The federal indictment of Border Patrol Agent Lonnie Swartz was made public Thursday, sparking words of support from the Mexican government and caution from the agents’ union about “armchair quarterbacking.”
A federal grand jury charged Swartz with second-degree murder in connection with the Oct. 10, 2012 cross-border fatal shooting of Jose Antonio Elena Rodriguez, 16, in Nogales. The indictment states Swartz “did with malice aforethought, and while armed with a P2000 semi-automatic pistol, unlawfully kill J.A.E.R.”
Swartz is on paid administrative leave, a Border Patrol spokesman said. The agency declined to comment on the indictment, instead directing questions to the U.S. Attorney’s Office.
The U.S. Attorney’s Office said it is not making any public comments about the case.
Mexico’s Secretariat of Foreign Relations said in a statement Thursday that the indictment “represents an unprecedented advance in terms of transparency and accountability,” particularly for those that “resort disproportionately to the use of lethal force against unarmed suspects.”
“The possibility that the legality of the official’s actions could be questioned in a trial improves the building of the community’s confidence in migratory control agents and in the justice system of that country,” the statement said.
The National Border Patrol Council called the decision to indict Swartz “unfortunate” and offered “steady support for Agent Swartz as he fights these accusations,” including providing legal counsel.
“Sadly, our agents and all law enforcement officers operate in a world of political agendas and armchair quarterbacking,” the agents’ union said in a statement Thursday.
“But our jobs are dangerous and the decisions we make every day determine if we will return home safely to our families,” the union said. “We ask the public to withhold judgment about Agent Swartz while the legal process unfolds.”
