Pros­e­cu­tors pass on third trial for border agent in shoot­ing

The Washington Times Daily - - NATION -

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.

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