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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

KFC has issued a high-profile, humorous apology for its chicken shortages in the UK.The fast-food chain used a full-page ad in British newspapers to apologize for shutting down hundreds of restaurants this week because it ran out of chicken.The bright red advertisement showed an empty bucket with the chain's initials scrambled to say "FCK" on it, alongside an apology.  384

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

KANSAS CITY, Mo. — Doctors and nurses are celebrating the recovery of a 23-year-old man who spent months in the hospital with a severe COVID-19 infection.In early April, Shakell Avery began feeling some of the COVID-19 symptoms. He went to the emergency room, and within 48 hours, he was on a ventilator fighting for his life due to the virus.After spending months in the hospital, he recovered, thanks to a convalescent plasma donor from New York and medical staff from Menorah Medical Center and Research Medical Center.It's been a celebration ever since his family heard the news their loved one was coming home."You definitely feel the love," Avery said. "It's like they were waiting for a celebrity to come to town."In late June, Shakell's doctors and nurses also celebrated his recovery."As hard as these days have been for some of us on the front line, it's worth it," said Dr. Marjorie Wongs with Menorah Medical Center said. "It makes it worth it."It's a different story from just a few months ago when Avery first contracted the virus.He shared how he felt right before he went to the hospital."I played sports, I played football, and I've never felt body aches like that," Avery said.Ultimately, it was the shortness of breath that worried him and his family."I mean just taking real deep breaths, and I still couldn't get it, and I thought, 'something's wrong,'" Avery said.He spent more than two months at Menorah Medical Center."He had life-threatening COVID-19," Wongs said. "He had severe pneumonia and required a ventilator. He had respiratory failure.""I remember before I went in and then when I woke up at the hospital," Avery said. "I don't really remember much at Menorah."Nurses and staff put up a tent for the family to say hello through the window and draw pictures because they couldn't physically be inside with him at the time.Avery's family said it was such a blessing to see the healthcare staff doing what they could to see their loved one, especially since Avery was in the hospital for a total of 79 days."Initially, you hear two weeks, three weeks," Shakell's mother, Wiletta Avery said. "When he was put on a ventilator, that was the hardest thing for me."Wiletta Avery then heard what no mother wants to hear."On April 11th, 4:30 in the morning, I'll never forget. They call and they're explaining to us that there's nothing they can do for him. He was maxed out on ventilation," Avery's mother said. "At that point they allowed me to go up and see him. And you know, they're not letting people into these hospitals, so when they say, 'You can come up,' you pretty much know what that means as if this will be my last time seeing him."While seeing him, she asked him to do just one thing."I just asked him, I need you to fight for me," she said. "I need you to fight."Wongs said there was a push to get convalescent plasma for Avery, but it wasn't an easy process."We contacted local blood banks; no one had any plasma available. We started looking for donors ourselves," Wongs said. "We even were contemplating flying a donor to another state, to where they could do the collection because we didn't even have collection capabilities in Kansas City until much later."Avery's family members also went to social media, pleading someone who recovered from COVID-19 to help save Shakell's life.They eventually found a donor."We ended up getting a donor from New York City. They were able to ship that plasma to us from the community blood center," Wongs said.They transfused those antibodies into Avery's body."It's experimental. This is the first patient that I had given convalescent plasma to. It's been reported out for other infections, but you know, this was our first patient," Wongs said.And it worked."To see he improved with it was just amazing for us," Wongs said. "I think it is definitely going to be one of the bridging therapies until we get to a vaccine or some sort of a cure. It is definitely one of the first things I go to now in patients that have severe, life-threatening COVID. I know we are using it much more than we were now."Menorah Medical Center and Research Medical Center worked together to make the transfusion happen."We are part of a national clinical trial," Wongs said. "I think we'll have some data that comes out later this summer as to the efficacy of convalescent plasma, but those of us on the ground that are using it, we think the data is going to be promising."Avery was only in his early 20s when he contracted the virus."It's definitely something I don't want anybody to go through," he said. "I just felt real depressed, robbed... like somebody just snatched you out your livelihood."While Avery recovered from the virus, it hasn't been a full overnight recovery."You don't just come home and everything is right back to normal. I had to learn how to walk again, I had to learn how to stand up straight on my own, with no support. I'm still having to learn how to properly get up steps," Avery said. "I used to be active, moving, and now it's just like, everything that you learn that's new, that's second nature to you, you have to relearn. So it's difficult. The fight really ain't over until it's 100 percent over."Avery has a message for young adults his age."When you decide to step outside, no mask, no sanitizer, no care in the world, think about whose father you're taking away from that kid. Think about whose mother you're taking away, whose grandparent, whose daughter, whose son," he said.He said he hopes more people take this virus seriously."Don't think you're invincible, I used to think that," Avery said. "Take this as serious as you would anything else. Take this as serious as life, cause it's that serious."Avery says financially, it's been hard too, as bills didn't stop while he was in the hospital for months and now continues to work on physical therapy.His family has set up a GoFundMe page to help with financial assistance.This story was originally published by Rae Daniel on KSHB in Kansas City. 6012

KANNAPOLIS, N.C. – The oldest living U.S. Marine celebrated her 107th birthday over the weekend.The U.S. Marine Corps wished Sgt. Dorothy “Dot” Cole a happy birthday in a special video posted on Facebook on Saturday.The USMC says Cole was born on Sept. 19, 1913 in Warren, Pennsylvania, and enlisted in the Marine Corps after the attack on Pearl Harbor in 1941.“Everyone was out doing something, the women helping The Red Cross or even in churches, they were knitting things, so I decided that I wanted to do something and I would go into the Marine Corps,” said Cole in the video.Cole was part of a female integration into what were considered male-dominated career fields within the Marine Corps during World War II, according to the USMC. That allowed the Marines to free up personnel to fight the war in the Pacific.Cole now lives in Kannapolis, North Carolina, according to the city.Happy 107th Birthday to Dot Cole! Sgt. Cole, of Kannapolis, is the oldest living U.S. Marine in the United States. She joined the Marines in 1943 during WW II. She completed her training at Camp Lejeune and was then stationed at Quantico primarily in an administrative role. pic.twitter.com/mHZGMPNIxO— Kannapolis, NC (@Kannapolis) September 19, 2020 In a tweet wishing her a happy birthday, the city says Cole joined the Marines in 1943, completed her training at Camp Lejeune and was then stationed at Quantico, primarily in an administrative role. 1446