agent Jaime Zapata was shot and killed in the line of duty Feb. 15 2011 after he was attacked by unknown assailants while driving between Monterrey, Mexico, and Mexico City. One year later, his family still lacks answers about his death.

/ U.S. Immigration and Customs Enforcement

Prosecutors recently sentenced a Texas man, Manuel Barba, for trafficking a weapon connected to the murder of Immigration and Customs (ICE) Agent Jaime Zapata. Nobody was more astonished to learn of the case than Zapata's parents, who didn't know that Barba had been arrested or linked to their son's murder.

"The family was obviously surprised to learn that there was a case involving a weapon linked to the Zapata incident," attorney Trey Martinez told CBS News. Martinez represents Zapata's parents and the surviving ICE agent in the assault, Victor Avila. "They were surprised they had never been contacted in the capacity as victims so they could give a response or some kind of reaction at the time of sentencing."

Barba was sentenced to 100 months in prison on January 30th. When we asked why the Zapatas weren't contacted, prosecutors in Houston told CBS News they only handled the weapons charges: conspiracy, false statements and exportation/receipt of firearms. Zapata's actual murder "is being handled by another U.S. Attorney's office and ... is separate and apart from the firearms case that was handled by our district," said a spokeswoman. She added the firearms offenses "are crimes that do not involve victims in the legal sense of the word and therefore, notifications are not part of the legal process."

Read Barba's plea agreement (PDF)

In a related development, CBS News has obtained documents showing that Barba was under ATF surveillance for at least six months before a rifle he trafficked was used in Zapata's murder. Zapata's government vehicle was ambushed by suspected cartel thugs in Mexico Feb. 15, 2011.

Documents indicate ATF opened its case against Barba, entitled "Baytown Crew," in June of 2010. During the investigation, court records state Barba recruited straw purchasers and "facilitated the purchase and exportation of at least 44 firearms" including assault rifles. On August 20, 2010 Barba took delivery of the WASR-10 semi-automatic rifle later used in Zapata's murder, obliterated its serial number, and sent it to Mexico with nine others just like it. Nearly two months later, on Oct. 8, 2010, ATF agents recorded a phone call in which Barba "spoke about the final disposition of ... firearms to Mexico and also about the obliterating of the serial numbers before they were trafficked." Barba told straw purchasers the guns were destined for the Zeta drug cartel.

A warrant wasn't issued for Barba's arrest until four months later; coincidentally, the day before a rifle he trafficked was used against Zapata.

Barba is now the second weapons trafficker who had been under ATF surveillance to be linked to Zapata's murder. As CBS News previously reported, ATF had also been watching suspect Otilio Osorio during the time he trafficked a different weapon used in Zapata's assault. Records show ATF watched on Nov. 9, 2010 as Osorio, his brother Ranferi and Kelvin Leon Morrison transferred a cache of illegal weapons to a confidential informant but failed to arrest the men at the time.

The government has kept a close hold on nearly all information surrounding Zapata's murder, denying the family's Freedom of Information requests on the basis of an ongoing investigation. The Zapata's attorney says they will keep pursuing the information by "whatever means necessary."

Sharyl Attkisson
Sharyl Attkisson is a CBS News investigative correspondent based in Washington. All of her stories, videos and blogs are available here.
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by sdsurfer April 19, 2012 8:12 PM EDT: Great reporting, Ms. Attkisson. I believe that Fast and Furious is the greatest scandal to touch American politics since Watergate, and no one died from Watergate.

Please keep up the terrific, if not lonely, work.; Reply to this comment


by als10point March 29, 2012 5:31 PM EDT: Finally a MSM reporter with courage is bringing this atrocity to light. When is AG Eric Holder going to be held accountable for the deaths of two federal agents and over 300 Mexican citizens as a direct result DOJ/ATF operation Fast and Furious that allowed high powered weapons sold to Mexican drug cartels? Wake up and smell the corruption, people! Thank you Ms. Attkisson!; Reply to this comment


by Mike_Travis March 16, 2012 4:18 AM EDT: Sharyl:
Great piece of journalism. What remains is to bring to justice those at the top who are responsible for authorizing and implementing this operation. It does no good to simply convict the pawns when the king gets away, literally, with murder, or even an accessory to murder.

Surely no one doubts that if any "regular" citizen had authorized and implemented an operation that led to the murder of two federal agents, that citizen would quickly be charged as being complicit in the murders. We know for a fact that Obama signed the legislation that authorized this operation and that Holder implemented it as head of the DoJ. Therefore, why haven't they both been charged with being accessories to murder? And for the sake of those who want to argue semantics or legalese, substitute whatever term you want to use for accessory. The point is they knew of the plan and they authorized it so they should be held accountable.; Reply to this comment


by Trapdoor45 March 15, 2012 6:52 PM EDT: Why hasn't the CBS evening news mentioned this story this year? Are all the crews out trying to dig up dirt on a republican? We know more about Joe-the-Plumber than our President.; Reply to this comment


by DocScience February 28, 2012 2:01 AM EST: Thank heavens that the Washington Post has declared this administration to be "scandal free" or I might be concerned.; Reply to this comment


by kevino777 February 24, 2012 5:42 PM EST: Thank you so much, Sharyl, for your determination and dedication to exposing the truth about Fast and Furious. I am very grateful for people like you. Now, if only there were more journalists who would follow in your footsteps.; Reply to this comment


by OutspokenRed February 23, 2012 10:48 AM EST: I appreciate Sharyl's reporting on this entire Fast and Furious debacle. She is the only non-Fox reporter to stick with the story.; Reply to this comment


by rshawk February 23, 2012 9:52 AM EST: The spokeswoman said that the firearms offenses " are crimes that do not involve victims in the legal sense of the word and therefore, notifications are not part of the legal process". The Zapata and Terry families are not only denied victim status but the courtesy of information. Before Dennis Burke resigned, he denied the Terry family victim status. Who took the guns over the border, another informant? Did the ATF back date a report to cover themselves? What's going on? Why wasn't this in the news on Jan.30th ? Was there a plea bargain with Barba for the 100 months, because he was entitled to life imprison. What's the current penalty for trafficking of a firearm to a drug cartel in the commission of the murder of a federal agent? Please correct the file link in the story to read the documents. Thanks Sharyl.; Reply to this comment


by PhilMB February 23, 2012 2:42 AM EST: Found the PDF - http://www.cbsnews.com/htdocs/pdf/baytown.pdf

Great coverage, Sharyl, thank you.; Reply to this comment


by jamesw62 February 22, 2012 8:18 PM EST: the Link to the PDF File is not linked correctly, it keeps bringing me back to the top of the story; Reply to this comment