A terrorist attack at a luxury hotel and office complex in the Westlands area of Nairobi, Kenya has left 21 civilians dead and dozens more wounded or missing. Five attackers were also killed during the siege that began around 3pm on Tuesday, January 15th and ended just before 10am the next day. More than 700 people were safely evacuated during the attack. In a statement, the Somalia-based Al-Shabab group claimed the assault was retaliation for President Trump’s decision to recognize Jerusalem as the capital of Israel. The attack began at a bank inside the compound after a car bomb explosion ripped through three vehicles in the parking lot, followed by a blast from a suicide bomber in the lobby of the seven-story Dusit Hotel. The explosion triggered vehicles parked nearby to burst into flames. After the blast the remaining terrorists opened fire on guards, forcing them to open the gates of the complex at 14 Riverside Drive.
Kenyan authorities believe there were four to six attackers armed with guns and grenades. Security camera footage released to local media outlets showed at least four armed men inside the complex as well as footage of the suicide bomber who calmly walked into the lobby and self-detonated a suicide vest. The coordinated attack lead to a standoff that continued through the night, with people trapped in various parts of the buildings hours later. The Recce company, the anti-terrorism unit of the Kenya Police, were sent in to combat the militants. A member of the British SAS and an unspecified number of United States Navy SEALs, who were in the country to conduct training, also took part in the response. Australian embassy security detail also exchanged fire with the terrorists as they made their way into the complex.
According to Inspector General of Police Joseph Boinett, sixteen Kenyans, one Briton, one American and three unidentified people of African origin are among the dead and twenty-eight others have been hospitalized. Among the dead was U.S. businessman Jason Spindler, who in 2001 survived the September 11 attacks on the World Trade Center. He was co-founder and managing director of I-DEV International, a firm advising on business strategy for emerging markets. A British man is also among the dead and was later identified by the development organization Gatsby Africa as Luke Potter, head of its forestry and tea portfolio.
A few of the victims identified in the attack were: James Oduor, who worked at one of the offices inside the complex. Oduor was trapped inside the complex in the hours after the initial blasts and sent out a tweet at 2:05am that read “Waaah. What’s happening at 14 Riverside fam? Any news from out there?” Another victim, Bernadette Konjalo, worked at the Dusit Hotel, and was shot as she ran away from an armed attacker after helping hotel guests find safety. Also killed were Kenyan development consultants Feisal Ahmed, 31, and Abdalla Dahir, 33, who worked for Adam Smith International (ASI). Described as “inseparable buddies’ by friends, the two were killed as they were having lunch at the Secret Garden restaurant in the grounds of the hotel when the suicide bomber struck. Mr Ahmed’s widow is reportedly seven months pregnant.
After the attack, the militant group Al-Shabab, said “In a response to the witless remarks of US President Donald Trump and his declaration of Jerusalem as the capital of Israel,” the group targeted “Western and Zionist interests worldwide … in support of our Muslim families in Palestine.” In 2013, Al-Shabaab militants targeted the luxury shopping center of Westgate, which is 2 miles away from the site of Tuesday’s attack, killing 67 people in a siege that lasted several days. The group also killed nearly 150 people, most of them students, in an attack on Garissa University College in Kenya in April 2015.
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According to witness testimony during the trial of accused Mexican drug lord Joaquin “El Chapo” Guzman, former Mexican President Enrique Peña Nieto once accepted a $100 million bribe from drug traffickers. Alex Cifuentes, who has described himself as Guzman’s onetime right-hand man, discussed the alleged bribe under cross-examination by one of Guzman’s lawyers in Brooklyn federal court. Peña Nieto has not responded to the claim but has previously denied charges of corruption.
Cifuentes testified that he had told U.S. prosecutors Pena Nieto reached out to Guzman first, asking for $250 million, before settling on $100 million. Cifuentes told the prosecutors that the bribe was paid in October 2012, when Pena Nieto was president-elect. Pena Nieto was president of Mexico from December 2012 until November 2018 and previously served as governor of the State of Mexico. Cifuentes also testified that Guzman once told him that he had received a message from Pena Nieto saying that he did not have to live in hiding anymore.
Guzman, 61, has been on trial since November after he was extradited to the United States in 2017 to face charges of trafficking cocaine, heroin and other drugs into the country as leader of the Sinaloa Cartel. El Chapo had eluded capture for years, in part by widespread corruption along with elaborate means of escape from authorities. He once narrowly escaped a raid at a safe house through a staircase that led to underground tunnels which was hidden under a bathtub. He was captured by Pena Nieto’s government in February 2014 but broke out of prison for a second time 17 months later, escaping through a mile-long tunnel dug right into in his cell. The jailbreak humiliated the government and damaged the president’s already questionable credibility. Pena Nieto personally announced news of the kingpin’s third capture when he was again arrested in northwestern Mexico in January 2016.
Cifuentes is one of many witnesses who have testified against Guzman so far after striking deals with U.S. prosecutors, in a trial that has opened a window into the secretive world of the Sinaloa Cartel, one of the world’s most powerful drug trafficking organization. Many witnesses at the trial have also made accusations of high-level corruption. Much of the evidence against Guzman has come from the prosecution’s star witness, Jesús Zambada. Zambada testified that the Sinaloa cartel allegedly paid off a host of top Mexican officials to ensure their drug business ran smoothly. He testified that in 1994, traffickers paid $50 million in protection money to former Mexican Secretary of Public Security García Luna, so that corrupt officers would be appointed to head police operations. Zambada said that when former Mexico City Mayor Gabriel Regino was in line to become the next secretary of security, that the the cartel bribed him as well. Both Garcia Luna and Gabriel Regina deny the accusations. Zambada has also testified that paid a multimillion dollar bribe to an aide of current Mexican President Andres Manuel Lopez Obrador in 2005.
Edgar Galvan testified in that trusted hitman Antonio “Jaguar” Marrufo had a sound-proofed “murder room” in his mansion on the US border, which featured white tiles with a drain on the floor to more easily clean up after slayings. Galvan’s role in the organization was to smuggle weapons into the US, so that Marrufo could use them to “clear” the region of rivals. At the time, Galvan was living in El Paso, Texas, while Marrufo was living in Ciudad Juarez, just across the US-Mexico border. Both men are now in jail on firearms and gun charges.
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Two arrests have been made in the killing of 7 year old Jazmine Barnes in Houston, TX. Eric Black Jr., 20, and Larry Woodruffe, 24, have both been charged with capital murder. Police say the shooting was a case of mistaken identity after both men mistook the family’s car for that of someone they had gotten into an argument with at a club the night before. Police say Black was the driver and Woodruffe fired the shots.
On the morning of December 30th 2018, the shooting occurred around 6:50am as LaPorsha Washington, was pulling out of a Wal-Mart parking lot in Cloverleaf, Texas onto a highway road when someone shot into their vehicle. Jazmine was riding in a car with her mother and three sisters when she was shot in the head. Washington was shot in the arm, the youngest was injured by shattered glass and the other two girls were physically unharmed.
The shooting was originally feared to be a hate crime because Jazmine’s mother, LaPorsha Washington, identified the shooter as a white male in his 30’s or 40’s with piercing blue eyes who was driving a red pickup truck. Investigators distributed a sketch of the shooter based on Washington’s description and the killing was initially investigated as a possible hate crime. Harris County Sheriff Ed Gonzalez had said he was aware of these concerns and investigators looked into the possibility that race could have played a role. Gonzalez declined to state a specific motive for the shooting before any arrests were made.
Police say they apprehended Black after receiving a tip from journalist and civil rights activist Shaun King that sent the investigation in a new direction. The tip implicated two black men in the shooting. Prosecutors allege that Black told investigators he was driving the SUV from which an unidentified passenger fired the shots. Black implicated Woodruffe and he was arrested on an unrelated drug charge. Woodruffe denied involvement, but his phone records put him “in close proximity” to the scene of the shooting, according to court documents.
Harris County Sheriff Ed Gonzalez said there was, in fact, a red pickup truck driven by a white man seen at a stoplight just before the shooting, but the driver didn’t appear to have been involved. The sheriff said it was dark, the shooting happened quickly, and the red truck was probably the last thing seen by Jazmine’s family. He said authorities believe Jazmine’s family has been truthful during the investigation. Several other witnesses placed a red pickup truck at the scene during the shooting.
On Woodruffe’s now-deleted Instagram, a photo was posted after the deadly shooting of the co-defendants. In it, Woodruffe is showing off a fan of cash. Black is flashing gang signs. Texas Gov. Greg Abbott retweeted Houston Police Officers Union President Joe Gamaldi saying, “There are too many gangs in Houston. We must expand the Texas Anti-Gang Task Force in Houston to clean our streets of this trash and restore safety.”
“The family wants to thank all of those that helped capture the suspects, all police agencies and the general public whose tips lead to their capture,” said Dr. James Dixon II of Community of Faith Church.
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An arrest has been made in connection with the deadly shooting at a California bowling alley that left three people dead and four others wounded. Police say Reginald Wallace, 47, of Los Angeles was identified as the suspect within 30 hours of the shooting and was arrested and is being held without bail. Wallace is on parole after serving a 17-year sentence for assault with a deadly weapon which involved a firearm and was released in 2017. Felons are barred under state law from possessing firearms.
The shooting occurred just before midnight on Friday, January 4th at the Gable House Bowl in Torrance, about 20 miles south of Los Angeles. Police say two women began fighting, then more people joined in and finally 10 to 15 people, both men and women were brawling. It was then, police say, that Wallace shot into the crowd with a handgun and is believed to be the sole shooter in the incident. It is unclear whether Wallace knew anyone in the bowling alley, but he was part of the larger group that was already inside the bowling alley.
The three deceased victims who died at the scene were identified as Michael Radford; 20, Robert Meekins; 28 and his friend Astin Edwards, also 28. Meekins leaves behind a 5-year-old son. Police said two injured males were taken to a hospital and two other males sought medical attention on their own. Torrance Police Chief Eve Irvine said in a statement that there was complete chaos before Wallace started shooting. “It was complete chaos, people were running all over, there were fights still occurring and when he pulled out the handgun, the minute people started hearing shots, even more chaos erupted.”
Wes Hamad, a 29-year-old Torrance resident, said he was at the bowling alley with his 13-year-old niece and cousin when he saw a “huge fight” break out. Hamad said the brawl, which lasted about five minutes, blocked the entrance and spiraled into complete chaos. “I grabbed my niece and started running toward the far end of the bowling alley,” he said. “As we were running, we heard 15 shots.” As he was leaving, Hamad said he saw a woman weeping over a man who had gunshot wounds to his head and neck.
Damone Thomas was in the karaoke section of the bowling alley when people ran in screaming that there was a shooter. Thomas said his friend flipped a table to shield them as they heard gunshots. Thomas said he didn’t feel scared because he was “just trying to survive.” It wasn’t until later, Thomas said that he realized how traumatic the situation was. “Closing my eyes, all I can see is the women against the wall crying, not knowing what to do,” he said.
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A Tennessee woman who was convicted as a teenager for killing a man while she said she was a sex trafficking victim, was granted clemency. Cyntoia Brown, now 30, was granted a full commutation to parole by Governor Bill Haslam and will be eligible for release Aug. 7 after serving 15 years in prison. She will remain on parole for 10 years. Brown was tried as an adult and convicted of first-degree murder and aggravated robbery. In 2006, she was sentenced to life for the death of Johnny Mitchell Allen, who paid Brown for sex.
Her case gained national attention and awareness about the toll of human trafficking. At the time, Brown had run away from home and was living with her 24-year-old boyfriend, a pimp known as “Kut Throat,” who Brown said raped her and forced her into prostitution. According to Brown, on the night of August 6, 2004, Brown, then 16-years-old, met Johnny Mitchell Allen, a 43-year-old real estate broker and US Army veteran, in the parking lot of a Sonic Drive-In in Nashville. Brown agreed to have sex with Allen for $150. The two then ordered dinner and Allen drove them to his home.
At some point during the evening, Brown shot Allen in the back of the head with a .40-caliber handgun. Brown said she feared for her life and shot Allen, 43, while in bed with him because she believed he was reaching for a gun. She then stole $172 in cash, several firearms, and a vehicle, a Ford F150. She drove the stolen truck to InTowne Suites where she was living with her pimp.
During her trial, prosecutors argued the motive was robbery and say Allen was shot as he slept. Brown’s supporters and lawyer have argued her sentence was too extreme, given her age and circumstances. Nashville police detective Charles Robinson testified that she told investigators she shot Allen because she feared for her life. In a letter dated Dec. 12, 2017, Robinson urged Haslam not to grant clemency to Brown. “First and foremost, Cyntoia Brown did not commit this murder because she was a child sex slave as her advocates would like you to believe. Cyntoia Brown’s motive for murdering Johnny Allen in his sleep was robbery.” Among the evidence cited by Robinson, was how Allen’s “arms were folded underneath his head and his fingers were interlocked together,” which was inconsistent with Brown telling investigators he was reaching for a gun.
Haslam said in a statement that the decision comes after careful consideration of “what is a tragic and complex case. Cyntoia Brown committed, by her own admission, a horrific crime at the age of 16. Yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps Ms. Brown has taken to rebuild her life.”
While in prison, Brown has earned a GED and an associate degree in 2015 through the Lipscomb Initiative for Education Program with a 4.0 GPA, Haslam said. Brown said she is scheduled to earn her bachelor’s degree in May. Brown said she is committed to live the rest of her life helping others, especially young people. “My hope is to help other young girls avoid ending up where I have been,” she said.
Brown thanked the governor and her supporters in a statement released by her attorneys. “Thank you, Governor Haslam, for your act of mercy in giving me a second chance,” Brown said. “I will do everything I can to justify your faith in me.” Brown said she is grateful for the support, prayers, and encouragement she has received, including from Tennessee Department of Corrections officials.
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CBS announced it will withhold all of the $120 million severance package contained in the contract for Les Moonves, former chair and CEO of the media giant. Moonves resigned in September after The New Yorker published an article detailing a slew of previously unreported sexual assault and sexual harassment allegations. The decision follows an investigation by two law firms into the allegations against Moonves which culminated in a graphic report that concluded that the company had ample of reasons to fire the television executive for cause, subsequently paving the way for it to withhold the payout.
The investigation was conducted by law firms Debevoise & Plimpton and Covington & Burling . It determined that “harassment and retaliation are not pervasive at CBS.” Even so, the board claimed that the investigation uncovered past incidents of misconduct and “concluded that the Company’s historical policies, practices and structures have not reflected a high institutional priority on preventing harassment and retaliation.”
Among the investigations findings was that Moonves “destroyed evidence and misled investigators in an attempt to preserve his reputation and save a lucrative severance deal.” Investigators interviewed 17 women who had reported accusations of misconduct and cited them as credible sources. The report also included several previously undisclosed allegations of sexual misconduct. The report states that Mr. Moonves engaged in multiple acts of serious, nonconsensual sexual misconduct in and outside of the workplace both before and after he came to CBS in 1995.”
Investigators say Moonves’ also tried to keep a previously undisclosed claim of sexual assault quiet by an actress named Bobbie Phillips, and subsequently tried to find her employment with CBS projects after her manager approached him about the incident. Investigators say Moonves removed text messages with Dauer from an iPad in an attempt to keep hidden his efforts from the board’s inquiry. The report disclosed that Moonves had provided investigators with his son’s iPad, rather than his own.
Investigators found that Moonves received oral sex from at least four employees “under circumstances that sound transactional and improper to the extent that there was no hint of any relationship, romance, or reciprocity.” The report also claims that CBS management was aware of allegations against Moonves for years. Former board member Arnold Kopelson, who died in October, was informed as early as 2007 about an attack in which a woman said “Moonves had masturbated in front of her and tried to kiss her during a doctor’s visit in 1999.” There is no evidence Kopelson took any action to look into the allegations or inform other board members.
Moonves was forced to step down in September, following a New Yorker story in which a dozen women came forward claiming he had sexually harassed or assaulted them. Multiple women have accused Moonves of sexual misconduct. The story included allegations of women who accused him of forcing them to perform oral sex, exposing himself to them, and retaliating when they rejected him. Moonves has denied the accusations. Approximately $140 million was remaining in Moonves’ employment contract, but $20 million was designated for grants after he departed the television network in September due to sexual misconduct allegations. The $120 million left was then placed in a trust.
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James A. Fields Jr., the neo-Nazi who rammed his car into a group of counter-protesters at the Unite The Right rally on August 12, 2017, has been sentenced to life for first-degree murder; 70 years for each of five counts of aggravated malicious wounding; 20 years for each of three counts of malicious wounding; and nine years for leaving the scene of a fatal crash. The jurors were instructed that the sentences would be “presumed to be consecutive” unless they recommended that the terms be served simultaneously. Fields’s overall sentence: life plus 419 years and $480,000 in fines.
The jury of seven women and five men convicted Fields of the 10 offenses in a Charlottesville Circuit Court. In Virginia, trial juries determine what penalties should be handed out within sentencing ranges dictated by law. Judge Richard E. Moore, who said he will formally sentence Fields on March 29th, can impose a lesser punishment than the jurors called for but is not allowed to increase the sentences.
During the trial, Fields psychiatric disorders dating to early childhood were detailed in court by a mental-health expert. Psychologist Daniel Murrie testified that Fields was diagnosed with bipolar disorder at the age of 6 and has been prone to angry, sometimes violent outbursts since before he could walk and was “expelled from preschool” because of his volatile behavior. As an adolescent, he was found to have schizoid personality disorder and was housed in psychiatric facilities for three stretches before his 15th birthday.
Murrie testified that Fields did not meet Virginia’s legal definition for not guilty by reason of insanity. To be acquitted on the basis of insanity, a defendant must show that he did not understand the difference between right and wrong at the time of the offense or was mentally unable to control his actions. Fields did not deny that he intentionally accelerated his Dodge Challenger into a group of counter-protesters, killing Heather Heyer and injuring 19 others. His lawyers contended that he was afraid for his safety and acted to protect himself but jurors rejected that argument and issued 10 guilty verdicts.
Several of the injured victims, testified at Fields’s trial and sentencing hearing, described lasting physical wounds, psychological anguish and dire financial distress. They described their injuries including shattered bones and debilitating nerve damage that they may never fully recover from. They spoke of nightmares, social isolation caused by post-traumatic stress disorder and crushing medical bills from surgeries that have depleted their insurance and could burden them far into the future.
Fields faces a separate federal trial for alleged hate crimes related to the incident, including one offense that carries a possible death sentence. No trial date has been set and the Justice Department has not said whether it will seek capital punishment.
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In France, the “yellow vest” protests continued for a fourth consecutive week with an estimated 130,000 people taking to the streets across the country. Protesters and police clashed again in the capital and other cities with police firing rubber bullets, water cannons and tear gas at crowds, and some protesters smashing windows and setting vehicles on fire resulting in over 1,700 arrests.
Civil unrest began on November 17th and have continued over the four weeks with little signs of slowing. The protesters were dubbed “Les gilets jaunes” (the yellow vests) after the high-visibility jackets they adopted as a symbol of their complaint, blocked roundabouts, burned effigies and clashed with the police. They were objecting the almost 20 percent increase in the price of diesel since the start of the year, as well as the planned fuel tax hike President Emmanuel Macron had recently announced. The demands have also expanded, with even students taking part, calling for changes to the French high school examinations and university entrance procedures.
The intensity of the protests forced the government to halt the plans for the fuel tax hike but demonstrators are calling for additional economic reforms, and many for the resignation of President Emmanuel Macron. While Macron said the tax was necessary to “protect the environment” and “combat climate change”, protesters claimed the decision was yet another sign that the “privileged” president is out of touch with regular folk struggling to make ends meet.
In Paris, major attractions, including the Louvre and the Eiffel Tower, are closed in anticipation of the demonstrations. After images of police using tear gas and tanks against protesters in Paris hit newspapers worldwide, President Emmanuel Macron delivered a national address announcing he would raise the minimum wage and cancel a tax increase on low-income retirees. In his address to the nation, Macron said the violent protests — which have morphed from a grassroots movement against fuel tax hikes into disparate demonstrations against his presidency — have been “unacceptable” and “will not be in any way indulged.”
He proposed some social reforms, including an increase in the minimum wage by 100 euros ($113) a month beginning in January that will not cost employers extra and a promise that overtime hours will not be taxed. Macron also remained defiant and said he would not reinstate the wealth tax but would fight tax fraud. The reforms are expected to cost the government between $8.1 billion and $10.1 billion, according to Olivier Dussopt, France’s secretary of state to the Ministry of Public Action and Accounts.
While Macron’s announcement has appeased some demonstrators, some 77,000 people still turned out across the country, including 10,000 in Paris. On December 8, many Paris tourist hot spots and stores were shuttered in anticipation of violent protests after the previous week’s demonstrations resulted in the worst riots to hit the French capital in decades. By the end of the week, 1,723 people had been taken in for questioning and 1,220 into custody, according to the Interior Ministry. Across the country, 135 people were reported injured.
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French Police have shot and killed 29-year-old Chérif Chekatt, the suspected gunman of the attack at an outdoor Christmas market in the northeast city of Strasbourg which killed five people and injured 11 others. French authorities say Chekatt had multiple criminal convictions and was on a security services watchlist as a suspected Islamist extremist. Chekatt was reportedly scheduled to be arrested for an armed robbery and attempted murder charge on the day of the shooting.
He was known to security services for a total of 27 convictions in France, Germany, and Switzerland, with 67 recorded crimes in France alone. French police considered him a “gangster-jihadist”, a term referring to people convicted of various crimes and “radicalized” in prison. Chekatt was released from prison in France in 2015, then received a prison sentence for theft in Singen, Germany and was expelled to France after his release in 2017.
On December 11th, just before 8pm, Chekatt allegedly entered the outdoor market area and opened fire in three different areas. The shooting lasted ten minutes and was heard shouting “Allahu akbar” as he fired into the crowd. He also attacked people with a knife before exchanging fire with soldiers of Opération Sentinelle and with the National Police. Despite being shot in the arm during the shootout with authorities, he escaped the area in a taxi cab. The cab driver was unharmed and reported having taken an armed and wounded man from the area to police immediately.
France issued the highest level of security alert and two days later Chekatt was killed in a shootout with French police after a manhunt involving 700 officers. An investigation was initiated after the attack and four people close to Chekatt were detained for questioning after the shooting. Those detained were his father, his mother, and two of his brothers. A fifth person was taken into custody and a search warrant was issued in Algeria for a “very radicalized” third brother. Paris prosecutor Remy Heitz, who handles terror cases throughout France, told a news conference that a total of seven people were in police custody. His parents and two of his brothers were later released “due to the lack of incriminating evidence at this stage” according to the prosecutor’s office.
Two victims of the shooting died at the scene and the three others later died in the hospital. Four of the 11 people injured are in critical condition. Anupong Suebsamarn, 45, a tourist from Thailand was shot multiple times and died at the scene. He was on holiday with his wife, who was also shot but survived. Strasbourg mayor Roland Ries told French TV that a local resident who has only been identified as a 61-year-old retired bank employee had also been killed. Kamal Naghchband, a 45 year old mechanic and father of three was shot in the head while walking with his family. He fell into a coma and died two days later. Antonio Megalizzi, a 29-year-old Italian journalist covering the European Parliament plenary session was critically injured and died of his wounds three days later. Barto Pedro Orent-Niedzielski, a 36-year-old Polish-born man was also critically injured in the attack and his death was announced three days later. Orent-Niedzielski and his Italian friend Antonio Megalizzi, who were at the market together, were severely injured when they tried to stop Chekatt from entering a bar during the assault.
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An Arizona jury has found Border Patrol agent Lonnie Swartz not guilty of involuntary manslaughter for shooting and killing 16-year-old José Elena Rodríguez through the U.S.-Mexico border fence in 2012. The jury hung on whether to bring a charge of voluntary manslaughter, leaving it unclear whether prosecutors would seek to try Swartz a third time. A previous jury acquitted Swartz on murder charges but deadlocked on lesser manslaughter charges.
Authorities claimed José Elena Rodríguez was throwing rocks at agents over the border fence before Swartz opened fire. Medical examiners say José was shot 11 times with all but one of the bullets striking from behind, leading them to conclude the teen was shot in the back as he lay on the ground. An autopsy revealed that gunshot wounds to the head, lungs, and arteries killed him.
The incident occurred around 11:30 p.m. on Wednesday 10 October, 2012. Nogales police received a call reporting “suspicious activity” on International Street, a road running directly along the border. Officers on scene were investigating a report that two men carrying “bundles taped to their backs” had climbed the fence into the United States. Identifying the bundles, on the basis of similar incidents in the past, as most probably containing marijuana, they called for back-up. After several Border Patrol and Customs agents arrived, they saw the two men scaling the fence back into Mexico, empty-handed and with nothing on their backs. They commanded the two men to climb back down. Officers reported seeing “rocks flying through the air” at the agents and also heard “gunfire,” although they were unable to identify its source.
After verbal commands from agents to cease throwing rocks were ignored, Border Patrol agent Lonnie Swartz then discharged his service weapon. Swartz fired 16 rounds, hitting Rodríguez 11 times. Rodríguez was unarmed, standing on the Mexican side of the border on a sidewalk on Calle International street, in front of a doctor’s office. U.S. Border Patrol agent Lonnie Ray Swartz was charged with second degree murder for the killing. Border Patrol agents are rarely criminally charged for using force but the killing sparked outrage on both sides of the border and came as the agency was increasingly scrutinized for its use of force.
Prosecutors said Swartz was frustrated over repeated encounters with people on the Mexico side of the border fence who throw rocks at agents to distract them from smugglers. They say he lost his cool when he fatally shot Rodriguez. Prosecutors acknowledge that the teen was throwing rocks at the agents but that wasn’t justification for taking his life. A spokeswoman for the U.S. attorney’s office said prosecutors haven’t decided whether to try Swartz again on the voluntary manslaughter charge.
Swartz still faces a civil rights lawsuit from the American Civil Liberties Union on behalf of the teen’s mother. Attorneys for Rodriguez’s mother filed the suit in federal district court in Tucson, seeking civil damages against the agents involved in what their lawsuit terms the “senseless and unjustified” death. The suit alleges that in shooting and killing the teenager, agents “used unreasonable and excessive force” in violation of Jose Antonio’s Fourth and Fifth Amendment rights and that their actions were not legally justifiable or necessary. The suit doesn’t specify an amount sought in damages.
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