Mistrial declared in border agent's trial

Associated Press - November 4, 2008 5:43 PM ET

TUCSON, Ariz. (AP) - A mistrial has been declared after a jury deadlocked in the case of a Border Patrol agent accused of gunning down an illegal immigrant without provocation.

Jurors couldn't reach a verdict against U.S Border Patrol Agent Nicholas Corbett on three possible charges: second-degree murder, manslaughter or negligent homicide.

Three eyewitnesses testified Francisco Javier Dominguez Rivera of Puebla, Mexico, was shot as he was kneeling to surrender for Corbett to arrest him and the three others. The defense said the agent shot in self-defense after Dominguez tried to smash his head with a rock.

Defense attorney Sean Chapman says he's disappointed the jury didn't acquit.

http://www.wbtv.com/Global/story.asp?S=9292638