PHOENIX, AZ — A U.S. border Patrol agent is going on trial on a second-degree murder charge this week in a rare Justice Department prosecution of a fatal cross-border Mexico shooting.
Lonnie Swartz is charged with opening fire from the Arizona side of the border into Nogales, Mexico more than five years ago and killing 16-year-old Jose Antonio Elena Rodriguez.
An autopsy showed the unarmed teen was hit 10 times, mostly from behind.
The trial starts Tuesday in U.S. District Court in Tucson.
It comes amid President Donald Trump’s immigration crackdown and pledge for a towering wall along the U.S.-Mexico border.
Swartz’ defense lawyers say the teen was throwing rocks just before he was shot to create a distraction for a drug smuggling attempt.
Prosecutors do not dispute that the teen threw rocks.
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