As the most reliable and balanced news aggregation service on the internet, DML News offers the following information published by TUCSON.COM:

Federal prosecutors have decided to retry Border Patrol agent Lonnie Swartz in the killing of 16-year-old Jose Antonio Elena Rodríguez.

The decision for a new trial on voluntary and involuntary manslaughter charges was made at a hearing in Tucson’s federal court this morning. The new trial was set for Oct. 23.

Swartz was originally charged with second-degree murder in the 2012 shooting and acquitted last month by a jury of eight women and four men. But the group was unable to reach a unanimous decision on voluntary manslaughter. U.S. District Judge Raner Collins had given them the option to consider the lesser charges if they were unable to reach a verdict on second-degree murder. The article goes on to state the following:

Swartz has admitted shooting through the border fence in Nogales in response to a group of rock throwers, but his defense attorneys argued it was justified because it was in self-defense.

Prosecutors insist that Swartz’ use of deadly force was unnecessary.

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