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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

LA JOLLA, Calif. (KGTV) — City crews have started emergency repairs to an unstable cave located underneath a busy La Jolla street.Coast Blvd. was closed late Thursday after experts found weaknesses in Cook's Crack, a sea cave underneath Coast Blvd. near Cave St."We're starting to see above ... the looser, weaker material. That's a trigger right off the bat that, 'Oh my God, we don't have the beefy rock bridging across anymore. So that's what got out attention," said James Nagelvoort, city public works director.RELATED: La Jolla streets closed for emergency stabilization of Cook's Crack caveThe discovery came as crews prepared to repair Coast Blvd. Assessors discovered that if too much weight is above the cave or heavy seismic vibrations hit the area, the road could collapse, according to the city.A crew from Texas was called to lead the project, driving overnight to La Jolla Friday.Crews plan to first fill the cave's cracks with an eco-friendly polyurethane mix to strengthen the dirt. The next phase will be to clear out all of the water and fill the cave with a concrete mix.Construction is expected to last about six weeks, closing parts of Coast Blvd. and Cave St.Cook's Crack is located in the area between La Jolla Cove and the popular Cave Store. The strip of road leads down to seaside restaurants and parking for many tourists and residents.The project required the city to quickly close the road before locals realized what the issue was, though businesses and residents were allowed to pass through the area Friday."They said there's been some shift in the road itself," David Heine, owner of nearby Brockton Villa Restaurant, told 10News. "The busiest two weeks of summer, literally ... Obviously safety's the number one concern for any city, and we respect that." 1799

Jimmy Kimmel just couldn't resist.A week after his online war of words with Fox News host Sean Hannity, Kimmel had the opportunity to comment on Monday's surprising courtroom revelation that Hannity was a client of President Donald Trump's lawyer Michael Cohen."This morning, Michael Cohen was forced to reveal the name of a mystery third client. He tried everything to keep it secret, but the judge ordered him to reveal the name of client number three. And shockingly, that client turned out to be my pal Sean Hannity," Kimmel said in the opening of his ABC late night show. "Isn't that interesting?"Related: Sean Hannity invites Jimmy Kimmel on his show, says it's time to 'move on'Kimmel then read from Hannity's statement about Cohen, which said that the Fox host never retained Cohen "in the traditional sense," received an invoice from him or paid him legal fees. Hannity said he "occasionally had brief discussions about legal questions" with Cohen."That sounds normal. He has a lawyer he doesn't pay," Kimmel joked. "By the way, I'm thinking of hiring Michael Cohen as my lawyer. He only has three clients and apparently he works for free. He doesn't take money from anyone."According to Hannity, he never dealt with Cohen on matters between him and a "third-party.""I don't know what kind of legal advice doesn't involve a third party?" Kimmel asked. "Unless maybe Sean Hannity was thinking of suing himself?"Related: Sean Hannity responds after being named as Michael Cohen's mystery clientOver on CBS's "Late Show," Stephen Colbert was downright jovial about the news. After Colbert revealed the news to the audience, the camera cut to him lounging in an armchair, rubbing his own nipples and drinking a glass of red wine."Jon Stewart, after the show I'm going to come over and we're just going to spoon," Colbert said, referring to his old "Daily Show" boss. "This is crazy!"On "The Daily Show," host Trevor Noah said that knowing Hannity has direct ties to Cohen makes it "fun to look back" at past clips from Hannity's show."You know, now that we know he was working with Cohen, that looks less like a news show and more like a guy already stressed giving himself a pep talk," Noah said.The-CNN-Wire 2222

JACKSONVILLE, Fla. (KGTV) - 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. 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 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. 1721

KANSAS CITY, Mo. — One of the men indicted for the death of 10-year-old boy on a water slide in 2016 is also facing a bankruptcy in Texas.Jeff Henry, the co-owner of Schlitterbahn water parks in Kansas City, Kansas and Corpus Christi, Texas is scheduled to appear in a Kansas City, Kansas, courtroom next week.The Corpus Christi location is part of an ongoing bankruptcy.According to court records, Jeff Henry and his brother Gary Henry were behind a company called Upper Padre Partners (UPP).Those same records show UPP had more than million in unexplained cost overruns for the Corpus Christi water park.That figure is more than double what it was expected to cost to build the complex, which also includes a nine-hole golf course.Companies the Henrys borrowed money from accuse them of mismanagement and misappropriation of funds.Right now, a court-appointed trustee runs Upper Padre Partners, and submits monthly financial reports to the court.The newest report, for February, was submitted last week.Court records show a company called Axys loaned UPP million in February 2015.By November 2016, three months after 10-year-old Caleb Schwab was killed while riding a slide in the Kansas City park, that million was in default.Axys foreclosed on a piece of property next to the Corpus Christi water park and is attempting to sell it to get some of its money back.An attorney for Axys said UPP still owes the company millions of dollars.Court records show UPP also owes International Bank of Commerce more than million.That bank has put claims known as liens on both the water park and the golf course. 1662