Border Patrol agent acquitted in teen’s death

2012 killing sparked outrage on both sides of the border

PHOENIX — An Arizona jury on Wednesday acquitted a U.S. Border Patrol agent of manslaughter in the shooting of a Mexican teen through a border fence, another loss for federal prosecutors in the second trial over the 2012 killing.

Jurors in Tucson found Lonnie Swartz not guilty of involuntary manslaughter, but didn’t come to a decision on voluntary manslaughter. The verdict comes months after Swartz was acquitted of second-degree murder by another jury that deadlocked on manslaughter charges, allowing prosecutors to pursue the case again.

“My client is very relieved. He has had to live with the burden of this case hanging over his head for years. He is glad that it is finally over,” Swartz’s attorney, Sean Chapman, said in an email to The Associated Press.

Outside the courthouse, a small group of activists protested the verdict and one man was detained, media outlets reported.

“We fully respect the jury’s decision, and we thank every member of the jury for the time and attention given to this trial,” Elizabeth A. Strange, first assistant U.S. attorney for the District of Arizona, said in a statement. “This was a difficult case, and I commend the trial team and law enforcement officers who assisted in the prosecution.”

Border Patrol agents are rarely criminally charged for using force. But the killing of 16-year-old Jose Antonio Elena Rodriguez sparked outrage on both sides of the border and came at a time when the agency was increasingly scrutinized for its use of force.

Prosecutors said Swartz lost his cool and fatally shot Elena Rodriguez. Swartz fired about 16 rounds, and the boy was hit at least 10 times in the back and head.