Judges refuses to oust prosecutors from border shooting case

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Memorial for 16-year-old Jose Antonio Elena Rodriguez Memorial for 16-year-old Jose Antonio Elena Rodriguez

A federal judge is refusing to order the U.S. Attorney's Office for Arizona to step aside from prosecuting a Border Patrol agent charged with second-degree murder in the cross-border shooting of a Mexican teen in Nogales, Sonora.

[RELATED: Vigil calls for justice in cross-border shooting]

U.S. District Raner C. Collins's order says he's troubled by the prosecution's delay in furnishing pathology documents to Lonnie Ray Swartz's defense but says it's not a violation that requires ousting the prosecutors from the case as the defense requested.

Swartz is accused of firing through the border fence from Nogales, Arizona, into Nogales, Sonora, Mexico, and hitting 16-year-old Jose Antonio Elena Rodriguez about 10 times.

[READ MORE: New details emerge in fatal border shooting of Mexican teen]

Swartz said Elena Rodriguez threw rocks at him, endangering his life. The boy's family has denied that, saying he was walking home after playing basketball with friends.

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