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Sean C. Chapman 

Law Offices of Sean C. Chapman, P.C. 

100 North Stone Avenue , Suite 701 

3 Tucson , Arizona 85701 

Telephone: (520) 622-0747 

4 Fax: (520) 628-7861 

Arizona State Bar No. 012088 

5 Attorney for Defendant Swartz 

6 Sean@seanchapmanlaw.com 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

UNITED STATES OF AMERICA, 

Plaintiff , 

v. 

Lonnie Ray Swartz, 

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CRl 5-1723 TUC RCC(DTF) 

STIPULATION 

_____ D_e_fen_d_a_n_t. _____ ) 

1. On August 19, 2014, the following American and Mexican officials met to discuss 

the shooting death of Jose Elena Rodriguez at the Offices of the PGR (Procuraduria 

General de la Republica) office in Nogales, Sonora: 

Witnesses: 

a. Assistant U.S. Attorney Wallace H. Kleindienst; 

b. Assistant U.S . Attorney Karen Rolley ; 

c. Department of Justice Civil Rights Division Attorney Henry Leventis ; 

d. Department of Justice Office of International Affairs Attorne y Bob Ciaffa ; 

e. Lucien Haag , Forensic Expert; 

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f. Michael Haag, Forensic Expert; 

g. Robert Tapia Valdez (PGR Prosecutor); 

h. Julio Trejo Villaria (Sonora AG, Department of Expert Services); 

1. Unknown PGR representative. 

In lieu of testimony from Ms. Rolley and Mr. Lenventis, the defense and prosecution 

agree to the following: 

2. Assistant United States Attorney, Karen Rolley was present at the meeting and 

took notes regarding statements made by Dr. Javier Diaz Trejo during the meeting: 

3. AUSA Rolley recorded in her notes the following statements made by Dr. DiazTrejo: 

"The body had blood and cranial injuries. It had come in complete contact with 

the wall of the house or dwelling. The upper portion of the body had come in 

contact against the wall. The body had recent bullet wounds and particles of the 

wall on top of the body." 

"Body position final -internally and externally and peripheral wounds indicate 

all lead to conclude to lose balance and fall to ground was the first shot." 

"First impact was to the head=death, then he was shot up. The other wounds 

were to vital organs. Do not recall any to the spinal cord." 

"The trajectory was right to left, rear to forward. " 

"First wound was to the head because that injury made the person lose balance. 

On the wall saw indication of impact - made note of some contusion." 

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J·' 

"Person fell forward , impact from behind-propel forward because body would 

show impact in another direction." 

"Rule out shot in the back and then sustain gunshot to head?" 

"No, I think he was standing and back was to shooter. The first impact he 

was standing because on the body were 5-6 impact wounds and displace in a 

different direction because of the impact and his position." 

AUSA Henry Leventis recorded the following statements which he attributed to both Dr. 

Javier Diaz Trejo and Dr. Absalon Madrigal. 

"Dr. Diaz and Dr. Madrigal believe the bullet wound to the head was the 

first wound because all of the other wounds have a rear to forward, right to 

left trajectory. Both physicians believe the first bullet that struck Elena 

caused his death. " 

"Dr. Diaz and Dr. Madrigal believe that the shot to the head which killed 

Elena caused him to lose his balance. They believe the scrapes to Elena 's 

hands and face were the result of being propelled forward by the impact to 

the cranial area." 

"Dr. Diaz ruled out the government's theory that Elena was running and shot 

in the back first and then the head. According to Dr. Diaz, because Elena 

first suffered a cranial impact, he didn't have the brain function to break his 

fall, hence the scrapes to the back of his hands and his face. Dr. Diaz 

believes that either of the gunshot wounds to Elena 's head would have 

caused immediate incapacitation. Moreover , Dr. Diaz believes the trajectory 

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of the subsequent impacts on the body support that Elena was lying on the 

ground." 

Respectfully submitted this LS't~ay of April, 2018: 

4 LAW OFFICES OF SEAN CHAPMAN, P.C. 

5 BY: h ~ 

ELIZABETH STRANGE 

First Assistant U.S. Attorney 

District of Arizona 

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Sean Chapman 

Attorney for Defendant b U~o~ 

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