EDINBURG, Texas -

A state trooper who fired from a helicopter on a fleeing pickup truck on a remote South Texas road, killing two Guatemalan immigrants, has been cleared by a grand jury.

A Hidalgo County grand jury decided Tuesday against indicting Trooper Miguel Avila of the Texas Department of Public Safety in the October incident.

The DPS said Avila, in the air, believed drugs were in the truck as it sped near schools when he opened fire near La Joya.

Instead, other authorities said nine Guatemalans were in the truck, including six under the sheet. Two were fatally wounded.

The teen, now 15, was arrested, released by mistake, arrested again in December driving a stolen vehicle and placed on probation to be deported. The U.S. Border Patrol arrested him again last month.