Border agent Lonnie Swartz indicted in Mexican teen shooting

REUTERS/Alejandro BringasA demonstrator throws a stone towards the USA border fence, during a protest at a section of the fence between Mexico and the U.S., on the outskirts of Ciudad Juarez, June 12, 2010.

A US Border Patrol agent who shot and killed a Mexican teenager in a cross-border shooting incident has been charged with second-degree murder.

“Lonnie Ray Swartz, did with malice aforethought, and whilst armed with a P2000 semiautomatic pistol, kill” Jose Antonio Elena Rodriguez, the indictment reads.

“The Elena Rodriguez Family is grateful to the DOJ [Department of Justice] for this first step in the pursuit of justice, and remain steadfast in their resolve to seek full transparency from the U.S. Border Patrol on behalf of Jose Antonio”, Luis Parra, the attorney representing Elena Rodriguez’s mother, told the Associated Press. The teen’s family has already filed a civil lawsuit, according to Homeland Security Newswire.

Rodriguez’s loved ones – who has maintained that their son was walking home from playing basketball on a street that runs adjacent to the fence and not throwing rocks – support the US Justice Department’s ruling.

Swartz is expected to plead not guilty in an October 9 arraignment.

Swartzs attorney, Sean Chapman, did not respond to calls seeking comment.

Eight of those rounds allegedly struck 16-year-old Jose Antonio Elena Rodriguez, who bled to death, according to BuzzFeed. “In fact, last week the federal government finally got around to trying two suspects in Agent Terry’s murder”, said former police detective and narcotics agent Melanie Porchost. The U.S. Attorneys Office declined to comment on the case. “There are lots of claims of abuse where Border Patrol has not taken action”.

“It is unfortunate that after three years and after being cleared by multiple local, state and federal agencies, Agent Lonnie Swartz is now facing criminal charges”, Local 2544 of the National Border Patrol Council said in a statement. Generally, CBS reports, agents are allowed to use lethal force in situations that can be “potentially deadly”.

There are now more than 21,000 federal agents guarding the borders – almost 10 times the total in 1980.

In July, a federal judge ruled that Rodriguez’s family could sue the agent.

Investigators weren’t able to find all of the shell casings from bullets Keller fired, Terwillger said. Mesa fired his weapon across the Rio Grande, striking the teen twice.