Teen Killed By Border Patrol Agent Was On Ground When Shots Fired

A 16-year-old Mexican teenager killed by a U.S. Border Patrol agent appeared to be on the ground as the agent fired 13 of the 16 shots through the border fence in Nogales, a partial video of the 2012 killing showed Monday.

Jose Antonio Elena Rodriguez was lying facedown on the ground and did not appear to be moving as Border Patrol Agent Lonnie Swartz fired two of the three volleys that hit Elena Rodriguez in the upper back, upper arms and head, a video reconstruction by federal prosecutors showed.

The portions of the video, along with the video reconstruction, were shown for the first time Monday in a U.S. District Court hearing in Tucson. Swartz has pleaded not guilty to a charge of second-degree murder in the teen’s death.

Swartz’s trial is scheduled to begin in October. Defense attorneys have asked the judge not to permit the video to be shown at trial, arguing the video evidence is unreliable. District Judge Raner C. Collins has not yet ruled.

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol on Internacional Street in Nogales, Sonora, in 2012. Nick Oza/The Republic

The video in question shows Swartz fired 16 times through the fence in three bursts:

First, he went to the fence and fired three times from the U.S. side to the Mexican side, where Elena Rodriguez was.
Swartz then moved west along the fence and fired 10 shots through the slats in the fence.
The agent reloaded and then fired three more times into Mexico.

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  • Juan R Martinez

    the way things aregoing lately the gudge will probably send the killer or killers on a paid vacation while things cool down and get the killer off the hook give him a money raise and put him back to work ready to kill somebody else…

  • Alberto

    Mexico should demand extradition so this boarder patrol agent could be tried for the crimes he committed. He murder a teenager on foreign land where has no authority whatsoever and should tired under Mexico law. This will just Mexico’s people to retaliate by shooting and killing boarder patrol agents.

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    Cops kill.

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    Where’s the rest of the story?