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Sean C. Chapman 

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

100 North Stone Avenue, Suite 701

Tucson, Arizona 85701

Telephone: (520) 622-0747

Fax: (520) 628-7861

Arizona State Bar No. 012088

Attorney for Defendant Swartz

Sean@seanchapmanlaw.com

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

UNITED STATES OF AMERICA,

Plaintiff,

v.

Lonnie Ray Swartz,

Defendant.

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 CR15-1723 TUC RCC (DTF)

DEFENDANT’S MOTION FOR 

JURY TO VISIT SCENE OF 

ALLEGED CRIME AT NIGHT

Defendant Lonnie Ray Swartz, by and through undersigned counsel, pursuant to 

the Sixth Amendment of the United States Constitution, hereby moves to bring the jury 

to view the location of the shooting. This motion is based on the reasons set forth in the 

following Memorandum of Points and Authorities. 

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MEMORANDUM OF POINTS AND AUTHORITIES

The Court has broad discretion when determining whether to permit a jury to be 

gathered together and transported to the crime scene. Hughes v. United States, 377 F.2d 

515, 516 (9th Cir. 1967). Considerations include whether other evidence, such as 

photographs, would be sufficient, or whether the average juror is familiar with the type 

of location and could understand it from photographs or diagrams. See, e.g., United 

States v. Crochiere, 129 F.3d 233, 236 (1st Cir.1997). 

This location of the alleged crime is the border fence between Nogales, Arizona 

and Nogales, Sonora, Mexico. The fence itself is unique because of its nature as an 

international boundary, its physical security features, and the topography of the specific 

locations at issue. The density of vegetation in the area, the buildings and the narrow 

streets of Nogales, Sonora and Nogales, Arizona are particularly relevant to the issues in 

this case. 

The average juror, even one who has been to Nogales or crossed the border at the 

POE in Nogales, is unlikely to be familiar with the nature of the border fence or the 

precise location where the shooting occurred. This venue is unlike “the desert,” a

hospital, streets or highways, or other places where crimes occur, that are within the 

common experience of most jurors. The jury should be allowed to view the scene at 

night because the unique characteristics of the location are central to the story of the 

case and because doing so will help the jury understand the events being recounted by 

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the witnesses. United States v. Pineda-Doval, 614 F.3d 1019, 1035 (9th Cir. 2010) (in 

alien transportation case where death resulted, the district court’s decision to allow the 

jury to view the crushed Suburban was affirmed, because doing so “would help the jury 

understand the events being recounted by the witness” and because “the Suburban was 

central to the prosecution’s story.”).

The government is asking the jury to convict Agent Swartz based on a splitsecond decision that he made at night in an incredibly dangerous area of the 

international border. The Court will recall that there has been extensive litigation 

regarding video and photographic recreations of the scene, and what Agent Swartz saw, 

or perceived. A great deal of time will be dedicated by the government to presenting 

expert testimony on this issue at trial. Since the issue is so significant to the parties, the 

jury should have the opportunity to observe at night what the area actually looks like. 

Respectfully submitted this 31th day of January, 2018.

LAW OFFICES OF SEAN CHAPMAN, P.C.

BY: /S/ Sean C. Chapman

Sean Chapman

Attorney for Defendant

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CERTIFICATE OF SERVICE

The undersigned certifies that on January 31, 2018, caused to be electronically 

filed the foregoing document with the Clerk of the Court using the CM/ECF system 

which sent notification to the following:

Wallace H. Kleindienst

Wallace.Kleindienst@usdoj.gov

Mary Sue Feldmeier

Mary.Sue.Feldmeier@usdoj.gov

US Attorney’s Office – Tucson, AZ

405 W. Congress, Suite 4800

Tucson, AZ 85701-4050

Serena Lara

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