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New trial for Border Patrol agent begins

Vigil being held to remember Rodriguez
Posted at 5:38 PM, Oct 22, 2018
and last updated 2018-10-23 00:40:13-04

A new trial for Border Patrol agent Lonnie Swartz will begin Tuesday.

Swartz is accused of shooting through the border fence and killing Jose Antonio Elena Rodriguez, 16, of Mexico in 2012. Authorities say Rodriguez was throwing rocks at Swartz, who shot the boy at least 10 times in the back through a border fence.

In April, jurors found Swartz not guilty of second-degree murder. However, jurors could not come to a verdict on the two lesser charges of voluntary manslaughter and involuntary manslaughter.

Swartz's first trial ended in a mistrial after the jury acquitted Swartz of murder and deadlocked on verdicts involving voluntary and involuntary manslaughter.

Swartz is also facing a civil lawsuit filed on behalf of Rodriguez's mother.

A spiritual vigil will be held Tuesday at 8:30 a.m. for Rodriguez. It will be on the sidewalk in the front of the Tucson Federal Courthouse, 405 West Congress Street.

Jury selection begins Tuesday at 9:30 a.m. 


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Cross Border Killing: Prosecutors won't dispute teen was throwing rocks