It says then-U.S. Atty. Dennis Burke falsely told them guns found at the scene weren’t part of the failed Operation Fast and Furious.

The family of slain U.S. Border Patrol Agent Brian Terry charged Wednesday that the top federal prosecutor in Phoenix lied to them about the guns found at the crime scene in an attempt to hide the weapons’ connection to the ATF’s failed Fast and Furious gun-tracking operation.

Terry was killed in December 2010, allegedly by Mexican bandits carrying at least two AK-47 semiautomatic rifles that had been purchased in Arizona as part of Fast and Furious. The operation was intended to catch drug lords using illegal weapons, but the ATF immediately lost track of 1,700 firearms.

The Terry family alleged that then-U.S. Atty. Dennis K. Burke told them last March that the two weapons came from a store in Texas and were not part of Fast and Furious.

The family made their allegations in a “notice of claim” stating that they intend to sue the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Justice Department for $25 million. They called the gun-tracking operation “abominable, reckless, nonsensical.”

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