Jury deadlocked in trial of Border Patrol agent charged with killing illegal immigrant

9:52 PM
By ARTHUR H. ROTSTEIN
Associated Press Writer

TUCSON, Ariz. (AP) -- Jurors deliberating the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico said they were deadlocked Thursday, but the judge urged them to reach a verdict.

The jury deliberated about 11 hours before telling the judge in a note Thursday morning they were split between acquitting agent Nicholas Corbett and convicting him, special prosecutor Grant Wood said.

U.S. District Judge David C. Bury sent them back and told them to redouble their efforts. But the judge 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 the day.

Jurors met through the day and planned to return Friday.

Corbett is 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. The jury can convict on only one of the charges.

Dominguez was crossing the southern Arizona 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.

Corbett testified that Dominguez was getting ready to heave a rock at his head and that he fired in self-defense.

The case is unusual because it involves state criminal charges but is being tried in federal court because Corbett is a federal law enforcement agent.

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