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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

Kent Dunn and his sons spend their days preparing for harvest in Finney County, Kansas. Their farm grows thousands of acres of corn for local cattle feedlots, soybeans, cotton and milo.But their farm, like every other in the county, is struggling to conserve the one thing in short supply: water.“If we don’t conserve the aquifer, it’ll be something that just disappears,” said Kent Dunn, of 4D Farms. 409

Joe Biden is using a campaign stop in economically decimated Nevada to hammer President Donald Trump and Senate Republicans for not doing more to help Americans deal with the economic fallout of the coronavirus pandemic.WATCH RECAP:The Democratic presidential candidate told supporters Friday at a socially distanced drive-in rally outside Las Vegas that Trump “ignores you” and has “no urgency to deliver hard-working Americans ... what they need desperately.” He says Republican Senate leader Mitch McConnell wants to let state and local governments “go bankrupt.”During the event, Biden told his supporters that President Trump's personal conduct has been "reckless" since he was diagnosed with COVID-19 last week. Trump was released from Walter Reed Medical Center on Monday."His reckless personal conduct since his diagnosis, the destabilizing effect it’s having on our government is unconscionable. He didn't take the necessary precautions to protect himself or others. The longer Donald Trump is president, the more reckless he gets," Biden said.Biden blasted Trump for pulling out of congressional negotiations for another round of pandemic economic relief and reversing himself Friday. Biden noted it’s been months since House Democrats passed a .4 trillion package for businesses, individuals, and local and state governments dealing with cratering tax revenues and increased costs.Nevada has been hit especially hard in the pandemic economy as tourism to Las Vegas has fallen drastically. The state’s 13.2% unemployment rate in September was the nation’s highest.Earlier in the day, Biden spoke at the East Las Vegas Community Center where he told supporters that he can’t win without strong support from Hispanics.Biden is telling Latinos in Nevada that they can “determine the outcome” of the November election and help deliver a Democratic victory big enough to keep President Donald Trump from pushing “phony challenges” to the results.Latinos are on track to surpass Black voters as the single largest nonwhite share of the U.S. electorate. Biden told a masked, socially distanced crowd that voting in decisive numbers is “the thing that guarantees significant influence over what happens next” because politicians respond to those that “delivered the vote.”Biden drew parallels between his family lineage as Irish Catholic immigrants and much of the Latino community that he said is hurt by Trump’s hard-line immigration policies. Biden says “family and faith” link his experiences with the Hispanic community.Early voting starts in Nevada Oct. 17. Hillary Clinton won the state in 2016, but it remains a battleground. 2645

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

KGTV - The President is moving forward in sending National Guard troops to the border.The move comes after President Trump spent the last few days harping on border security The memorandum gives military leaders a 30-day deadline to get a plan together but calls for the immediate mobilization of National Guard personnel to the southern border of the United States.The two-page document does not include specific deployment size, location, duration or cost as those details are still being worked out by the Federal government.“We do hope the employment begins immediately,” said Homeland Security Secretary Kirstjen Nielsen, “we’ve been very specific state by state, locale by locale of what CBP believes they need and we’ll work with the governors to see what they need.“California Governor Jerry Brown is the only governor to not lend support to the measure yet. President Bush deployed more than 6,000 troops to assist border agents in Operation Phalanx in 2006 and President Obama sent 1,200 troops to the border in a similar operation in 2010. 1068