Jurors won't hear of border agent's other acts
October 1st, 2008 @ 9:49am


Prosecutors won't be allowed to introduce allegations that a Border Patrol agent had a history of assault and making racist remarks at his retrial for killing an illegal immigrant, a federal judge has ruled.

The alleged incidents prosecutors wanted the jury to know about could prejudice them against Border Patrol agent Nicholas Corbett and don't establish motive, intent or state of mind, U.S. District Judge David Bury ruling said.

Corbett is charged with second-degree murder, manslaughter and negligent homicide in the 2007 shooting of Francisco Javier Dominguez Rivera.

Dominguez and three other Mexican citizens were crossing the southern Arizona desert when Corbett drove up in his Border Patrol truck, got out and ended up firing the fatal shot.

Prosecutors said the shooting was not justified. Corbett said he fired in self-defense, claiming Dominguez tried to smash his skull with a rock.

Corbett was tried on the charges in March, but the jury deadlocked. His retrial is scheduled to start Oct. 21.

Bury also said in the ruling issued Tuesday that racial statements are not considered actions under the rules of evidence and can't be introduced.

Corbett's statements only represented his opinions and didn't show he posed a threat or potential for harm to Mexicans.

``Simply hating a minority group does not establish a motivation to act aggressively against members of that group,'' Bury wrote.

Special prosecutor Grant Woods said after the March deadlock that he hoped to introduce the evidence at the retrial to beef up his case.

Corbett ``has a pattern of this, of allegedly assaulting people and threatening to kill people,'' Woods said at the time.

Woods wanted to introduce testimony from a former neighbor of Corbett in Pennsylvania who has knowledge of his ``racial hatred of Mexicans.'' He also wanted evidence of an alleged 2003 assault on a man in Cheltenham, Pa., and three incidents of domestic violence in 2007 in Arizona.

Defense attorney Sean Chapman described the former neighbor ``a racist'' and ``a liar.'' Chapman also said the domestic violence incidents did not result in charges and took place after the shooting, so they should not be allowed as evidence.

The alleged racist remarks and assaults could be brought in as evidence if Corbett takes the stand and the issues are discussed then, Bury wrote.

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