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USFeds won't pursue third trial against Border Patrol agent

03:15  07 december  2018
03:15  07 december  2018 Source:   msn.com

Self-identified MS-13 gang member arrested by Border Patrol agents says he came to US with caravan: CBP

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The United States Border Patrol (USBP) is an American federal law enforcement agency whose mission is to detect and prevent illegal aliens

As a Border Patrol Agent , you are focused 24/7 on securing our international land border and coastal waters, safeguarding the American people from terrorists and their weapons, drug smuggling and illegal entry of undocumented aliens. Click the quick links on the right to learn more about the Border Patrol

Feds won't pursue third trial against Border Patrol agent© The Associated Press FILE - In this Dec. 4, 2017, file photo, a portrait of 16-year-old Mexican youth Jose Antonio Elena Rodriguez, who was shot and killed in Nogales, Sonora, Mexico, is displayed on the Nogales street where he was killed that runs parallel with the U.S. border. Federal prosecutors on Thursday, Dec. 6, 2018, said they would not pursue another trial against Border Patrol agent Lonnie Swartz, who fatally shot the Mexican teenager but who was twice acquitted. (AP Photo/Anita Snow, File)

PHOENIX — Federal prosecutors on Thursday said they will not seek a third trial for a Border Patrol agent who has been acquitted twice after fatally shooting a Mexican teenager across a border fence.

High-speed border patrol chase: 3 die after pickup carrying 11 crashes

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(AP) EL PASO, Texas - Federal prosecutors said Friday there was insufficient evidence to pursue charges against a U.S. Border Patrol agent Border agents are generally allowed to use lethal force against rock throwers. The shooting occurred under one of the border bridges in El Paso, and it was

Swartz is the first Border Patrol agent to be prosecuted by the US Department of Justice (DOJ) for killing someone on Mexican soil. The shooting raises complex jurisdictional issues. In the criminal case, a federal judge cleared the way for the trial with a ruling that the agent was standing on federal land

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.

"Agent Swartz is relieved and looking forward to moving on with his life without the threat of criminal prosecution hanging over his head," his attorney, Sean Chapman, said in an email to The Associated Press.

In April, Swartz was acquitted of second-degree murder, but a jury deadlocked on manslaughter charges. Prosecutors re-tried Swartz on voluntary and involuntary manslaughter charges. They said Swartz lost his cool when he became frustrated at rock-throwers from the Mexican side of the border while on the job.

Border Patrol agent charged with capital murder in Texas

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Since 2010, Border Patrol agents have killed several people in alleged rock-throwing incidents. Here is a list of the seven people killed. The Department of Justice said there was insufficient evidence to pursue charges against Mesa.The family’s wrongful-death suit was dismissed for lack of jurisdiction

Rodney Scott, the chief patrol agent in the Border Patrol ’s San Diego Sector, said earlier this In a little-reported declaration in support of the Department of Justice’s March 6 lawsuit against California In one example, the El Cajon Police Department refused to help Border Patrol agents pursue three

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.

Swartz was the rare agent who was prosecuted for use of force. The shooting, and his indictment three years later, came at a time when the Border Patrol was increasingly under scrutiny for its use of force, especially pertaining to rock-throwers, or people on the Mexican side of the border who throw rocks to distract agents.

Swartz's attorney said he was acting in self-defense and following Border Patrol policy when he fired at least 16 shots at Elena Rodriguez through the slats of a border fence dividing Nogales, Arizona, and Nogales, Sonora.

Prosecutors said Elena Rodriguez was throwing rocks at Swartz and other law enforcement officers who were on scene chasing a suspected drug smuggler in an effort to distract them.

The boy's family still denies that he was involved. They say his killing was not justified.

The announcement on Nov. 21 that the jury had found Swartz not guilty on involuntary manslaughter but had deadlocked on voluntary manslaughter was met with protests from activists who marched through downtown and shut down a busy intersection.

Nielsen: Girl's death in border patrol custody 'a sad example of the dangers' migrants face.
“My heart goes out to the family, all of DHS,” Homeland Security Secretary Kirstjen Nielsen said in an interview on “Fox & Friends,” where she also touted new border crossing statistics. U.S. Customs and Border Protection acknowledged Thursday night that the girl died of exhaustion and dehydration less than 48 hours after authorities at the border took the girl into custody along with her father and a large group of migrants who crossed into New Mexico illegally.

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