Thread: Agent Says He Killed in Self-Defense

Published Tuesday | March 4, 2008
Agent Says He Killed in Self-Defense
By ARTHUR H. ROTSTEIN Associated Press Writer
The Associated Press

TUCSON, Ariz. (AP) - A U.S. Border Patrol agent said Tuesday before testimony concluded in his trial that he fatally shot an illegal immigrant from Mexico because the man threatened him with a rock.

Agent Nicholas Corbett told jurors he shot Francisco Javier Dominguez Rivera, 22, in self defense after Dominguez raised his arm to throw a rock at him. He said he was holding Dominguez off with his left arm with his handgun pointed downward in his right hand when he fired.

Corbett, 40, is more than a foot taller than Dominguez was.

Corbett is charged with second-degree murder, negligent homicide and manslaughter for the Jan. 12, 2007, shooting near Naco, Ariz. Jurors can convict on only one count.

Dominguez was crossing the desert along with his two brothers and a woman when Corbett spotted them, raced up in his Border Patrol truck and the fatal confrontation took place.

Dominguez's brothers testified that he was going to his knees to surrender when Corbett shot him.

During closing arguments Tuesday, special prosecutor Grant Woods urged jurors to convict Corbett of the most serious of the charges, second-degree murder.

He accused Corbett of fabricating several different versions of how the shooting occurred.

Defense attorney Sean Chapman told jurors that the brothers and the woman lied about what happened and that the forensic evidence supports Corbett's claims. He said Corbett was the victim of a sloppy and unjust sheriff's investigation.

Jurors deliberated about a half-hour Tuesday before recessing.

The case is unusual because it is being tried in federal court by state prosecutors using Arizona law. The defense had wanted the case moved to federal court, arguing that Corbett was immune under the U.S. Constitution from state prosecution.

Conviction for second-degree murder could bring a sentence of 10 to 22 years, manslaughter seven to 21 years, negligent homicide four to eight years. A conviction also would bring mandatory prison time because the state has alleged the dangerous nature of the offense since a gun was used.
http://www.omaha.com/index.php?u_page=1 ... d=10241020

Corbett is charged with second-degree murder, negligent homicide and manslaughter for the Jan. 12, 2007, shooting near Naco, Ariz. Jurors can convict on only one count

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It's absolutely deplorable that our border patrol agents continue to be charged with murder when they are using deadly force only as a retalitory action in self defense after their life has been threatened by these illegal invaders.

I do not understand how these poor guys would even consider doing this work when our government continues to take the side of illegal invaders in these situations. There is a war going on at our southern border and our officers are being asked to fight it with both hands tied behind their backs.

Disgusting