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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
JACKSONVILLE, Fla. — 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," Dickie said. "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. She added 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. 1747
JOHNSON COUNTY, Kan. — Latest data from the Centers for Disease Control and Prevention shows the suicide rate among young people between the ages of 10 and 17 increased 70 percent from 2006 to 2016.“In all my years of community mental health, I’ve never once been afraid to open my email in the morning,” Tim DeWeese said. “Today I’m afraid to open my email to see that someone else has committed suicide or that there’s been another homicide or there’s been another shooting."For more than 20 years, DeWeese has been with Johnson County Mental Health in Kansas, and has seen vast changes from the time he’s started.“It seems like we can’t go a week or a couple days without seeing something, so that’s the hardest part,” DeWeese said.CDC data also showed while black youth killed themselves less than white youth, the increase rate was higher, 77 percent within that decade.In Kansas alone, the suicide rate is higher than the national average, with Johnson County being number one in the state.“More than one Kansan dies everyday from suicide,” DeWeese said.DeWeese said there could be a number of contributing factors.“Lack of availability of mental health resources,” DeWeese said. “Our country, our state, has not necessarily put an emphasis on funding mental health treatment.”He said the stigma surrounding mental health could also be playing a role.“When we see these mass shootings occur or anything bad happen, immediately that person says that person has a mental illness,” DeWeese said.He said this does nothing but further stigmatize a mental illness. “And it really promotes people not to seek treatment,” DeWeese said.John County Mental Health recently started providing free gun locks at the center.“If you can create a barrier such as a gun lock, then — if actually in those two minutes it would take to unlock the gun or to find the key — then a person may rethink that decision,” DeWeese said.He said he encourages anyone who may know someone who is struggling not be afraid to ask them how they’re feeling, if they feel like harming themselves, and to listen.For more on suicide prevention, click here.— 2161
JACUMBA, Calif. (KGTV) -- Border Patrol and a host of other government agencies are investigating after authorities found a cross-border tunnel in the east San Diego County town of Jacumba.The tunnel was discovered by Mexican State Police on September 19 just 221 feet south of the U.S./Mexico boundary.On October 4, agents found an entry point that was roughly 31 feet deep. The total length of the tunnel is 627 feet, 336 feet of which is in the United States.The average length of the tunnel was three feet high and two and a half feet wide. An exit shaft was discovered, but didn't break the surface into the U.S. RELATED: Cross-border tunnel leading to KFC found in YumaOn top of the massive tunnel, authorities discovered a complex system used to light and ventilate the tunnel. The system included solar panels used to run the electrical, lighting and ventilation systems, and a pump system used to get rid of any water inside the tunnel.Authorities didn’t say whether any arrests have been made or what the tunnel was supposed to be used for, though the Drug Enforcement Administration is one of the investigating agencies. 1149
KEARNY MESA (CNS) - Four men were wanted for robbing a convenience store in Kearny Mesa Sunday, police said.A clerk at the Circle K on Balboa Avenue just east of Interstate 805 was working by herself around 8:45 a.m. Sunday when four men came into the store, looked around and left without making a purchase, San Diego police Officer Robert Heims said.The four returned about eight minutes later, and one of them pointed a knife at the clerk's abdomen and demanded cigarettes, Heims said. The woman complied, and the men took multiple packs of cigarettes and cigars. The total amount of property stolen was not known, according to Heims.The suspects, all men in their early 20s, were described as:-- 5-feet-7-inches tall, about 160 pounds with black hair and green eyes, wearing a black hoodie with white strings and black pajama pants;-- 5-feet-3-inches tall, heavyset with black hair, wearing a black hoodie with white strings and black pajama pants;-- 5-feet-2-inches tall, about 115 pounds with black hair, also wearing a black hoodie with white strings and black pajama pants;-- and a man of unknown height, with black hair wearing a black and red leather jacket.Robbery detectives were investigating the incident. 1227