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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

John Kelly is expected to resign as White House chief of staff in the coming days, two sources familiar with the situation unfolding in the West Wing tell CNN.Seventeen months in, Kelly and President Donald Trump have reached a stalemate in their relationship and it is no longer seen as tenable by either party. Though Trump asked Kelly over the summer to stay on as chief of staff for two more years, the two have stopped speaking in recent days.Trump is actively discussing a replacement plan, though a person involved in the process said nothing is final right now and ultimately it is up to Trump. Potential replacements include Nick Ayers, Vice President Mike Pence's chief of staff, who is still seen as a leading contender.News of Kelly's imminent departure was first reported by Axios.Kelly has seen his status as chief of staff diminished in recent months, with the President circumventing many of the policies and protocols the retired Marine Corps general put in place when he entered the West Wing last year.In July, Kelly announced to White House staff that Trump had asked him to stay on as chief of staff until at least 2020, and that he had agreed.CNN reported last month that Trump was considering potential replacements for several senior positions in his administration as part of a post-midterms staff shakeup.The-CNN-Wire 1351

JOHANNESBURG (AP) — Zindzi Mandela, the daughter of South African anti-apartheid figures Nelson Mandela and Winnie Madikizela-Mandela, has died aged 59. State television the South African Broadcasting Corporation has reported that Mandela died at a Johannesburg hospital early Monday morning. At the time of her death, she was South Africa's ambassador to Denmark. The Mandelas' daughter came to prominence in 1985, when the white minority government offered to release Nelson Mandela from prison if he denounced violence perpetrated by his movement, the Africa National Congress, against apartheid, the brutal system of racial discrimination enforced in South Africa at that time. His letter rejecting this offer was read by his young daughter Zindzi at a packed public meeting and broadcast around the world. 818

KEARNY MESA (CNS) - A man armed with a BB gun robbed a Korean restaurant in Kearny Mesa, San Diego police said.The robbery took place just before 10 p.m. Friday at Woomiok, located in the 3800 block of Convoy Street, SDPD said.The thief, allegedly a former employee of Woomiok's, stole 0 from the register, SDPD said. While reaching over to grab the money from the register, the employee he threatened with the gun, grabbed it. During the struggle for the gun the suspect dropped it and ran from the restaurant heading southeast through the parking lot.The robber was described as Hispanic. He stood 5 feet 5 inches tall and weighed about 135 pounds, SDPD said. The thief was wearing all black clothes and had a black backpack.No injuries were reported. 764

JACKSONVILLE, Fla. (KGTV) - Multiple people are dead, and injured after a fellow gamer fired about a dozen rounds in the middle of a tournament in Florida. A gaming expert says there was limited security.Gayle Dickie, CEO of Gamer World News, said these kinds of tournaments happen all over the world and all the time."This is horrifying, really," she said.The shots rang out on the second and final day of the Madden 19 Tournament. Players entered Chicago Pizza on the first floor of Jacksonville Landing and Dickie said there was little security, "It's unfortunate because it was a smaller event, I mean it wasn't a large event. If you go to events like the Barclay's Center or Staple's, you're going to go through a metal detector."Inside, gamers entered their own world, "it is probably the biggest quality of a gamer, to have that intense focus, so everybody was focused on gameplay." Dickie said that made it easy for 24-year-old David Katz to find his targets."It sounds like he knew who he was going after, so you know and you saw the two players sitting there. I saw the video and you can see them sitting there, and it didn't take him long, you know, obviously he knew what he was looking for," she said.Dickie said gamers can be as young as 12-years-old at these competitions."It's just shaken the core of the gamer community. No one would ever think that something like this would happen," she said.Dickie said the gaming world provides a place for everyone to find a niche community to which they belong. Now she hopes everyone watches out for one another."I think this will be the focal point of being aware of your surroundings no matter where you are," she said. 1721