- Associated Press - Saturday, August 25, 2018

PHOENIX (AP) - Attorneys for a Border Patrol agent want his retrial in the fatal shooting of a 16-year-old Mexican boy allegedly throwing rocks across the border held in Phoenix instead of Tucson because of extensive publicity about the case in particular and border issues in general.

A motion filed Wednesday by Lonnie Swartz’s lawyers argues that he can’t be guaranteed a fair trial in Tucson because media coverage has resulted in “extreme politicization of border issues for people living in southern Arizona.”

A jury in federal court in Tucson on April 23 acquitted Swartz of second-degree murder in the shooting of Elena Rodriguez in Nogales but deadlocked on other charges. Prosecutors decided to have him retried on manslaughter charges.


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Swartz’s retrial is scheduled for Oct. 23 in Tucson.

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