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An Arizona federal appeals court ruled today that the mother of the 16-year-old who was shot and killed by a border patrol agent has the right to file a lawsuit. The agent tried to have the case dismissed, but the court opinion says “the agent was not entitled to qualified immunity.”
“It is inconceivable that any reasonable officer could have thought that he or she could kill [Jose Antonio Elena Rodríguez] for no reason,” the court opinion says.
According to court documents:
Shortly before midnight on October 10, 2012, defendant Lonnie Swartz was on duty as a U.S. Border Patrol agent on the American side of our border with Mexico. J.A., a 16-year-old boy, was peacefully walking down the Calle Internacional, a street in Nogales, Mexico, that runs parallel to the border. Without warning or provocation, Swartz shot J.A. dead. Swartz fired somewhere between 14 and 30 bullets across the border at J.A., and he hit the boy, mostly in the back, with about 10 bullets. J.A. was not committing a crime. He did not throw rocks or engage in any violence or threatening behavior against anyone or anything. And he did not otherwise pose a threat to Swartz or anyone else. He was just walking down a street in Mexico.The court finds that Jose had a Fourth Amendment right “to be free from the unreasonable use of deadly force by an American agent acting on American soil, even though the agent’s bullets hit him in Mexico.” They also found that his mother, Araceli Rodríguez, has a right to seek money damages.
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"Casa Kokopelli was cited by the Arizona Department of Health Services in 2017 for failing to complete background checks, including fingerprinting, to ensure that employees hadn't previously committed sex offenses and other crimes, records show."
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Gun-regulation advocates are re-invigorating the gun violence discussion with a call to hold people responsible for firearm related deaths that came out of negligence.
#URResponsable is being held on the six-year anniversary of the death of 27-year-old Genna Ayup, who was shot by her boyfriend. He said he was putting a rubber grip on the gun and accidentally shot her. Although there were reports that he had been drinking before the tragedy, he was never prosecuted.
Councilmember Steve Kozachik, who’s hosting the event, says we need to find a new way to deal with gun negligence.
“We can no longer allow people a pass,” he said. “If you’re handling a gun in a negative manner in this community, it can’t just be ‘oops.’”
A number of groups will be at the event, discussing gun safety and responsibility, including Moms Demand Action, Everytown for Gun Safety, Emerge! Center Against Domestic Abuse, the Pima County Attorney’s Office, Gun Violence Prevention Arizona, Tucson Now chapter of the National Organization for Women, and Homicide Survivors, Inc.
The event is on Tuesday, June 26, from 6:30 to 8 p.m., at St. Mark’s Presbyterian Church, 3809 E. Third St.
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