Las Vegas police have identified the woman accused of killing a nail salon owner after failing to pay for a $35 manicure. Police say they are looking for 21-year-old Krystal Whipple in the death of 53-year-old “Annie” Nhu Nguyen. Police say Whipple stopped by the salon, Crystal Nails & Spa to get a manicure around 3:45 p.m. on Dec 29th. She allegedly attempted to pay with a fraudulent credit card. When the credit card payment was declined, she allegedly said she would get cash from her black 2017 Chevrolet Camaro, but instead started to drive away.
When Nguyen noticed her pulling out of the parking lot, she rushed outside with husband Sonny Chung to try to stop her. Nguyen ran in front of the vehicle and Whipple accelerated and hit Nguyen. Nguyen was thrown under the car and dragged 50 feet as Whipple drove off. Nguyen died of multiple blunt force injuries and her death was ruled a homicide by the Clark County coroner’s office. Chung, who witnessed his wife’s horrific death, said he tried his best to stop Whipple from getting away by holding onto the back of the car. Police said the car, a rental that had been stolen last month, was found abandoned at a nearby apartment complex.
Nguyen left behind three daughters aged 20, 25 and 28 and two grandchildren aged four and six. She was a Vietnamese refugee who came to America and raised her three daughters as a single mother. She traveled the country before landing in Las Vegas two years ago, family members said. She and her husband Sonny loved their business. They were open 12 hours per day, seven days per week.
Las Vegas police released storefront security video footage of the incident along with a plea for information on the whereabouts of the suspect, Krystal Whipple. Officer Larry Hadfield said “We are asking the public’s help if they have knowledge of where this person is to contact the homicide section. Investigators have worked around the clock with no time off because they were determined to make Whipple “answer for this horrible crime.” A previous booking photo of Whipple, dated April 2018, was provided in a press release from LVMPD.
Whipple was convicted in 2017 in Las Vegas of attempted possession of a stolen vehicle, according to Clark County District Court records. She was sentenced to four months in jail last year for violating probation in that case.
If you have knowledge of Whipple’s whereabouts or any information about the case, please call the Las Vegas Metro Police Department Homicide Section at 702-828-3521 or send an email to homicide@lvmpd.com.
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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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The actor Kevin Spacey has been charged with felony sexual assault for allegedly sexually assaulting a teenager in a bar in Massachusetts in 2016. A public show-cause hearing was held for the case Dec. 20 where Clerk Magistrate Ryan Kearney issued a criminal complaint for the charge against Kevin S. Fowler, also known as Kevin Spacey. Spacey is due in court on January 7 to face the felony charge that could bring him up to five years in prison. Spacey has denied the charges.
The alleged assault on a male victim took place at a Nantucket bar in July 2016. Last year, former Boston TV news anchor Heather Unruh held a press conference to share her son’s allegation of sexual assault against Spacey. She stated that her then 18-year-old son said was sexually assaulted by Spacey inside the Club Car Restaurant on Nantucket. Unruh says her son was not of legal drinking age but had told Spacey he was and that the actor bought him drink after drink after drink. “My son was a starstruck, straight 18-year-old young man who had no idea that the famous actor was an alleged sexual predator or that he was about to become his next victim,” she said at the time. “When my son was drunk, Spacey made his move and sexually assaulted him.”
The Nantucket Police Department began its criminal investigation in November 2017, said Massachusetts attorney Mitchell Garabedian, the attorney for the alleged victim. The department has since transferred the case to the district attorney’s office. Garabedian said in a statement, “The complainant has shown a tremendous amount of courage in coming forward. Let the facts be presented, the relevant law applied and a just and fair verdict rendered.” Multiple men have come forward with accusations of sexual assault and harassment against Spacey since October 2017, which prompted Netflix to abruptly cut ties with and drop the actor from its hit political drama House of Cards. Spacey is still under investigation in Los Angeles and in England for other alleged sexual assaults.
Soon after the charges were filed against Spacey, the actor posted a bizarre video to his Twitter account where he portrays his House of Cards character Frank Underwood. The actor addresses his House of Cards fate while also saying that he knows his fans want him back. “I know what you want,” Spacey begins in Frank’s accent. “Oh sure, they may have tried to separate us, but what we have is too strong, too powerful. After all, we shared everything, you and I. I told you my deepest, darkest secrets. I showed you exactly what people are capable of. I shocked you with my honestly, but mostly I challenged you and made you think. And you trusted me, even though you knew you shouldn’t. So we’re not done, no matter what anyone says. And besides, I know what you want. You want me back.”
“Of course, some believed everything and have been just waiting with bated breath to hear me confess it all. They’re just dying to have me declare that everything said is true and that I got what I deserved. Only you and I both know it’s never that simple, not in politics and not in life,” he says. “All this presumption made for such an unsatisfying ending, and to think it could have been such a memorable sendoff.” He goes on to say that in both life and in art, nothing should be off the table: “I can promise you this. If I didn’t pay the price for the things we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.” Spacey ended the 3 minute video by directly calling out his death on House of Cards. The actor puts on Frank’s signature ring before walking off. “My confidence grows each day that soon enough, you will know the full truth,” he says. “Wait a minute, now that I think of it, you never actually saw me die, did you? Conclusions can be so deceiving.”
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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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Actor and comedian Kevin Hart has stepped down from plans to host the upcoming Academy Awards ceremony, following public outcry over his past homophobic tweets and comedy routines. The Academy named Hart host of the Oscars and less than 24 hours later, Hart was discovered to be rapidly deleting his past anti-gay social media posts amid a growing uproar. Hart initially refused to apologize over the comments, before offering his resignation from the Oscars ceremony with an apology.
Soon after Hart announced he would be hosting the Academy Awards, the actor began to delete a series of old tweets after twitter users began retweeting his past homophobic comments. One Twitter user wrote, alongside screenshots of Kevin’s past tweets, “I wonder when Kevin Hart is gonna start deleting all his old tweets.” One of the controversial tweets from 2011 read: “Yo if my son comes home & try’s 2 play with my daughters doll house I’m going 2 break it over his head & say n my voice ‘stop that’s gay’.” Hart made a similar comment about wanting his son to be heterosexual in a stand-up special in 2010.
Another Twitter sleuth went to the great lengths of searching every time Kevin used the words “Fag,” “homo” or “gay.” They realized the comedian “seems to have basically stopped tweeting those words after 2011 — i.e. the year his first stand-up movie became a hit.” While Hart has adamantly denied being homophobic, prior statements about his feelings seem conflicting to some. In a 2015 profile for Rolling Stone, he once said one of his “biggest fears is my son growing up and being gay.” “Keep in mind, I’m not homophobic… Be happy. Do what you want to do. But me, as a heterosexual male, if I can prevent my son from being gay, I will,” he previously explained.
After the initial backlash, Hart shared an Instagram video where he said, “Stop looking for reasons to be negative…stop searching for reasons to be angry…I swear I wish you guys could see/feel/understand the mental place that I am in. I am truly happy people… there is nothing that you can do to change that….NOTHING. I work hard on a daily basis to spread positivity to all…with that being said. If you want to search my history or past and anger yourselves with what u find that is fine with me. I ‘m almost 40 years old and I’m in love with the man that I am becoming,” he continued. “You LIVE and YOU LEARN & YOU GROW & YOU MATURE. I live to Love…. Please take your negative energy and put it into something constructive. Please…What’s understood should never have to be said. I LOVE EVERYBODY..ONCE AGAIN EVERYBODY. If you choose to not believe me then that’s on you…Have a beautiful day.”
The actor and comedian later announced that he’s dropping out of his scheduled hosting gig at the Oscars rather than issue a formal apology for the series of homophobic, years-old tweets. “So I just got a call from the Academy, and that call basically said, ‘Kevin, apologize for your tweets of old, or we’re going to have to move on and find another host,’ talking about the tweets from 2009, 2010,” Hart said in a video he posted to Instagram on Thursday night, in which he appeared to be referencing tweets in which he used homophobic slurs. “I chose to pass. I passed on the apology. The reason I passed is because I’ve addressed this several times.”
After the Instagram confession, Hart eventually issued an apology on Twitter stating that he’s sorry for hurting anyone and that he’s “evolving.” He then said, “I sincerely apologize to the LGBTQ community for my insensitive words from my past.”
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Four Missouri police officers have been indicted by a federal grand jury in connection with the assault of a fellow officer who was working undercover. Officers Dustin Boone, Randy Hays and Christopher Myers with St. Louis Metropolitan Police Department are accused of beating the undercover officer with a riot baton and tampering with witnesses to cover up the incident, according to the Department of Justice. Myers was also charged with destroying evidence. Officer Bailey Colletta was indicted on a charge of providing false statements to a federal grand jury in connection with the incident.
The indictment charges officers Dustin Boone, 35, Bailey Colletta, 25, Randy Hays, 31, and Christopher Myers, 27, with various felonies, including deprivation of constitutional rights, conspiracy to obstruct justice, destruction of evidence, and obstruction of justice. One of the charges carries a maximum sentence of 10 years in prison. The other three carry a maximum of 20 years. All four counts have a maximum of $250,000 in fines. All four officers have been placed on administrative leave without pay.
In September 2017, the officers were assigned to a Civil Disobedience Team, which conducts crowd control, in anticipation of a protest against the acquittal of Officer Jason Stockley in the shooting death of Anthony Lamar Smith. Protests broke out in St. Louis and a 22-year veteran of the St. Louis Police Department — referred to in the indictment as L.H. — was in the crowd working undercover as a protester to document crimes among the demonstrators so law enforcement could make arrests, according to the indictment.
The indictment claims the three officers believed Hall was a protester and assaulted him “while he was compliant and not posing a physical threat to anyone.” The indictment alleges that Boone, Hays and Myers threw Luther Hall to the ground without probable cause and began to kick him and strike him with a riot baton. Once Myers, Boone and Hays learned that Hall was a police officer, the indictment says, they made false statements justifying the assault, contacted Hall to dissuade him from taking legal action and contacted witnesses to try to influence their testimony. Myers also destroyed Hall’s cellphone “with the intent to impede, obstruct, and influence the investigation,” according to the indictment.
The indictment also details text messages between Myers, Boone and Hays prior to the incident. “We really need these f**kers to start acting up so we can have some fun,” Boone texted, after they determined they were going to be on the same team. “A lot of cops getting hurt, but it’s still a blast beating people that deserve it,” said another text from Boone. He also remarked that he would be working with a black officer and referred to him as “a thug that’s on our side.” Hayes also texted Boone “Remember we are in south city. They support us but also cameras. So make sure you have an old white dude as a witness.”
According to the indictment, Officer Colletta — who was in a romantic relationship at the time with Hays, was on the team that night and offered inconsistent explanations as to why they arrested L.H. Initially, Colletta said she had never come into contact with Hall that night. Then, she claimed that she witnessed the arrest and saw Hall taken to the ground “very gently.” Colletta also said the group had “veered off” to arrest Hall, according to the indictment. The next day, she said she learned from her sergeant that they had stopped Hall because he fit the description of a radio dispatch yet in a later statement, she claimed she didn’t recall anyone saying that.
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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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