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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

JEFFERSON COUNTY, Colo. — It’s easy to spot deer or wild turkeys along Parmalee Gulch Road north of Highway 285 in Jefferson County. But what's catching the eyes of speeding drivers now is a creature of myth and legend.On Ron DiDonato's Indian Hills property is a 5-foot pink pig with wings that flap, attached to a 10-foot pole.“I knew this would be an attention-getter and it definitely has been,” DiDonato said. “At first, I didn’t know if it was going to be good or not because they were stopping in the street to look at it."DiDonato said he decided to create the flying pig to play off the saying that the only time traffic would slow down on Parmalee Gulch Road is when pigs fly.“I couldn’t go out, couldn’t do anything, so I decided to do this just to slow the traffic down and it sure has helped,” DiDonato said. “I’m not an artist of any sort, so I did papier-maché, and to make it weatherproof I fiberglassed it. Then painted it pink and put lipstick on it.”Ron needed newspaper for his papier-maché project, which his granddaughter helped with, so he contacted Terri Wiebold, publisher of the Castle Pines Connection.“Having done some pandemic purging ourselves, The Castle Pines Connection had set aside some archived papers to recycle, and we were happy to oblige DiDonato’s request," Wiebold said.DiDonato said so far, it seems to be working — people are so surprised to see the flying pig, they slow down to take it all in.DiDonato said he blames the speeding problem on the growth that has been coming as fast as the drivers down these foothill roads and in this part of Jefferson County.Mike Taplin, public information officer for the Jefferson County Sheriff’s office said he doesn't know if the flying pig has helped slow speeding traffic."If people post something or do something to help remind drivers to follow traffic laws and drive with safety in mind, we do not have a problem," he said. "The public should not attempt to enforce traffic laws themselves — that needs to be done by law enforcement agencies.”DiDonato said he plans to leave it up all winter and for as long as it keeps working to slow down drivers who like to push well past the 30 mph speed limit on the straight stretch of road through his neighborhood.“All my neighbors are really happy I did it. Maybe we’ll do some more," he said.This story was first reported by Jayson Luber at KMGH in Denver, Colorado. 2408

Kim Jong Un has become the first North Korean leader to step into South Korean territory since 1953, crossing the demarcation line separating the nations for a historic summit on Friday morning.He was greeted by South Korean President Moon Jae-in and the two leaders shook hands, before walking along a red carpet to the Peace House for the first meeting between the leaders of the divided Koreas since 2007.Both men traveled to the demilitarized zone (DMZ) on Friday for a full day of talks on three subjects with worldwide implications -- the denuclearization of the Korean Peninsula, a peace settlement and the improvement of bilateral relations.Crowds of supporters, holding signs calling for denuclearization, had waved off the South Korean President as he left his residence in Seoul and his motorcade's hour-long drive north towards the DMZ was broadcast live to the world.Huge banners have been displayed across the South Korean capital of Seoul proclaiming "Peace, a new start" amid rumors the two leaders could discuss signing an official peace treaty finally ending the Korean War.Kim would "open-heartedly discuss" all the issues with Moon, and was entering talks with the hope of "achieving peace prosperity and reunification of the Korean Peninsula," North Korean state media KCNA said.The summit is the result of months of diplomatic wrangling and negotiating on the part of Moon, a longtime advocate of peace between the Koreas. It will also set the stage for the first meeting between a sitting US president and North Korean leader when Donald Trump and Kim meet in May or June.However, stakes are high and some observers are doubtful the two sides can bridge the gap created by 60 years of antagonism and suspicion.Official talks are scheduled to begin at 10.20 a.m. local time (9.20 p.m. ET Thursday). 1828

KANSAS CITY, Mo. – After more than a century embedded beneath the paint, researchers discovered a grasshopper beneath the brushstrokes in a Vincent Van Gogh painting at the Nelson Atkins Art Museum.Paintings Conservator Mary Schafer discovered the tiny grasshopper in the lower foreground of the landscape while working under a microscope. It is not easily seen by the naked eye.Photo courtesy of the Nelson-Atkins. According to a news release from the Nelson, Schafer and other researchers hoped the grasshopper could be used to determine a more specific date on the painting.“It is not unusual to find insects or plant material in a painting that was completed outdoors,” Schafer said. “But in this case, we were curious if the grasshopper could be used to identify the particular season in which this work was painted.”Unfortunately, entomologists were unable to date the painting, but could determine the grasshopper had died before landing on Van Gogh’s canvas.Additional research on Van Gogh’s “Olive Trees” is underway. The painting is available for viewing at the Nelson Atkins Museum of Art in Kansas City, Missouri.  1144

KENOSHA, Wisc. — If police spotted the teen reportedly carrying a rifle in Kenosha Tuesday night, they could have stopped him to find out if he was committing a crime before he allegedly killed two protesters and injured a third.Images of people openly carrying guns during protests in Milwaukee and Kenosha this summer may make some people feel uneasy. But they are not breaking the law.Wisconsin is an open carry state, meaning anyone who gets a gun legally can carry it in most public places without a license or permit.But that's not the case for minors like 17-year-old Kyle Rittenhouse, who is accused of shooting three protesters in Kenosha Tuesday night, killing two of them.Kenosha Police Chief Daniel Miskinis confirmed to reporters Wednesday that you have to be 18 to open carry in the state of Wisconsin.And according to a 2009 memo from the Wisconsin Department of Justice, police can stop someone openly carrying a gun to determine if a crime is being committed.The DOJ says officers can stop someone if they have "reasonable suspicion" of criminal activity, adding Wisconsin's open carry law, "...is not a shield against police investigation or subsequent prosecution."In this case, police could have asked Rittenhouse how old he was and stopped him before he allegedly pulled the trigger.There are some exceptions in Wisconsin state law allowing minors to carry guns, including if they are in the military and in the line of duty, as well as if they are under adult supervision and using it for target practice or instruction. State law also allows exemptions for hunting purposes.This story originally reported by Marty Hobe on TMJ4.com. 1663

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