Thread: Another BP Agent goes on trial

August 6, 2007

Court hearing starts for patrol agent charged in fatal shooting
Associated Press

BISBEE - After nearly a two-month delay, a judge will hear prosecutors seek a murder trial for a Border Patrol agent in the fatal shooting of an illegal Mexican immigrant.

Agent Nicholas Corbett is accused of killing Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico, on Jan. 12 about a mile north of the Mexican border near Naco as Dominguez, two brothers and a sister-in-law were entering the country.

At the start of a preliminary hearing Monday, defense lawyers will ask Cochise County Justice Court Judge David Morales to preclude Dominguez's relatives from testifying. A motion filed in July contends that a Mexican consular official talked to them after the shooting, "and we think it taints these witnesses to a certain extent," said Daniel Santander, one of Corbett's attorneys.

The prosecution is asking Morales to decide whether any of four charges is appropriate: first-degree murder, second-degree murder, manslaughter or negligent homicide.

Mexico's president has condemned the shooting.

Cochise County Attorney Ed Rheinheimer filed the charges in March but chose to have a judge rule on the charges. He said he chose that unusual route to keep the high-profile case as transparent as possible, rather than go before a secretive grand jury.

He and Santander expect the hearing to last a few days at most.

Corbett told other agents he acted in self-defense, fearing Dominguez was about to hurl a rock at him. But Rheinheimer concluded that forensic evidence and the witness accounts did not support Corbett's explanation.

Here we go again! Screw another BP agent. And Mexico provoking it.

Why doesn't Mexico do some complaining about all the Mexicans that are murdering 13 Americans everyday, driving drunk and killing 12 more every day, raping women, sexually abusing children, and the list goes on and on.....

How many more travesty of justice cases do we have to tolerate? Our border agents are there to do a job......LET THEM DO IT. If they have to defend themselves against the trash coming across the border, SO BE IT.

For anyone wanting to stay on top of this story, our local Channel 3, will most likely keep the story updated on their site:

azfamily.com

Why doesn't Mexico do some complaining about all the Mexicans that are murdering 13 Americans everyday, driving drunk and killing 12 more every day, raping women, sexually abusing children, and the list goes on and on.....

Ain't that the truth!!! Problem is it seems that's a normal part of life there. We'd probably be accused of of offending them about there "culture".

Corbett told other agents he acted in self-defense, fearing Dominguez was about to hurl a rock at him. But Rheinheimer concluded that forensic evidence and the witness accounts did not support Corbett's explanation.

If this is the same Border Agent who, in a video that showed an illegal about to throw a rock or something at the agent right before the agent fired, then the video tape should prove his claim of self-defense. Someone needs to find the link to this video. It was posted here at ALIPAC.

Published: 08.06.2007

Border Patrol agent to stand trial on murder charges
ARIZONA DAILY STAR
A judge on Monday dropped first-degree murder charges against a Border Patrol agent charged in the killing of an illegal entrant.
However, the judge ruled that Nicholas Corbett, 39, will have to stand trial on the other charges he is facing, second-degree murder, manslaughter and negligent homicide.
The ruling was made late Monday afternoon by Bisbee Justice of the Peace David Morales after an all-day preliminary hearing in Bisbee.
Corbett was charged April 23 with four counts of homicide in connection with the Jan. 12 shooting death of Francisco Javier DomÃ*nguez Rivera, 22, of Puebla, Mexico, about 150 yards north of the border, between Bisbee and Douglas.
The shooting occurred as Corbett was trying to detain DomÃ*nguez Rivera and his brothers and sister-in-law who had entered the country illegally.
Corbett, a native of Pennsylvania, returned to full duty three days after the shooting before being relegated to administrative work on April 24 after the charges were filed. He joined the Border Patrol in June 2003 at age 36, just one year under the age limit for the agency.
http://www.azstarnet.com/sn/printDS/195184

U.S. border cop charged with murdering Mexican
http://news.yahoo.com/s/nm/20070807/us_ ... 9QL8BQuk0A


A U.S. Border Patrol agent must stand trial for murder in the shooting of a Mexican man trying to enter the United States, an Arizona judge ruled Monday in a case that drew criticism from Mexico.

Agent Nicholas Corbett was charged in April with four counts of homicide in the January 12 shooting of Francisco Dominguez Rivera shortly after he crossed the border illegally on a stretch of desert between Douglas and Naco.

Cochise County Justice of the Peace David Morales ruled the evidence supported lesser charges of second-degree murder, but threw out charges of first-degree murder, which supposes premeditation.

The ruling followed a preliminary hearing that heard evidence from three illegal immigrants present at the shooting, a pathologist, county sheriff's detectives and two Border Patrol supervisors.

No date was set for Corbett's arraignment.

Following the killing, Mexico's Foreign Ministry complained of "disproportionate violence" and instructed the Mexican Embassy in Washington to investigate the circumstances.

Last year, border police captured 1.1 million undocumented immigrants crossing over the border from Mexico and recorded a soaring number of attacks on agents.

Lawyers for Corbett argue he shot Dominguez Rivera in self-defense after he was threatened with a rock.

An agent representing the local chapter of the Border Patrol's union said he believed the charges against Corbett would not hold up at trial.

"I don't think the prosecution has a good case, and the defense will absolutely beat it," Brandon Judd said after the hearing.

Last year, two Border Patrol agents were prosecuted in Texas for shooting an unarmed Mexican drug smuggler in the buttocks.

They were convicted and sentenced to more than 10 years in jail, becoming a cause celebre among some conservatives and anti-illegal immigration hard-liners.