Posted on 11/04/2008 3:26:00 PM PST by SwinneySwitch
TUCSON, Ariz. - A mistrial was declared Tuesday in Tucson in the case of a Border Patrol agent accused of gunning down an illegal immigrant without provocation.
Defense attorney Sean Chapman says he's disappointed the jury didn't acquit U.S Border Patrol Agent Nicholas Corbett of the charges against him.
Corbett was charged with second-degree murder, manslaughter and negligent homicide in the death of Francisco Javier Dominguez Rivera of Puebla, Mexico. Jurors could convict on only one charge.
Three eyewitnesses, including the dead man's two brothers, testified he was kneeling to surrender as Corbett tried to arrest the four when the agent opened fire.
Chapman contended that Corbett shot in self-defense after Dominguez tried to smash his head with a rock.
BP ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
God Bless the US Border Patrol! Our heroes in green.
Should have been aquitted.
They should have a Green day on the border. (cough cough)
Judge declares mistrial of border agent
Tue Nov 4, 2008 6:06pm(Reuters) - A federal judge declared a mistrial on Tuesday in the case of a U.S. Border Patrol agent charged with killing a Mexican man crossing illegally into Arizona.
U.S. District Judge David Bury declared the mistrial after the jury failed to reach a verdict in the second trial of Border Patrol agent Nicholas Corbett, an official at the Cochise County Attorney's Office told Reuters.
Corbett, 40, faced charges of second-degree murder, manslaughter and negligent homicide for shooting dead Francisco Dominguez Rivera on January 12, 2007, in a case closely watched by pro- and anti-illegal immigrant groups.
The shooting occurred on an isolated stretch of the border between Naco and Douglas, where Dominguez Rivera, 22, had crossed from Mexico with his two brothers and the girlfriend of one of the brothers.
Corbett said he fired after Dominguez Rivera threatened him with a rock, while prosecutors argued the shooting was unprovoked.
The killing drew a sharp rebuke from the Mexican government last year with that country's Foreign Ministry complaining of "disproportionate violence." Diplomats at the Mexican Embassy in Washington called for a thorough investigation.
Corbett's first trial, in March, also ended in mistrial after the jury failed to reach a decision after three days of deliberations.
The jury in the second trial had been weighing the verdict since Thursday.
It was not immediately clear if prosecutors would seek a third trial.
It was a fn disgrace that they put him on trial based on the word of illegals. Twice. He was doing his job. If you don’t want something bad to happen to you, don’t cross our border illegally and don’t throw rocks at the heads of BP agents.
Curiouser and curiouser: "The cost of the trials was not paid by taxpayers. They were paid for with money provided by criminal justice enhancement funds raised through fines in criminal cases leveled across the state, Rheinheimer said."
Ping!
It is indeed curious. The evidence (that which was made public) was fairly convincing of his guilt. His story changed, it wasn’t borne out by the autopsy, the actual shooting mirrored other ‘accidental’ shooting incidents over the years...a clear case (again, citing publicly released info) of an accidental weapon discharge while forcing a suspect to get down on the ground.
That said - I wasn’t at the trial, and I don’t know what the jury was presented that kept them from convicting Agent Corbett. For the record, I’m glad he has not yet (and may never) be convicted for this killing. I don’t think he’s guilty of any crime.
ping
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