Trial begins in agent murder case

Posted: Feb 27, 2008 06:10 PM MST

Trial begins in agent murder case

A panel of 13 jurors listened to opening arguments Wednesday morning in the murder trial of a U.S. Border Patrol agent.

Nicholas Corbett, a three year veteran of the force, is charged with second degree murder, manslaughter and negligent homicide in the death of Francisco Dominguez Rivera, a 22 year old Mexican national who illegally crossed the border between Douglas and Naco on January 12, 2007.

Members of the Mexican Consulate, Derechos Humanos, and the Border Action Network were in the courtroom along with Renata and Mario Dominguez, Francisco's parents. Robert Gilbert, chief of Tucson Sector's Border Patrol was also present with members of Agent Corbett's family.

Sean Chapman, one of Corbett's attorneys, told jurors the agent acted in self defense when he fired a single shot from his 40 caliber service weapon. "It's always a tragedy when someone dies, but he had to defend himself against someone trying to crush his skull in with a rock."

Chapman said Corbett acted in self defense while doing his job trying to enforce the law.

Grant Woods, a former Arizona Attorney General representing the state, told jurors Dominguez was surrendering and on his knees when Corbett fired his gun. "He lied, to try and justify what happened."

Woods said forensics and ballistics would prove the agent fired his weapon as he stood above Dominguez, hitting him on the back of the head and then shooting him from between 2 inches and 3½ feet away. Chapman said Corbett was being threatened with a rock when he fired his Beretta.

Chapman also said it was a "horrible investigation" by the Cochise County Sheriff's Department. He claimed detectives did not separate the witnesses after the shooting; instead placing Dominguez's two brothers and sister in law in the same vehicle and then in the same cell for upwards of four hours. He went on to say members of the Mexican Consulate "corrupted and influenced" the group.

According to Chapman, Dominguez wore gloves during the time of the shooting, but detectives never collected them from the scene, thus never discovering any rock debris on the victim's hands. He claims investigators returned a year later and found the gloves and requested Detective W. Adney arrive at the scene to collect the evidence, but she refused.

Chapman also said the autopsy did not reveal any injury to the back of Dominguez' head, as claimed by Woods.

Agent Stephen Berg, the first agent to arrive at the scene after the shooting, was the first to testify Wednesday. He told prosecutors he placed the three eyewitnesses in handcuffs and then in the same vehicle. He also helped Agent Corbett attempt to find a pulse on Dominguez.

Woods urged jurors to view Dominguez as a son, and a brother, not an illegal immigrant. He said the murder case was unusual because there were in fact three eyewitnesses to the shooting, and video from a surveillance tower used by the Border Patrol. Woods said the video, testimony, ballistics, forensics and medical examination would prove Corbett murdered Dominguez.

http://www.kvoa.com/Global/story.asp?S=7936452