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  1. #1
    girlengineer's Avatar
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    Trial begins in agent murder case

    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

  2. #2

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    this should have never come to trail and even mexico and any of its representatives should be ashamed act like it is anything but self defense.Unfortunely this will only get coverage if officer is convicted and the media will show only part of the tape

  3. #3
    Senior Member MyAmerica's Avatar
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    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.

    Can the Mexican Consulate be charged with witness tampering?

    Found this interesting law:

    A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

    States with a Castle Law w/ Stand-your-ground
    Alabama
    Alaska
    Arizona
    Connecticut
    Florida
    Georgia
    Hawaii
    Idaho
    Illinois
    Indiana

    http://en.wikipedia.org/wiki/Castle_Doctrine

    Interestingly, there is an obscure Arizona law that says if you are defending your property, you can use a reasonable degree of force, even possibly shooting the intruder.

    http://www.lawforkids.org/speakup/view_ ... c=VIOLENCE

    "Distrust and caution are the parents of security."
    Benjamin Franklin

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  4. #4
    2manyia-lasvegas's Avatar
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    Please rename this post

    This post is named wrong, it should be something like american hero injustice, or something like that.
    <div>Do your job and enforce the law!
    Many thanks to the young that have served our country, and to those of you that have lost, we all owe you, thank you</div>

  5. #5
    Administrator Jean's Avatar
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    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

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