A jury has been selected to serve on the second trial for a Border Patrol agent who fatally shot a Mexican teen through a border fence five years ago.
Opening statements are now scheduled for Wednesday morning in the manslaughter and involuntary manslaughter case against Lonnie Swartz. Swartz was acquitted of second-degree murder earlier this year in the cross-border shooting of 16-year-old Jose Antonio Elena Rodriguez. A jury deadlocked on other charges.
Federal prosecutors haven't said why they decided to re-try Swartz. Prosecutors during the first case said he had grown angry at rock-throwers and lost his temper when he shot Elena Rodriguez 10 times in the back.
Swartz's attorneys say he was defending himself and his fellow agents from rock-throwers.
