A US Border Patrol agent has been indicted on a charge of murder for the first time
On October 10, 2012, agent Lonnie Ray Swartz used his semi-automatic pistol to fire 10 rounds through the border fence into the town of Nogales, Mexico, after rocks were allegedly thrown at him from a group of people trying to cross the border illegally, BuzzFeed reports.
Eight of those rounds allegedly struck 16-year-old Jose Antonio Elena Rodriguez, who bled to death, according to BuzzFeed.
After a three-year investigation, a US District Court for the District of Arizona indicted Swartz on the charge of second-degree murder.
"Lonnie Ray Swartz, did with malice aforethought, and while armed with a P2000 semiautomatic pistol, kill" Jose Antonio Elena Rodriguez, the indictment reads.
According to the Los Angeles Times, rock throwing is common along that part of the border. Border Patrol policy is to treat it as a threat to agents' lives, allowing them to respond with lethal force. Swartz's attorney says he expects his client to plead not guilty at his October 9 arraignment, the Times reports.
The National Border Patrol Council - a union that represents agents - says the ruling was influenced by a political agenda.
"It is unfortunate that after three years and after being investigated by multiple local, state and federal agencies and then returned to the field to work, Agent Lonnie Swartz is now facing criminal charges," the union said in a message posted on their website. "Sadly, our agents and all law enforcement officers operate in a world of political agendas and armchair quarterbacking. But our jobs are dangerous and the decisions we make every day determine if we will return home safely to our families."
Rodriguez's family - who has maintained that their son was walking home from playing basketball on a street that runs adjacent to the fence and not throwing rocks - support the US Justice Department's ruling.
"We are pleased that the Justice Department has taken this first step in pursuing justice for Jose Antonio's family," said American Civil Liberties Union attorney Lee Gelernt, who is representing the family, according to the Times. "The family has waited a long time for this and is gratified that the United States government will pursue justice for Jose Antonio."
Rodriguez's family has also filed a federal lawsuit, alleging that the killing of their son was "unreasonable" and "excessive," BuzzFeed reports.