Trial begins for agent charged in border death
16-year-old was shot through fence in 2012
Federal prosecutors begin arguing their case against the Border Patrol agent accused of unlawfully shooting through a border fence and killing an unarmed teen in Mexico more than five years ago. Lonnie Swartz faces second-degree murder charges in the Oct. 10, 2012, death of 16-year-old Jose Antonio Elena Rodriguez on the border in Nogales.
Mexico more than five years ago.
Lonnie Swartz faces second-degree murder charges in the Oct. 10, 2012, slaying of 16-year-old Jose Antonio Elena Rodriguez on the border in Nogales.
Prosecutors will argue that the teen’s death was unlawful, even though Elena Rodriguez had been throwing rocks over the border fence to help several smugglers escape back to Mexico, after dropping a load of marijuana on the Arizona
TUCSON – Federal prosecutors began Wednesday arguing their case against the Border Patrol agent accused of unlawfully shooting through the border fence and killing an unarmed teen in
“Throwing rocks is not a death-penalty offense. But on that day Lonnie Swartz became the judge, jury and executioner.” Mary Sue Feldmeier Assistant U.S. attorney
side.
“Throwing rocks is not a death-penalty offense,” said assistant U.S. attorney Mary Sue Feldmeier told the jury during opening statements. “But on that day Lonnie Swartz became the judge, jury and executioner.”
Prosecutors must prove Swartz acted deliberately or recklessly without regard for human life in shooting Elena Rodriguez that night.
Prosecution’s burden of proof
Prosecutors intend to show that the border agent’s actions were unjustified, when he left the safety of cover, walked “calmly” to the border fence, shot the Mexican teen 16 times, including “eight times in the back and two in the head,” Feldmeier said.
Prosecutors displayed two six-foot pictures depicting the border fence, noting that at the site of the shooting the Mexican side is nearly 14 feet lower than the American side.
The rocks would have had to clear an additional 20-foot fence, she added, minimizing the threat to Swartz and other agents on the U.S. side.
“You cannot use the badge as a shield for murder,” she added, saying firing a gun was a disproportionate response and should have been a “last resort before taking a human life.”
Defense argues justification
The defense attorney for Swartz laid out their case for more than an hour Wednesday, arguing that the use of force against Elena Rodriguez was justified given what happened that night.
Attorney Sam Chapman said the teen was part of a smuggling operation, and that his decision to throw rocks to help smugglers retreat safely back to Mexico was a factor in the shooting.
“Rodriguez made a conscious decision to put lives at risk,” he said. “Agent Swartz was not responsible for that decision.”
During his opening statement, the defense played grainy, night-time video showing the shooting, acknowledging it would likely be played dozens of times in the coming weeks.
The video shows several individuals throwing rocks in a darkened portion of the screen, but Swartz is clearly shown walking up to the fence and firing while several other law enforcement officers look on.
Chapman said the prosecution downplays the threat that rocks pose to agents and officers, and that Swartz’ response was proportionate given the potential for bodily harm.
He said he intended to offer several witnesses, including fellow agents and Nogales police officers who were there, some of whom feared for their lives, and were hit by rocks.
All of that factored into the “splitsecond decision” Swartz had to make, he said.
“Lonnie Swartz was doing his job and attempting to defend his fellow agents,” Chapman concluded. “The initial decision to shoot was the right one.”
In his opening statement, he said he would show that the investigation was “fraught with mistakes, mishaps and incompetence, some on the American side, some on the Mexican side.”
Additional evidence
Chapman said he will also present evidence that Elena Rodriguez had been in the United States before the shooting, including rust marks on his shoes, indicating he had scaled the border fence, and testimony from a neighbor who claimed she saw him near her home in Nogales, Arizona.
The family of Elena Rodriguez was on hand for the first day of the trail. On several occasions during the opening statements, the teen’s mother Araceli Rodriguez buried her head in her hands or wiped away tears.
She also shook her head constantly as Chapman spoke about the how scared Swartz felt in the moments before the shooting. Soon after, she walked out of the courtroom and waited in the hall until opening statements ended.
Many witnesses to testify
After the statements on Wednesday, prosecutors began calling witnesses.
Chapman mentioned plans for at least 11 witnesses, including other agents and officers present at the time of the shooting.
It’s unclear whether Swartz will take the stand.
During jury selection on Tuesday, U.S. District Judge Raner C. Collins gave a general timeline for the trial. “We believe this will be over by the beginning of May,” he said.
The jury is made up of eleven women and five men chosen from a pool of 94 individuals.
Given the high-profile nature of the case, Collins asked jurors Wednesday to avoid all news sources, including social media, for the duration of the trial.