Federal prosecutors on Thursday mentioned they’d not pursue one other trial in opposition to a Border Patrol agent who fatally shot a Mexican teenager throughout a border fence however who was twice acquitted.
A submitting in court docket reveals prosecutors say they are going to not pursue the case in opposition to Lonnie Swartz, the agent who killed 16-year-old Jose Antonio Elena Rodriguez in October 2012.
“Agent Swartz is relieved and searching ahead to shifting on together with his life with out the specter of legal prosecution hanging over his head,” his legal professional, Sean Chapman, mentioned in an electronic mail to The Related Press.
In April, Swartz was acquitted of second-degree homicide, however a jury deadlocked on manslaughter expenses. Prosecutors re-tried Swartz on voluntary and involuntary manslaughter expenses.
They mentioned Swartz misplaced his cool when he turned annoyed at rock-throwers from the Mexican facet of the border whereas on the job.
The second trial, which started in October, ended with a not responsible verdict on the involuntary cost, however the jury once more deadlocked on voluntary manslaughter.
Swartz was the uncommon agent who was prosecuted to be used of power. The capturing, and his indictment three years later, got here at a time when the Border Patrol was more and more beneath scrutiny for its use of power, particularly pertaining to rock-throwers, or folks on the Mexican facet of the border who throw rocks to distract brokers.
Swartz’s legal professional mentioned he was appearing in self-defense and following Border Patrol coverage when he fired at the least 16 pictures at Elena Rodriguez by the slats of a border fence dividing Nogales, Ariz., and Nogales, Sonora.
Prosecutors mentioned Elena Rodriguez was throwing rocks at Swartz and different legislation enforcement officers who had been on scene chasing a suspected drug smuggler in an effort to distract them.
The boy’s household nonetheless denies that he was concerned. They are saying his killing was not justified.
The announcement on Nov. 21 that the jury had discovered Swartz not responsible on involuntary manslaughter however had deadlocked on voluntary manslaughter was met with protests from activists who marched by downtown and shut down a busy intersection.
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