56:
171:, received a call reporting "suspicious activity" on International Street, a road running directly along the border. Getting to the scene, Zuñiga heard from another police officer from Nogales, Quinardo Garci, that two men carrying "bundles taped to their backs" had climbed the fence into the United States. Identifying the bundles, on the basis of similar incidents in the past, as most probably containing
292:. In a preliminary hearing on Monday 9 December 2019, a video reconstruction of the shooting, including portions of video clips shot by two border cameras operated by the Border Patrol, was shown by the prosecution. Defense attorneys asked the judge not to permit the video reconstruction to be shown at the trial, arguing that "the video evidence is unreliable."
300:
A 2013 review by the Police
Executive Research Forum (PERF) reviewed 67 shooting incidents that resulted in 19 people dying, during the period from January 2010 through October 2012. The review found agents guilty of criminal conduct in 3 of the incidents. Two agents faced disciplinary action in the
268:
After the jury's decision was reported, protesters gathered outside the federal courthouse in downtown Tucson late Monday afternoon, on 23 April, and blocked off the intersection in front of it. Among those participating in the protest was the mother of Carlos LaMadrid, another
Mexican teen who had
234:
In the trial, the defendant said he had used deadly force because
Rodriguez "had been throwing rocks". A witness testified that Rodríguez was not throwing rocks at the law enforcement officers but prosecutors acknowledged that Rodríguez was throwing rocks across the border and went on to state that
186:
agents arrived, they saw the two men scaling the fence back into Mexico, empty-handed and with nothing on their backs. They commanded the two men to climb back down. At that time, Garcia and Zuñiga stated in their reports that they saw "rocks flying through the air" at the assorted agents and also
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Following the first trial, Assistant U.S. Attorney May Sue
Feldmeier announced that prosecutors would seek a retrial on the two lesser charges (voluntary and involuntary manslaughter) against Swartz, who waived his right to appear in court. The case's presiding judge, U.S. District Judge Raner C.
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for the killing of José Rodríguez. There had been a number of similar incidents in the preceding decade, but this was the first time a US law enforcement officer was charged in relation to a killing that took part across the US–Mexican border.
310:
206:. He was unarmed, standing on the Mexican side of the border on a sidewalk on Calle Internacional street, in front of a doctor's office, below a sign reading "Medical Emergencies" in Spanish. He was hit from behind by 10 bullets. The
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report, one camera was mounted on a pole near the scene of the shooting, just west of the primary port of entry in
Nogales, while the other was mounted about 2,500 feet away and east of the port of entry.
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265:. The head of the Tucson union for Border Patrol officers, stated, after the jury's decision was announced, that "justice was properly served" and that the union was "pretty happy with it".
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242:, Florida, Emma Lew, who stated that Swartz's first shot "likely hit the boy in the middle of his back as he was running," the prosecution rested its case in the trial on April 5, 2018.
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filed a suit in the federal district court in Tucson on behalf of the family of Jose
Antonio Elena Rodriguez against the border patrol agent who shot and killed him seeking
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On
November 21, 2018, Swartz was acquitted on the charge of involuntary manslaughter; the jury could not reach a verdict on the charge of voluntary manslaughter.
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After verbal commands from agents to cease were ignored, one agent then discharged his service firearm. One of the subjects appeared to have been hit.
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235:"he did not deserve to die" for this. The U.S. Customs and Border Protection refused to release surveillance-camera footage of the incident.
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View of the international border from the top of the U.S. Customs port of entry facility in
Nogales, Arizona (January 2007)
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Collins, set the start of the new trial for 23 October, 2018, with a motion hearing scheduled in July 2018.
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555:"U.S. Customs and Border Protection Has Killed Nearly 50 People in 10 Years. Most Were Unarmed"
740:"Video of teen killed by Border Patrol agent shows he was facedown on ground when shots fired"
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372:"Border Patrol agent Lonnie Swartz found not guilty in cross-border slaying of Mexican teen"
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On April 23, 2018, Swartz was acquitted on the charge of second-degree murder; the jury was
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121:
77:
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203:
85:
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707:"Border Patrol Agent Who Shot Mexican Teenager Is Acquitted of Involuntary Manslaughter"
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Around 11:30 p.m. on
Wednesday, October 10, 2012, John Zuñiga, a police officer in
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on two lesser charges; in his subsequent retrial on those charges, he was acquitted of
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81:
33:
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Rodriguez was hit 10 times from behind by Swartz's shots. Swartz was charged with
453:"Justice for José? Border shooting of Mexican teen raises constitutional issue"
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List of killings by law enforcement officers in the United States, October 2012
594:"Mistrial announced for U.S. border agent linked to teenager's fatal shooting"
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772:"U.S. Customs and Border Protection Use of Force Review: Cases and Policies"
679:"Border Patrol agent will be retried in fatal cross-border shooting of teen"
621:"Swartz trial: Defense struggles with first witness after prosecution rests"
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The person hit was José Antonio Elena Rodríguez, a 16-year old resident of
491:"In A First, Border Agent Indicted For Killing Mexican Teen Across Fence"
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for the killing. He was acquitted on the murder charge, but the jury
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heard "gunfire", although they were unable to identify its source.
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After the testimony of the director of the medical examiner in
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U.S. Border Patrol Agent Lonnie Ray Swartz was charged with
136:(born January 4, 1996), killing him, on the grounds that
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been shot and killed by Border Patrol agents (in 2011).
647:"Protesters block I-10 on/off ramps for several hours"
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The Police
Executive Research Forum (February 2013).
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73:
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588:
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370:Carranza, Rafael; O'Dell, Rob (April 23, 2018).
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8:
818:People shot dead by law enforcement officers
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210:revealed that gunshot wounds to the head,
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140:at him and other law enforcement agents.
190:In the days following the incident, the
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524:"Border agent's murder trial postponed"
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102:Agent Lonnie Swartz acquitted of murder
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465:from the original on September 6, 2015
429:from the original on February 11, 2017
719:from the original on December 4, 2021
7:
843:October 2012 events in North America
503:from the original on October 9, 2015
705:Jacobs, Julia (November 21, 2018).
534:from the original on April 10, 2016
27:2012 incident near Nogales, Arizona
627:from the original on June 16, 2018
553:Davis, Charles (January 4, 2015).
522:Trevizo, Perla (January 5, 2016).
257:The judge presiding on the trial,
192:U.S. Customs and Border Protection
25:
738:O'Dell, Rob (December 14, 2019).
677:Carranza, Rafael (May 11, 2018).
655:. Tucson, Arizona. April 16, 2018
600:from the original on May 24, 2018
489:Burnett, John (October 9, 2015).
54:
838:Battles of the Mexican drug war
407:Binelli, Mark (March 3, 2016).
175:, they called out for back up.
619:Ingram, Paul (April 5, 2018).
286:American Civil Liberties Union
1:
858:October 2012 events in Mexico
301:form of an "oral reprimand".
116:On October 10, 2012, at the
596:. CBS News. April 23, 2018.
451:Yuhas, Alan (May 31, 2015).
409:"10 Shots Across the Border"
134:José Antonio Elena Rodríguez
823:Mexico–United States border
296:Review of similar incidents
132:fired 16 shots at teenager
118:Mexico–United States border
874:
49:Shooting of José Rodríguez
149:failed to reach a verdict
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18:Killing of Jose Rodriguez
153:involuntary manslaughter
813:International incidents
790:Cite journal requires
157:voluntary manslaughter
43:considered for merging
138:young men threw rocks
745:The Arizona Republic
684:The Arizona Republic
377:The Arizona Republic
339:The Arizona Republic
228:second degree murder
145:second degree murder
623:. Tucson Sentinel.
249:on lesser charges.
194:agency stated that
50:
712:The New York Times
528:Arizona Daily Star
414:The New York Times
126:U.S. Border Patrol
100:U.S. Border Patrol
317:Hernandez v. Mesa
240:Miami-Dade County
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652:Kold TV News
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723:December 3,
433:January 23,
32:‹ The
807:Categories
571:October 9,
507:October 9,
469:October 9,
350:References
247:deadlocked
751:April 15,
659:April 15,
538:March 21,
423:0362-4331
253:Aftermath
173:marijuana
41:is being
717:Archived
690:June 20,
631:June 18,
625:Archived
598:Archived
565:Archived
532:Archived
501:Archived
463:Archived
427:Archived
305:See also
273:Retrials
263:mistrial
216:arteries
163:Incident
74:Location
45:. ›
34:template
604:May 24,
383:May 24,
208:autopsy
184:Customs
96:Outcome
421:
214:, and
128:agent
107:Deaths
90:Mexico
775:(PDF)
324:Notes
222:Trial
212:lungs
120:near
796:help
753:2020
725:2021
692:2018
661:2020
633:2018
606:2018
573:2015
540:2016
509:2015
471:2015
435:2017
419:ISSN
385:2018
182:and
66:Date
496:NPR
809::
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781:{{
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Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.