Feds won’t pursue third trial against Border Patrol agent

PHOENIX (AP) — Federal prosecutors on Thursday said they would not pursue another trial against a Border Patrol agent who fatally shot a Mexican teenager across a border fence but who was twice acquitted.

A filing in court shows prosecutors say they will no longer pursue the case against Lonnie Swartz, the agent who killed 16-year-old Jose Antonio Elena Rodriguez in October 2012.

In April, Swartz was acquitted of second-degree murder, but a jury deadlocked on manslaughter charges. Prosecutors who argued Swartz lost his cool when he became frustrated at rock-throwers from the Mexican side of the border re-tried Swartz on voluntary and involuntary manslaughter charges.

The second trial, which began in October, ended with a not guilty verdict on the involuntary charge, but the jury again deadlocked on voluntary manslaughter.

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