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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 had been a supporter of President Donald Trump. Then on July 4, the rapper announced he was running for president.He has filed to appear on several ballots, some successfully and others not.At this time, voters in Colorado, Oklahoma, Utah and Vermont will see West’s name on the presidential ballot. In West Virginia and Arkansas the rapper has made the ballot but the signatures he submitted have not been verified and a few of those states are actively questioning the validity of the signatures. He failed to make the ballot in Ohio because of "mismatched paperwork," according to state election officials on August 21. Specifically, information and the signature on West's nominating petition and statement of candidacy didn't match up to the documents used to circulate part-petitions.He missed being on the ballot in Wisconsin by less than a minute. The Wisconsin Elections Commission said the deadline is "no later" than 5 p.m., and they rejected West's attorney's claims that they had until 5:01 p.m. to file. Kanye did not gather enough signatures by the deadline to appear on the ballot in Missouri or his home state of Wyoming. While he successfully met the deadline in New Jersey, West withdrew his petition to be on the ballot over questions about the required signatures.West missed the deadline early on and will not appear on the ballot in New York, Kansas, Maine, South Carolina, Texas, Michigan and Florida.West has listed Wyoming spiritual coach Michelle Tidball as his vice presidential candidate on his filings.In mid-July, West received 2 percent in a nationwide poll. 1609

Jon Lester is now a free agent in the MLB, after a million option was declined by the Chicago Cubs. If he does leave the team, he left fans a huge parting gift: ,000 in beer.On Friday, before the official word the team declined Lester’s option, the pitcher tweeted he wanted to thank his fans.“Regardless of what’s next I want to thank the fans for the past 6 years. So this weekend (10.30-11.1) Im (sic) buying y’all my favorite beer,” Lester tweeted, then added four bars in the Chicago area. “Your 1st @MillerLite is on me. Just tell em to put it on #JonsTab,” Lester continued. 596

JACUMBA,Calif. (KGTV) — Neighbors in a rural East County town are once again fighting the possible release of a sexually violent predator into their community.Currently, the Department of State Hospitals is considering Thomas Cornwell as the next new resident of the Jacumba Hot Springs area. Cornwell was convicted of lewd acts with children under 14.While the Jacumba area is patrolled by San Diego Sheriff's deputies, neighbors aren't satisfied.RELATED:'Bolder than Most' rapist not being released yetInvestigators seek victims of suspected North County child predatorEx-NFL tight end Kellen Winslow II changes plea to guilty in rape trialWhen asked how do you explain to children that there's sexually violent predators in your community, one resident told 10News, "tell them there's a rattlesnake that walks on two legs."County Supervisor Dianne Jacob has been an outspoken critic against the placement of sexually violent predators in the area. Jacob says the individuals should, instead, be kept behind bars."As far as I'm concerned, they gave up their right to freedom when they preyed on our young and most vulnerable. They don't belong in any town. They belong behind bars," Jacob said in a statement.Since 2015, nine of 12 sexually violent predators in the county have been released into the East County. Five of 12 have violated the conditions of their release. Four have been returned to a state mental institution.Cornwell's release hasn't been finalized. His hearing is set for Dec. 14, where the public is welcomed to attend and comment. 1561

LA JOLLA, Calif. (KGTV) — Coast Boulevard in La Jolla was shut down Thursday, and will remain temporarily closed, as city crews began emergency construction to stabilize a nearby cave.The city closed Coast Blvd. late Thursday to begin an emergency project to stabilize Cook's Crack after geology experts discovered a zone of weakness in the cave, which is located underneath the street.During a press conference, crews said the concern is an outright collapse of the section of road over the cave. Currently, the weakness "is not a slow settlement" and could fail if erosion happens underneath the street. Much of the dense rock had eroded, and now sand and roots were showing through from underneath.As part of the project, sections of Cave St. and Coast Blvd. will be temporarily closed to traffic for about six weeks. The city said it will make accommodations for nearby residents and business affected by the closure.Officials said the discovery came as the city assessed repairs to Coast Blvd."They said there's been some shift in the road itself," David Heine, owner of nearby Brockton Villa Restaurant, said. "The busiest two weeks of summer, literally ... Obviously safety's the number one concern for any city, and we respect that." Heine said crews are allowing pedestrians to continue to walk through the area.The city called in crews from Texas, who drove in overnight to take over the project. Friday, the crews began drilling into the street above to locate some of the weakest points. Eco-friendly polyurethane will be used to shore up those weak points, crews say.Cook's Crack is located in the area between La Jolla Cove and the popular Cave Store. The section of coastline is populated by several small caves that tourists can explore through an entrance in The Cave Store or kayaking nearby.The section of Coast Blvd. over the cave is a popular route to visit the cove and coastline, as well as restaurants that dot the street. 1954