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.

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