Prosecutors pass on third trial for border agent in shooting
PHOENIX | Federal prosecutors said Thursday they will not seek a third trial for a Border Patrol agent acquitted twice after fatally shooting a Mexican teenager across a border fence.
A filing in court shows prosecutors say they will no longer pursue the case against Lonnie Swartz, the agent who killed 16-year-old Jose Antonio Elena Rodriguez in October 2012.
Officer Swartz was acquitted of second-degree murder in April, but a jury deadlocked on manslaughter charges. Prosecutors retried the officer on voluntary and involuntary manslaughter charges. They said he lost his cool when he became frustrated at rock-throwers from the Mexican side of the border while on the job.
The second trial, which began in October, ended with a not-guilty verdict on the involuntary charge, but the jury again deadlocked on voluntary manslaughter.