Thread: Border patrol agent accused of murder still waiting for day

David Marino Reports
Border patrol agent accused of murder still waiting for day in court

June 15, 2007 06:55 PM PDT

A border patrol agent accused of murdering an illegal immigrant near the border will have to wait until August to hear what charges he will face.

Authorities say Nicholas Corbett shot and killed 22-year-old Francisco Dominguez-Rivera back in January.

Corbett was allegedly trying to apprehend the man and his relatives who were trying to cross the border illegally.

Corbett says he felt threatened, but the county attorney says the evidence shows the shooting was unjustified.

Friday's preliminary hearing was moved to Bisbee due to security concerns at the Douglas Courthouse.

In the end, the judge postponed the hearing after defense attorney's demanded additional evidence be handed over by the state.

As Corbett left justice court, Marcelino Sanchez and others stood outside, armed with a message.

They held up signs saying, "No one is above the law."

Sanchez believes Corbett's case is the highest example of an agent abusing his power.

"As far as we know, it wasn't self defense. It was just murder. Even if you are a citizen, or you are a resident, you go through a hassle. That's why some of the people, they don't like to go on the other side of the border."

The victim's family also showed up, but remained tight lipped as they left the courtroom.

Corbett's supporters turned out as well.

Brandon Judd is vice president of the local border patrol union.

"I hope that this is not a political prosecution. If you were to ask me what I think, I think that it is. When I see one of my fellow agents having to go through a difficult situation, yes, it's very hard."

Corbett hasn't even had a preliminary yet, but already some people in the public have found him guilty.

It's a sign of the politics surrounding the case.

Politics or not, attorneys on both sides are focused on proving their case.

Prosecutor Gerald Till says, "We disclosed all the evidence that we have, and far more than we need to under the rules of criminal procedure."

Defense attorney Sean Chapman says, "It's unfortunate that the county attorney has chosen to believe criminals entering this country illegally, over Agent Corbett."

Nicholas Corbett's preliminary hearing has been rescheduled for August 6 in Bisbee.

Cochise County prosecutors have filed several charges against Corbett, including first and second degree murder, manslaughter, and negligent homicide.

http://kvoa.com/Global/story.asp?S=6667054&nav=HMO6

Agent charged with killing illegal immigrant has hearing postponed
June 16, 2007
By Jonathan Clark
Herald/Review
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 unfairâ€