Shooting of José Rodríguez
Nogales, Sonora, Mexico | |
| Outcome | U.S. Customs and Border Protection Agent Lonnie Swartz acquitted of murder |
|---|---|
| Deaths | 1 |
On October 10, 2012, at the
Rodriguez was hit 10 times from behind by Swartz's shots.
Incident
Around 11:30 p.m. on Wednesday, October 10, 2012, John Zuñiga, a police officer in
After several Border Patrol and Customs 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"[5] at the assorted agents and also heard "gunfire", although they were unable to identify its source.[2][1]
In the days following the incident, the U.S. Customs and Border Protection agency stated that
- After verbal commands from agents to cease [assaulting the agents with rocks] were ignored, one agent then discharged his service firearm. One of the subjects appeared to have been hit.
The person hit was José Antonio Elena Rodríguez, a 16-year old resident of
Trial
U.S. Border Patrol Agent Lonnie Ray Swartz was charged with
In the trial, the defendant said he had used deadly force because Rodriguez "had been throwing rocks".[2] 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 "he did not deserve to die" for this.[7] The U.S. Customs and Border Protection refused to release surveillance-camera footage of the incident.[7]
After the testimony of the director of the medical examiner in
On April 23, 2018, Swartz was acquitted on the charge of second-degree murder; the jury was deadlocked on lesser charges.[1]
Aftermath
The judge presiding on the trial,
After the jury's decision was reported, protesters gathered outside the federal courthouse in downtown Tucson late Monday afternoon, on 23 April,[9] 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 been shot and killed by Border Patrol agents (in 2011).[10]
Retrials
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. Collins, set the start of the new trial for 23 October, 2018, with a motion hearing scheduled in July 2018.[10]
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.[11]
In 2019, the
Review of similar incidents
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 form of an "oral reprimand".[7]
See also
Notes
- ^ According to The Arizona Republic 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.
References
- ^ a b c d Carranza, Rafael; O'Dell, Rob (April 23, 2018). "Border Patrol agent Lonnie Swartz found not guilty in cross-border slaying of Mexican teen". The Arizona Republic. Retrieved May 24, 2018.
- ^ from the original on February 11, 2017. Retrieved January 23, 2017.
- ^ a b Yuhas, Alan (May 31, 2015). "Justice for José? Border shooting of Mexican teen raises constitutional issue". The Guardian. Archived from the original on September 6, 2015. Retrieved October 9, 2015.
- ^ a b c Burnett, John (October 9, 2015). "In A First, Border Agent Indicted For Killing Mexican Teen Across Fence". NPR. Archived from the original on October 9, 2015. Retrieved October 9, 2015.
- ^ Trevizo, Perla (January 5, 2016). "Border agent's murder trial postponed". Arizona Daily Star. Archived from the original on April 10, 2016. Retrieved March 21, 2016.
- ^ Davis, Charles (January 4, 2015). "U.S. Customs and Border Protection Has Killed Nearly 50 People in 10 Years. Most Were Unarmed". The New Republic. Archived from the original on September 10, 2015. Retrieved October 9, 2015.
- ^ a b c d "Mistrial announced for U.S. border agent linked to teenager's fatal shooting". CBS News. April 23, 2018. Archived from the original on May 24, 2018. Retrieved May 24, 2018.
- ^ Ingram, Paul (April 5, 2018). "Swartz trial: Defense struggles with first witness after prosecution rests". Tucson Sentinel. Archived from the original on June 16, 2018. Retrieved June 18, 2018.
- ^ "Protesters block I-10 on/off ramps for several hours". Kold TV News. Tucson, Arizona. April 16, 2018. Retrieved April 15, 2020.
- ^ a b Carranza, Rafael (May 11, 2018). "Border Patrol agent will be retried in fatal cross-border shooting of teen". The Arizona Republic. Retrieved June 20, 2018.
- ^ Jacobs, Julia (November 21, 2018). "Border Patrol Agent Who Shot Mexican Teenager Is Acquitted of Involuntary Manslaughter". The New York Times. Archived from the original on December 4, 2021. Retrieved December 3, 2021.
- ^ O'Dell, Rob (December 14, 2019). "Video of teen killed by Border Patrol agent shows he was facedown on ground when shots fired". The Arizona Republic. Retrieved April 15, 2020.
External links
- The Police Executive Research Forum (February 2013). "U.S. Customs and Border Protection Use of Force Review: Cases and Policies" (PDF).
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