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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...

BISBEE — The exact cost to prosecute and defend Border Patrol Agent Nicholas Corbett’s murder trial is not clear, but the amount could likely be counted in the hundreds of thousands of dollars. Corbett is charged with second-degree murder, manslaughter and negligent homicide of Francisco Dominguez-Rivera. On March 7, a federal judge declared a mistrial in his case because the jury could not decide on a verdict. Prosecutors plan to retry the case. Cochise County Attorney Ed Rheinheimer said the cost of the prosecution is being paid for with Criminal Justice Enhancement, or CJE, funds. The money originates from fines...

PHOENIX (Reuters) - A judge declared a mistrial due to a deadlocked jury on Friday 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 C. Bury canceled the trial of Border Patrol agent Nicholas Corbett after the jury had failed to reach a verdict since starting deliberations on Tuesday, a court official said. 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 watched by pro- and anti-illegal immigrant...

TUCSON — A U.S. District Court judge declared a mistrial Friday for Border Patrol Agent Nicholas Corbett’s murder case after the jury said it was unable to decide on a verdict after about 23 hours of deliberations. Cochise County Attorney Ed Rheinheimer said he intends to retry the case. Judge David Bury scheduled a new trial for April 22, but that date will likely be changed due to a conflict with a defense attorney. On Thursday, the jurors sent the court a note stating they were at an “impasse,” but Bury told them to continue deliberations. On Friday at about...

TUCSON, Ariz. -- A federal judge declared a mistrial Friday in the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico. Jurors who had been deliberating the fate of agent Nicholas Corbett since late Tuesday told the judge they were hopelessly deadlocked. Corbett was charged with second-degree murder, manslaughter and negligent homicide in the January 2007 death of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico. Jurors could convict on only one charge. Corbett testified that Dominguez was going to smash his head with a rock and he fired in self-defense. Dominguez's two...

TUCSON — Judge David Bury declared a mistrial Friday in Border Patrol Agent Nicholas Corbett’s murder trial. The jury told the judge that it was deadlocked and would not be able to come to an agreement. The U.S. District Court judge then declared a mistrial. The mistrial was called after jurors spent more than two days discussing the case. On Thursday afternoon, Bury almost declared a mistrial after the jurors sent a note stating they were experiencing a tough time making a decision, but he decided instead to give them more time. Corbett is charged with second-degree murder, manslaughter and...

TUCSON, Ariz. – Jurors deliberating the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico said Thursday that they are deadlocked. The jury had spent about 11 hours deliberating when they sent a note to the federal judge hearing the case late in the morning. The judge sent them back after telling them to redouble their efforts to reach a verdict. But U.S. District Judge David C. Bury told attorneys after jurors left the courtroom that he was inclined to declare a mistrial if they couldn't reach a verdict by the end of...

PHOENIX (Reuters) - A U.S. Border Patrol agent went on trial on Tuesday in the killing of a Mexican man attempting to cross illegally into Arizona, a case closely watched by pro- and anti-illegal immigrant groups. Jury selection began in U.S. District Court in Tucson, Ariz., to decide the fate of agent Nicholas Corbett, who faces second-degree murder charges for killing Francisco Dominguez Rivera in the southern Arizona desert. Corbett, who has claimed through attorneys that he shot in self defense, is also charged with manslaughter and negligent homicide in connection with the January 12, 2007, incident. Dominguez Rivera, 22,...

SIERRA VISTA — U.S. Border Patrol Agent Nicholas Corbett’s murder case is headed to federal court in Tucson. The move comes several days after he entered a not guilty plea in Cochise County Superior Court. On Aug. 23, Corbett’s attorney Sean C. Chapman of Tucson filed a notice of removal in the U.S. District Court of Arizona, the Herald/Review learned late Wednesday. Five days later, Chapman, 41, filed a similar notice with the Cochise County Superior Court where the case was last pending, according to Denise I. Lundin, the clerk of the Superior Court. “No further proceedings are anticipated in...

BISBEE — Border Patrol Agent Nicholas Corbett can be tried in Cochise County Superior Court on a charge of second-degree murder, a justice of the peace ruled Monday. However, after listening to testimony at a preliminary hearing, Justice of the Peace David Morales decided that the evidence did not support a more serious charge of first-degree murder, which supposes premeditation. On April 23, Cochise County Attorney Ed Rheinheimer charged Corbett with first-degree murder, second-degree murder, negligent homicide and manslaughter in connection with the Jan. 12 shooting death of Francisco Javier Dominguez-Rivera, a 22-year-old Mexican national who had crossed the border...

January shooting death of entrant nets 4 charges - A preliminary hearing to determine whether a Border Patrol agent should be charged with murder for fatally shooting a Mexican man just north of the border is set for Monday in Bisbee. Nicholas Corbett, 39, was charged April 23 with four counts of homicide in connection with the Jan. 12 shooting death of Francisco Javier Domínguez Rivera, 22, of Puebla, Mexico, about 150 yards north of the border, between Bisbee and Douglas. The shooting occurred as Corbett was trying to detain Domínguez Rivera and his brothers and sister-in-law who had entered...

CALEXICO – Surveillance video of a deadly shooting last month of a would-be illegal migrant by a Border Patrol agent is prompting calls by the Mexican government for an investigation, although it shows the agent apparently firing in self-defense. A Border Patrol video of that incident, derived from those surveillance images and originally meant as an internal report to Border Patrol headquarters in Washington, has since been leaked onto the Internet. Ramiro Gamez Acosta, 20, was shot once in the chest by an agent armed with an M-4 carbine last March 26. He died within minutes.

I just viewed the video of the BP shooting at the link posted by Ladycalif. It was edited in an obvious attempt to portray it as a bad shooting. The text portion put in by the Tribune stated the rock thrower was an illegal immigrant. He wasn't an immigrant. He was a smuggler. The agent attempted to apprehend the criminal when he tried to leave the canal. He fought with the agent and then ran towards the marked unit. Somewhere in between the canal and the truck he picked up a rock. This was edited out. At one point the...

BISBEE — Cochise County Attorney Ed Rheinheimer said he may seek a grand jury indictment against Border Patrol Agent Nicholas Corbett after a judge postponed a preliminary hearing Friday meant to determine if Corbett can be charged with murdering an illegal immigrant. Justice of the Peace David Morales granted the seven-week continuance after defense attorney Sean Chapman complained he had not received a complete set of police statements made by six Mexican nationals who were present when Corbett fatally shot Francisco Javier Dominguez-Rivera near Naco on Jan. 12. Chapman called it “fundamentally unfair” and “outrageous” that the County Attorney’s Office...

PHOENIX - A Border Patrol agent was charged Monday with first-degree murder in the shooting of an illegal immigrant at the border in January. An investigation found that Agent Nicholas Corbett's killing of Francisco Dominguez-Rivera, of Puebla, Mexico, was not legally justified, said Cochise County prosecutor Ed Rheinheimer. Corbett is also charged with second-degree murder, manslaughter and negligent homicide. Corbett's attorney, Daniel Santander, didn't immediately return a message left Monday afternoon by The Associated Press. The shooting, which drew condemnation from the Mexican government, occurred while Corbett was trying to apprehend Dominguez-Rivera and three others who were trying to enter...