Jurors in the trial of Border Patrol agent Lonnie Swartz told a federal judge this afternoon they've been unable to reach a unanimous verdict after several days of deliberations.
U.S. District Court Judge Raner Collins asked them to go back to the deliberation room and keep trying. He told them they need to decide the case for themselves but shouldn't hesitate to re-examine their opinions.
He later dismissed the jurors for the day and instructed them to return Monday to continue deliberations.
Swartz is charged with second-degree murder in the shooting death of 16-year-old Jose Antonio Elena Rodríguez on Oct. 10, 2012. Jurors have the option of convicting Swartz of either of two lesser charges, voluntary or involuntary manslaughter, if they cannot reach a unanimous verdict on the more serious charge.
The agent shot 16 rounds through the border fence at Nogales in response to rock throwers on the Mexican side trying to distract agents so two alleged drug smugglers stuck on top of the fence could jump back. Ten of those bullets struck the Mexican teen, eight in the back and two in the head.
During the past several weeks of trial, the prosecution aimed to show the jury that Swartz continued to shoot after the teen was on the ground but still alive. Prosecutors contend Swartz acted deliberately or recklessly with disregard for human life.
Prosecutors questioned the other agents and police officers at the scene the night of the shooting, most of them testifying they sought cover and didn’t draw their guns at the rock throwers.
But the defense described a tense and chaotic situation where Swartz was scared not only for his life, but that of his fellow law enforcers. While the defense doesn’t deny the agent shot the teen, his attorneys have said his initial use of force was justified and that the agent thought he was shooting at a second rock-thrower when he shot again from two different positions.
Swartz is the first agent to be charged in a cross-border shooting. Prosecuting a Border Patrol agent for lethal use of force is not very common.
