Until moments before U.S. Border Patrol agents shot him dead on the night of October 10, 2012, Jose Antonio Elena Rodriguez had passed a pleasant evening in his hometown of Nogales, Mexico. He had visited his girlfriend, Luz, and watched television with her family; at around eleven o’clock, he asked Luz if she wanted to join him in his nightly routine of grabbing a hot dog at the convenience store where his brother worked. When she declined, he set out alone on the five-minute walk down International Avenue.

At about the same time, right across the border, a Nogales, Arizona, police officer named Quinardo Garcia responded to a call about “suspicious subjects” running south toward the fourteen-foot wall that divides the two towns. At 11:19 p.m., Border Patrol agents, including K-9 Officer John Zuniga, arrived as backup.

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  • In this photo taken Thursday, Aug. 9, 2012, A U.S. Border Patrol vehicle keeps watch along the border fence in Nogales, Ariz. A U.S. Border Patrol agent opened fire on a group of people throwing rocks from across the Mexican border, killing a teenage boy and eliciting outrage from the Mexican government over the use of lethal force, authorities said Thursday.(AP Photo/Ross D. Franklin)

  • In this photo taken Thursday, Aug. 9, 2012, vehicles drive along the border fence in Nogales, Mexico. A U.S. Border Patrol agent opened fire on a group of people throwing rocks from across the Mexican border, killing a teenage boy and eliciting outrage from the Mexican government over the use of lethal force, authorities said Thursday, Oct. 11, 2012. (AP Photo/Ross D. Franklin)

  • In this photo taken Thursday, Aug. 9, 2012, vehicles drive along the border fence in Nogales, Mexico. A U.S. Border Patrol agent opened fire on a group of people throwing rocks from across the Mexican border, killing a teenage boy and eliciting outrage from the Mexican government over the use of lethal force, authorities said Thursday, Oct. 11, 2012. (AP Photo/Ross D. Franklin)

  • Border patrol agents carry the casket of agent Nicholas Ivie during Ivie's funeral at the UCCU Center at Utah Valley University in Orem on Thursday, Oct. 11, 2012. Agent Ivie, a Provo, Utah native, was killed in a shooting at the Arizona-Mexico border October 2nd. (AP Photo/The Salt Lake Tribune, Francisco Kjolseth) DESERET NEWS OUT; LOCAL TV OUT; MAGS OUT

  • Nicholas Ivie

    In this undated photo provided by the Ivie family, Border Patrol Agent Nicholas Ivie is seen. Ivie, a 30-year-old father of two, was shot and killed in the sparsely populated desert in southeastern Arizona early Tuesday, Oct. 2, 2012. (AP Photo/Ivie Family, Cole Kynaston)

  • In this photo provided by U.S. Customs and Border Protection, law enforcement forces and equipment gather at a command post in the desert near Naco, Ariz., Tuesday, Oct. 2, 2012, after a Border Patrol agent was shot to death near the U.S.-Mexico line. The agent, Nicholas Ivie, 30, and a colleague were on patrol about 100 miles from Tucson, when shooting broke out shortly before 2 a.m., the Border Patrol said. (AP Photo/U.S. Customs and Border Protection, Gabriel Guerrero)

  • FILE - In this April 19, 2011, file photo, a member of the National Guard checks on his colleague inside a Border Patrol Skybox near the Hidalgo International Bridge in Hidalgo, Texas. Illegal immigration has slowed in recent years, with the Border Patrol recently recording the fewest arrests in almost 40 years. But many people worry that the Mexican border, the most popular crossing point for newly arriving undocumented immigrants, still isn

  • Det. Bill Silva, left, with the Bisbee Police Department, and an unnamed agent with the Drug Enforcement Administration patrol a fence line east of Naco, Ariz., after a Border Patrol agent was killed early Tuesday, Oct. 2, 2012. The shooting occurred after an alarm was triggered on one of the thousands of sensors placed by the U.S. government along the border, and the agents went to investigate, said Cochise County Sheriff's spokeswoman Carol Capas. (AP Photo/Arizona Daily Star, Mike Christy) NO MAGS NO SALES, MANDATORY CREDIT

  • A 72-foot long helium-filled balloon flies 2,500 feet above the U.S.-Mexico border, Wednesday, Aug. 22, 2012, near Roma, Texas. The Border Patrol is testing the surveillance balloons on loan from the Defense Department to see if they could be as effective spotting undocumented immigrants and drug smugglers as they were spotting insurgents in war zones. (AP Photo/Christopher Sherman)

  • This undated photo provided by the U.S. Border Patrol shows an aerostat like those being tested along the U.S.-Mexico border, Wednesday, Aug. 22, 2012, near Roma,Texas. The Defense Department has loaned the helium-filled surveillance balloons to Border Patrol to see if they could be as effective for border security as they were in war zones. (AP Photo/U.S. Border Patrol)

  • In this Thursday, Dec. 16, 2010 picture, U.S. Border Patrol vehicles drive from a checkpoint, as teams of border officers comb the Arizona desert about 10 miles north of Mexico in search for a suspect in the fatal shooting of U.S. Border Patrol agent Brian Terry in the rugged terrain in Rio Rico, Ariz. The shooting Tuesday night came after agents spotted suspected bandits known for targeting undocumented immigrants along a violent smuggling corridor, National Border Patrol Council President T.J. Bonner said. Terry, 40, was waiting with three other agents when the gunbattle erupted. Terry died in the shooting. None of the other agents were injured. (AP Photo/Ross D. Franklin)