PHOENIX - The Latest on a Border Patrol agent accused in the cross-border killing of a rock-throwing teen. (all times local):

10:45 a.m.

An attorney for the family of a rock-throwing teen who was killed in a cross-border shooting says a Border Patrol agent will be retried after a mistrial.

Lawyer Luis Parra said Friday he was in the federal courtroom in Tucson when prosecutors announced they will retry agent Lonnie Swartz for manslaughter.

A jury last month acquitted Swartz of second-degree murder in the 2012 shooting of Jose Antonio Elena Rodriguez and deadlocked on lesser charges of manslaughter.

The new trial will begin on Oct. 23 and is expected to take two months.

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9 a.m.

Activists are arriving for a rally outside the U.S. District Court in Tucson, anticipating a possible decision on whether a U.S. Border Patrol agent will be retried after the second-degree murder case against him in a fatal cross-border shooting ended in mistrial.

Marla Pacheco, of a Tucson human rights coalition, said Friday that more than 20 activists had arrived for the demonstration outside the federal courthouse before a status conference hearing in the case against agent Lonnie Swartz. The activists hope for a retrial in the shooting of 16-year-old Jose Antonio Elena Rodriguez in Nogales, Mexico.

A mistrial was declared last month after jurors acquitted Swartz of second-degree murder in the 2012 shooting. They deadlocked on two lesser charges of voluntary and involuntary manslaughter.

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2 a.m.

Activists have called for a rally outside the Tucson federal courthouse, anticipating a possible final decision on whether a U.S. Border Patrol agent will be retried after the second-degree murder case against him in a cross-border shooting ended in mistrial.

Marla Pacheco, of a Tucson human rights coalition, says activists will gather Friday morning outside the U.S. court before a status conference hearing in the case against agent Lonnie Swartz, demanding a retrial in the shooting of 16-year-old Jose Antonio Elena Rodriguez in Nogales, Mexico.

A mistrial was declared last month after deadlocked jurors acquitted Swartz of second-degree murder in the 2012 shooting.

Prosecutors have since been mulling whether to pursue a retrial on manslaughter charges in the first prosecution of a Border Patrol agent in a fatal cross-border shooting.

News from © The Associated Press, 2018