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Jurors have found Border Patrol Agent Lonnie Swartz not guilty on the Second Degree Murder charge of shooting through the border fence and killing 16-year-old Jose Antonio Elena Rodriguez.Jurors could not come to an agreement on a verdict on the two lesser charges, voluntary manslaughter and involuntary manslaughter.If they wish, prosecutors can retry Swartz on the lesser charges only.Friday jurors told Federal Judge Raner Collins they could not agree on a verdict.  The judge told them to continue deliberating. They could choose to convict Swartz on lesser charges of Voluntary Manslaughter or Involuntary Manslaughter.Swartz testified he was protecting himself and other officers from rocks thrown over the border fence by people on the Mexican side trying to interfere with efforts to arrests smugglers who were trying to climb over the fence and into Mexico.In closing statements to the jury, prosecutors said in his two years as a Border Patrol Agent, Swartz had rocks thrown at him six or seven times, and each time had responded by using less lethal weapons. Border Patrol may use items like guns that shoot an irritating pepper.But the night of October 10, 2012, Swartz had been on duty at the DeConcini Port of Entry.  He had only his gun and used it to fire 16 rounds through the fence. Ten shots hit the 16-year-old Mexican teen.Prosecutors say the threat against Swartz and other officers was not severe enough to justify deadly force and that they could have easily removed any threat by taking cover.They say other agents took cover but Swartz was fed up with rockings, wanted to send a message, and did it by calmly walking to the border fence, taking careful aim, and firing 16 shots into Mexico.Defense attorney Sean Chapman told the jury rocks are enough of a danger to justify deadly force and that there is no evidence to conclude Swartz fired out of anger over rock attacks. He said jurors should not base their verdict on surveillance video of that night because it is low quality and attempts to enhance it may have altered what it shows.RELATEDTrial beginning for US agent in?cross-border?killing of teenUS agent goes on trial in Mexican teen cross-border killingFederal?judge says border agent's military record off?tableCross-border killing: Should BP Agent's Army AWOL be evidence?Border agent asks?judge?for night border visit by juryJudges?refuses?to oust prosecutors from border shooting caseBP Agent in?cross-border?murder case was forced out of ArmyCross Border?Killing: Prosecutors won't dispute teen was throwing rocksSurveillance disputed in cross-border shooting caseBorder Patrol agent's trial in Mexican killing delayedVigil for Mexican teen killed in border shooting: BP agent charged with his deathBP Agent's murder trial to stay in Federal CourtMurder case against Border Patrol agent to move forwardCross-border killing video challenged  2922

Kanye West remained defiant Wednesday amid mounting backlash from fans over the rapper's positive words about President Donald Trump, tweeting a picture of himself wearing a "Make America Great Again" hat and criticizing former President Barack Obama."Obama was in office for eight years and nothing in Chicago changed," he tweeted on Wednesday."You don't have to agree with trump but the mob can't make me not love him," West tweeted earlier Wednesday. "We are both dragon energy. He is my brother. I love everyone. I don't agree with everything anyone does. That's what makes us individuals. And we have the right to independent thought.""Thank you Kanye, very cool!" Trump tweeted on Wednesday, quoting West's tweet.Trump also tweeted, "MAGA," which stands for "Make America Great Again," in response to a photo West tweeted of his Trump-signed hat.The series of tweets comes after fans lamented a report this week from Hot 97 radio host Ebro Darden that West recently told him, "I love Donald Trump," and defended a previous tweet in which the rapper complimented conservative commentator Candace Owens.But less than an hour later West followed up with another tweet -- an apparent request from his wife Kim Kardashian West, who is a critic of Trump -- and clarified that he doesn't agree with everything Trump does."my wife just called me and she wanted me to make this clear to everyone. I don't agree with everything Trump does. I don't agree 100% with anyone but myself," he wrote.But he added that he also loves former Democratic presidential nominee Hillary Clinton.White House press secretary Sarah Sanders was asked on Wednesday about West's admiration for the President and whether the pair plan to meet."I don't know of any conversation that they've had over the last week or so," Sanders said. "I'll keep you posted if that changes."West famously met with Trump?in December 2016 at Trump Tower during the then-President-elect's transition period and that encounter also generated intense backlash from West's fans.He defended the meeting in a series of now-deleted tweets?and wrote,"I wanted to meet with Trump today to discuss multicultural issues ... I feel it is important to have a direct line of communication with our future President if we truly want change."West, who was hospitalized in November 2016 due to exhaustion, shocked fans in California when he abruptly ended a concert with a rant in which he proclaimed that if he had voted, he would have voted for Trump. 2529

JOHNSON COUNTY, Kansas — Roughly 5,000 mail-in ballots will be tabulated in Johnson County Friday.The results from the mail-in ballots will be released beginning at 8 a.m. and continue until 5 p.m.The ballots could widen the margin between the two leading Republican primary candidates for governor: Secretary of State Kris Kobach and Gov. Jeff Colyer.When polls closed on Tuesday, slow reporting in Johnson County delayed results. Once the numbers came out the following morning, Kobach led by fewer than 200 votes.Since then, the numbers have been contested, but a 41 Action News county-by-county tally shows Kobach still in the lead.The Secretary of State’s office said it should have all the advance ballots that were mailed in, and any other unofficial election results that were not previously reported on election day.Provisional ballots will be reviewed and counted next week by individual counties. They must certify the results between Monday, Aug. 13 and Monday, Aug. 20.Colyer has asked Kobach to recuse himself from giving local election officials advice. 1081

Keep track of the latest wins from the 53rd annual Academy of Country Music Awards at the MGM Grand Arena in Las Vegas. Song of the Year: "Tin Man" - Miranda Lambert Lambert's reaction: "Thank you guys so much for sharing my broken heart with me"PHOTOS: See red carpet arrivals from the 53rd annual Academy of Country Music AwardsAlbum of the Year:  "From a Room: Volume 1" - Chris StapletonStapleton's reaction: Stapleton couldn't attend the ACM Awards because he is with his wife in Nashville where the couple is expecting twins. Vocal Group of the Year: Old Dominion Old Dominion reaction: "There's a lot of people that make a lot of sacrifices in order for us to be where we are right now"Vocal Event of the Year: "The Fighter" - Keith Urban featuring Carrie Underwood  Urban's reaction: "It was such a pleasure to do this song with Carrie Underwood" Underwood's reaction: "Thank you for having me. I'm still kinda shaking right now. Thank you country radio"Female Vocalist of the Year: Miranda LambertLambert's reaction: "I can not believe this. I really can't. I love country music, it is my entire life." Single of the Year: "Body Like A Back Road" - Sam HuntHunt's reaction: Hunt could not be at the ACM Awards in person on Sunday night. Male Vocalist of the Year: Chris StapletonStapleton's reaction: Stapleton couldn't attend the ACM Awards because he is with his wife in Nashville where the couple is expecting twins. Entertainer of the Year: Jason AldeanPreviously announced awards:Video of the Year: It Ain't My Fault - Brothers OsborneVocal Duo of the Year: Brothers OsborneSongwriter of the Year: Rhett AkinsNew Female Vocalist of the Year: Lauren AlainaNew Male Vocalist of the Year: Brett YoungYoung's reaction: "I'm on cloud nine, I feel like I'm living my dream and I'm so fortunate" New Vocal Duo of the Year: MidlandALSO:?Kenny Chesney performs new single "Get Along" on ACMsKeep updating this story for the latest updates on winners from the ACMs.  2048

KGTV) - A search warrant affidavit obtained by Team 10 describes what body camera footage revealed during a confrontation between a man and a San Diego police officer at a rally in Chicano Park earlier this month. 221