Agent who shot into Mexico, killed teen wants case dismissed

[Judi Lynn]

Source: Associated Press

Agent who shot into Mexico, killed teen wants case dismissed
By ASTRID GALVAN, Associated Press : May 26, 2015 : Updated: May 26, 2015 2:28pm

TUCSON, Ariz. (AP) — A U.S. Border Patrol agent who fired shots across the U.S.-Mexico border, killing a teenager, wants a civil rights lawsuit against him dismissed on grounds that the boy was in Mexico at the time and therefore wasn't protected by the U.S. Constitution.

. . .

In a similar case out of Texas, a federal appeals court found the family of another Mexican teen killed by an agent cannot sue in the United States.

In the latest case, the ACLU filed suit in Tucson against agent Lonnie Swartz. It sued on behalf of Araceli Rodriguez, the mother of 16-year-old Jose Antonio Elena Rodriguez.

The teen was in Nogales, Sonora, near the tall, steel fence that divides the United States and Mexico when Swartz shot him from Nogales, Arizona, on Oct. 10, 2012. An autopsy showed Elena Rodriguez was shot about 10 times.

Read more: http://www.mysanantonio.com/news/texas/article/Agent-who-shot-into-Mexico-killed-teen-wants-6287025.php

[Spitfire of ATJ]

1. We could lob rockets over there using the same argument.

[Renew Deal]

2. That's fine. Hand the agent over to Mexico.

[cstanleytech]

5. This is not a criminal case its about a lawsuit filed by the ACLU. nt

[Xipe Totec]

8. In Mexico, it will be a criminal case. nt

[cstanleytech]

10. Perhaps, for civil cases though which is the topic atm I dont believe you can extradite.

[bl968]

3. Give him a choice

Let the courts settle it over here, or be sent to Mexico to let the Mexican judicial system handle it. You shouldn't be able to escape justice on a technicality...

[kristopher]

4. Escape justice??

Poor person (esp of color) + justice = &^$$%":>{"O((%%##&*

Sorry, that does not compute.

[A Simple Game]

6. Shot about 10 times! Sounds like a steroid rage to me.

No problem Border Patrol, and don't let it bother you when people, maybe Rodriguez's relatives, on the Mexican side decide to start shooting Border Patrol agents for the fun of it.

This Swartz guy should at least be fired for being too stupid to back up so the rocks couldn't hit him.

We don't have extradition treaties with Mexico? I think we could make this murderer want to be tried in the US.

[frylock]

7. chinga la migra

[groundloop]

9. Murdered a teenager for throwing rocks..... that asshole needs to spend many years in prison

I get that this particular case is a civil suit, this guy flat out needs to be on trial for murder. Beyond that, anyone who legally carries a deadly weapon should have enough sense to avoid a conflict if at all possible. It's pretty damned obvious he was overcome with a giant case of macho and decided to show those kids who was boss, totally inexcusable. As has been mentioned a strategic retreat of a couple of dozen yards would have solved the problem (but these morons macho complex wouldn't allow that). It's no wonder people learn to hate the US when bastards like this are allowed to get away with murdering children.

[cstanleytech]

11. A rock can be as deadly as any other weapon.

That aside I do believe that they grossly used excessive force and its appalling that the US courts dont seem interested in seeking justice.