The new trial of the Border Patrol agent in the murder of teenagers will begin.
The new trial of the Border Patrol agent in the murder of teenagers will begin.
Federal prosecutors will again try a US Border Patrol agent who killed a 16-year-old boy in a cross-border shootout, but this year was acquitted of the murder.
The second trial against Lonnie Swartz begins Tuesday morning, six months after he was acquitted on a charge of second-degree murder and five years since he shot José Antonio Elena Rodríguez through a border fence that divides Arizona and Mexico.
This time, Swartz will be tried on charges of voluntary and involuntary manslaughter. A jury in April stalled those charges and acquitted him of murder.
The United States Attorney's Office declined to comment on the next case and why it decided to file charges again.
It is extremely rare for a Border Patrol agent to be charged in a criminal case for the use of force, but the agency was under intense scrutiny for violent incidents when Swartz was charged for the first time in 2015, including many involving the launchers. of rocks.
Still, it would be three years before Swartz was brought to trial.
Meanwhile, a civil rights suit filed by the ACLU on behalf of Elena Rodríguez's mother has been working its way through the courts, but it is likely to have to be addressed by the Supreme Court before a decision is made. That's because his lawyers have argued that the US constitution did not extend to Elena Rodriguez, a Mexican teenager who was in Mexican territory when Swartz shot her. The 9th Circuit Court of Appeals of the US UU., In an opinion in conflict with a different circuit, recently ruled that Swartz can be held accountable.
Swartz, who has been on leave and living in Nevada since the incident, will face another two-week trial starting on Tuesday.
Prosecutors focused this spring on what they said was Swartz's frustration with rock throwers. The assistant US attorney, Wallace Heath Kleindienst, said during the closing arguments that Swartz "was tired of being shaken" after being attacked in at least six other attacks.
Defense attorney Sean Chapman said that "there was no evidence of evidence" that Swartz was angry or fed up. Chapman said Swartz fired because he was trying to protect himself and his fellow officers during a drug operation.
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