Documents filed by prosecutors last week also reveal that Border Patrol Supervisor Leo Cruz-Mendez said he was surprised to see agent Lonnie Swartz at the fence on the night of the shooting in 2012. Swartz had been assigned to work at a nearby port of entry.
A federal judge has scheduled an August hearing to determine whether statements made by a Border Patrol agent can be used in his trial for the fatal 2012 cross-border shooting of a Mexican teenager.
For the first time, court documents have made public the details of what occurred after Elena Rodriguez was shot.
Cruz-Mendez told the grand jury that he told Swartz everything was OK after the shooting, but the agent began to vomit.
More From This Section
According to the documents, Swartz said people were throwing rocks from the other side of the fence and hit a police dog.
"I shot and there's someone dead in Mexico," he continued, and produced and empty ammunition magazine from his pocket, according to court records.
It's not unusual for Border Patrol agents to move from where they are assigned in response to an incident, according to Shawn Moran, spokesman for the national Border Patrol union.
The Nogales port of entry is only blocks from where Elena Rodriguez was killed.
U.S. District Court Judge Raner C. Collins has scheduled an Aug. 23 hearing on the admissibility of Swartz's initial statements and his responses to further questions from Cruz-Mendez.
Swartz's attorneys say the agent was compelled to answer them to avoid disciplinary sanctions, including the possibility of being fired.
The trial has been delayed for the fourth time at the request of Swartz's lawyer Sean Chapman. It is now scheduled to start in February, nearly 4 and a half years after the shooting.
Elena Rodriguez' family declined to comment through their lawyer after the case's most recent hearing.