PHOENIX – On Monday, in the
The jury had spent over 1
. Customs and Border Protection (CBP) has refused to release surveillance camera footage of the incident.
In the course of the decision on Monday protesters went on the streets of Tucson, reports the CBS subsidiary KOLD-TV. The station writes that people had gathered near the courthouse where Swartz was in court.
Video from KOLD-TV showed the demonstrations:
On October 10, 2012, Swartz fired 16 shots through a 20-foot fence sitting on a bank above Mexico's Calle Internacional, a Nogales street lined with houses and small ones shops.
The prosecution confirmed during the one-month trial that Elena Rodriguez threw stones across the border during a drug smuggling operation. But they say he does not deserve to die. Defense lawyers countered that Swartz was entitled to deadly force against rock-throwers and shot from the US side of the border in self-defense. Defense lawyers Sean Chapman and Jim Calle did not immediately return a phone call on Monday afternoon asking for a comment.
Art Del Cueto, head of the Tucson union for border guards, said, "I believe justice was served properly, the jury took their time, and we are quite happy with it."
Prosecutor Elizabeth Strange said her office respects the decision of the jury. "I am proud of the work of our office to present this difficult case to the jury," Strange said.
The Border Patrol was scrutinized during the Obama administration for allegations of excessive use of force. The Customs and Border Guard, the parent company, reported 55 incidents in which employees used firearms from 1 October 2011 to 30 September 2012. The number of incidents dropped to 17 years five years later. In the shooting of Elena Rodriguez in Nogales, Mexico, he was initially charged with second – degree murder
Collins told the jury in his instructions that they might consider lesser charges of involuntary or involuntary manslaughter
During the closing argument, Deputy US Attorney Wallace Heath Kleindienst said Swartz was "tired of being shaken," after at least six others Targeted attacks.
"He was angry at these people" We throw stones at the fence, "Kleindienst said.
" It was not about eliminating a threat, because there was no threat, "he said was about eliminating a human being. "
Defense Defender Sean Chapman argued that" there was not a mass of evidence "that Swartz was angry or full.
He said Swartz was shooting because he tried to protect himself
"Since his first day in the border patrol, it has been rooted in him that rocks are dangerous," said Chapman.
The trial was called for by President Trumpto free border guards so they can focus on preventing drugs and people from illegally entering the United States.
Mr. Trump hasand on the US-Mexican border made a cornerstone of his presidency.
Elena Rodriguez's assassination was deeply felt in the Twin Nogales communities where about 20,000 people live on the side of Arizona and about 300,000 in Mexico. The communities are linked by family members, commerce and culture and have long been locally referred to as "Ambos Nogales" – "Nogales" in Spanish.
During the trial, the jury visited the border area at night to improve An idea of what Swartz had in front of him.
The agent, who was on administrative leave until the trial ended, testified that he had little recollection of what had happened.
The border patrol did not say if he would receive his salary. 19659002] A parallel civil lawsuit filed by the teenage teenager's mother against Swartz seeking damages is pending before the 9th US Court of Appeals in San Francisco.
In 2015, CBP internal affairs reviewed 67 shootings that claimed 19 deaths by agents of criminal activity in all but three incidents, according to the Los Angeles Times. Two agents were subject to disciplinary action, in the form of verbal warnings.
The review was triggered by a 2013 report from the Police Executive Research Forum criticizing the agency for its insufficient investigation into deadly incidents.