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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

KANSAS CITY, Mo. --  Most people quit their jobs by submitting a resignation letter or simply not showing up, but one local man is going viral for the unique way he quit at an area Popeyes.Cedrick Workuff grabs a microphone before he heads into the Popeyes near 103rd and State Line Rd. Tuesday afternoon. "I come in here and slave all the time," he says in the now-viral video. "They think I'm going to go in there and be like 'I quit, I quit.' No, I'm about to go in there and sing."Followed by his friend, Marco Summers, who is recording on his phone, Workuff grabs a microphone and heads to the door. "Excuse me, sir," Workuff said as he squeezes past a customer at the door. "I'm about to quit my job today." In the next few minutes, Workuff improvises a catchy song as the chuckling customers and confused employees stare on. Since the video was posted Tuesday afternoon, it's earned over 72800 views and nearly 13,000 shares. So what's the story behind the viral video? In an interview with 41 Action News, Workuff revealed he didn't even work at the Popeyes in the first place. Summers says he made the video to spread positivity and make people laugh."It's something me and Marco wanted to put in the works," said Summers. "It wasn't planned. It was all improvised. Only the idea was planned." Summers says he's made several other videos that have been shared by celebrities and TV shows like 'Right This Minute.'He gets his inspiration from his own experiences."I've been through most of the stories I talk about. Instead of letting them damage me, I make them something funny," Summers said. "It's opening a door for people to laugh at situations like that."Summers and Workuff hope to someday turn their stories into a TV show. "If we don't make people smile, we failed," Summers said. "Our main missing is to bring back peace and love through laughter," Workuff said. Summers posts videos on his Facebook and Youtube.  **Please be aware - this video does contain some explicit language.  2098

JBS Tolleson, Inc. is recalling more than 5.1 million pounds of raw beef products that may be tainted with salmonella, the United States Department of Agriculture's Food Safety and Inspection Service said Tuesday.The recalled beef was produced and packaged between July 26 and September 7 according to FSIS. The products have been distributed nationwide and include the brands Kroger, Cedar River Farms, Grass Run Farms and JBS generic among others.This is an expansion of a recall that was first issued in October for the same reason.The total amount of "non-intact raw beef products" that have been recalled now exceeds more than 12 million pounds.The recalled beef is linked to an outbreak of salmonella that, as of November 15, has caused 246 people to become sick in 25 states, according to the US Centers for Disease Control and Prevention. No deaths have been reported but 56 people have been hospitalized."FSIS is continuing to investigate illnesses associated with this widespread outbreak, and additional product from other companies may also be recalled," the recall notice said.Consumers should discard or return any recalled beef. FSIS said its concerned that consumers may unknowingly have recalled beef in their freezer. In addition, "only consume ground beef that has been cooked to a temperature of 160°F. Other cuts of beef should be cooked to a temperature of 145°F and allowed to rest for at least 3 minutes," USDA said.Symptoms of salmonella usually begin within 12 to 72 hours of consuming contaminated food. These can include diarrhea, abdominal cramps and fever that last between four and seven days. Most people recover on their own, but those who experience persistent diarrhea may need to be hospitalized. 1740

KANSAS CITY, Mo. — A former U.S. Secret Service agent who worked on a presidential detail for the late George H.W. Bush reminisced about the 41st president of the United States on Saturday after learning of Bush's passing.Mauri Sheer spent two years with the Bush family during his presidency before he was appointed as a U.S. Marshal in the Kansas City area. Sheer, who worked in the Secret Service for nearly three decades, served six presidents."From Gerald Ford through George W. Bush," Sheer said.But it was his time with George H.W. Bush, who died Friday night at his home in Texas, that he thought about most this weekend."He was constantly moving, and when he would move, he would move fast," Sheer said. "If you were working right ahead of him in the perimeter around him and you were right ahead of him, you'd have to be careful if you slowed down because he'd run you right over."Sheer said that same energy went into his golf game. "They say he played golf almost like you play hockey," Sheer said. "He'd hit the ball and the ball's almost done moving and he's just constantly moving."Sheer said the moment he'd never forget was the day Ronald Reagan was released from the hospital after he'd been shot. Sheer said he and Bush were running a 10-kilometer race that morning. "He didn't run as fast as he thought he was going to and he was pressed for time and he was behind and he was afraid he was going to miss it," Sheer said.As usual, Bush didn't miss a beat.Sheer said that's one thing he'll always remember. He also wanted others to know Bush was a fundamentally good person."The main thing that I think people should know about George H.W. Bush is that he's one of the most decent guys I'd ever been around," Sheer said.He also will remember Bush as a generous man who cared deeply about others.During the holiday season, Sheer said Bush would plan his schedule around his agents, so they could be home with their families for the holidays. 2001

KANSAS CITY, Kansas — A jury found two former Schlitterbahn Waterpark employees not guilty of lying to investigators in the 2016 death of a 10-year-old boy on the Verruckt water slide. The case against David Hughes and John Zalsman was the first one involving current and former Schlitterbahn employees after the investigation into Caleb Schwab's death.Schwab died from a neck injury while on the slide.A Schlitterbahn spokeswoman released this statement after the verdict: "We have maintained our belief in the integrity of our staff and respect the process and decision by the jury."Hughes and Zalsman were accused of interference with law enforcement by false reporting.On Thursday morning ahead of the verdict, the jury came back from deliberating to ask about one of the instructions in the case. The question related to an issue raised by Hughes' attorney, Scott Toth, who claimed the case should never have been brought against his client in Wyandotte County.Toth said during his closing arguments that Kansas Bureau of Investigation detectives interviewed Hughes in his home in Basehor, which is in Leavenworth County. If Hughes was going to charged with giving false information to investigators, it should have been in Leavenworth County, Toth arguedHowever, the jury instructions that Judge Robert Burns agreed to were to consider what crime had been committed in Wyandotte County.Kansas Assistant Attorney General Adam Zentner said in his closing arguments that the investigation centers on the Verruckt water slide brake mat, which is in Wyandotte County, so it shouldn't matter where Hughes was interviewed.KBI detectives interviewed both Hughes and Zalsman in June 2017. Both men told investigators that a brake mat in question was only on the water slide during testing, not when the park was open to the public.But a YouTube video taken by a waterpark guest showed the mat was there not long before Caleb Schwab died on the slide in August 2016. On Wednesday, Schlitterbahn lifeguard Jenson Connor testified that she saw the loose mat, took it off and reported it to managers.But the mat was never repaired.In his closing argument, Zentner played part of the audio recordings of the KBI interviews with both Hughes and Zalsman.“They're not confused, there's no memory issues,” Zentner told the jury.Zentner argued both men knowingly told false information to investigators with the intent to mislead them.However, Toth said in his closing arguments that the two men were being "singled out for a cover-up even though there was no evidence they were ever asked to fix the mat.”Toth also said the KBI had evidence, including the YouTube video and a screenshot from the video showing the mat in place during the season, but did not show that information to either Hughes or Zalsman. KBI investigators did show that evidence to a third man on the maintenance crew, Willard Kampmeier, Toth said.Toth called Hughes and Zalsman "two good old boys, who are hard working.”He also noted there had been multiple configurations of the brake mats on the slide over the course of its operation.Attorney Christopher Joseph, who represents Zalsman, said in his closing that there was no evidence presented during the trial to show the brake mat even mattered or was a factor in Caleb’s death."Why would two working-class, hourly guys lie about something insignificant. It doesn't make sense," Joseph said.READ: COMPLETE VERRUCKT COVERAGEZentner, however, said both men were shown photos and given an opportunity to change their recollections, but did not.Zentner noted both men told KBI investigators that they were responsible for the maintenance of the Verruckt. Hughes told investigators he knew the slide "inside and out,” Zentner said.This case is the first one involving current and former Schlitterbahn employees after the investigation into Caleb’s death.Park co-owner Jeff Henry, Verruckt designer John Schooley and former manager Tyler Miles all face multiple charges related to the death of the boy. 4084

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