A border patrol agent who shot and killed a Mexican teen wants his next trial held in Phoenix.

Nearly six years ago, Agent Lonnie Swartz shot and killed 16-year-old Jose Antonio Elena Rodriguez through a Nogales border fence.

Jurors already acquitted Swartz on second degree murder charges. But they could not agree on two manslaughter charges, forcing a new trial to be set for next month.

Swartz's attorneys want that trial, which is scheduled for Oct. 23, moved from Tucson to Phoenix where they argue it's easier to find an impartial jury.

In court papers filed Wednesday, prosecutors argue there's no evidence Phoenix residents were less impacted and that social media has already taken the story beyond Arizona's borders.