Border Patrol agent charged in killing of illegal Mexican immigrant at border | MassCops

Border Patrol agent charged in killing of illegal Mexican immigrant at border

Discussion in 'Illegal Immigration Issues' started by kwflatbed, Apr 24, 2007.

  1. kwflatbed

    kwflatbed MassCops Angel Staff Member

    Border Patrol agent charged in killing of illegal Mexican immigrant at border

    PHOENIX -- A Border Patrol agent was charged Monday with first-degree murder in the shooting of an illegal immigrant at the border in January.
    An investigation found that Agent Nicholas Corbett's killing of Francisco Dominguez-Rivera, of Puebla, Mexico, was not legally justified, said Cochise County prosecutor Ed Rheinheimer.
    Corbett is also charged with second-degree murder, manslaughter and negligent homicide.
    Corbett's attorney, Daniel Santander, didn't immediately return a message left Monday afternoon by The Associated Press.
    The shooting, which drew condemnation from the Mexican government, occurred while Corbett was trying to apprehend Dominguez-Rivera and three others who were trying to enter the country illegally.
  2. kwflatbed

    kwflatbed MassCops Angel Staff Member

    U.S. border cop charged with murdering Mexican

    Tue Aug 7, 2007 7:34AM EDT

    BISBEE, Arizona (Reuters) - 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.
  3. justanotherparatrooper

    justanotherparatrooper Pissin' in liberals cheerio's for 40 years :) Staff Member

    Re: U.S. border cop charged with murdering Mexican

    :2up: :2up:
  4. CJIS

    CJIS MassCops Member

    Re: U.S. border cop charged with murdering Mexican

    This is BS!
  5. kwflatbed

    kwflatbed MassCops Angel Staff Member

    Border Patrol Agent Wants Federal Trial

    The Associated Press

    TUCSON, Ariz. --
    A Border Patrol agent charged with murder in the shooting of an illegal immigrant is asking to have his case moved from state to federal court, and prosecutors aren't objecting.
    Lawyers for Nicholas Corbett argue that the agent's actions were necessary and proper to perform his duties as a federal law enforcement agent, so he is immune from state prosecution under the U.S. Constitution.
    They have asked the U.S. District Court in Tucson to take over the case and asked Cochise County Superior Court this week to send the case to federal court.
    Cochise County Attorney Ed Rheinheimer said Thursday that the petition "comes as no surprise, and we don't see any grounds to oppose it. We'll just let it run its course."
    Sean Chapman, one of Corbett's lawyers, said he could not comment because the motion was pending before a federal court.
    Corbett pleaded not guilty Aug. 20 to second-degree murder, manslaughter and negligent homicide in the shooting of Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico.
    Corbett, 39, told a supervisor he shot Dominguez Rivera on June 12 near the border east of Naco after the man threatened him with a rock. Witnesses said Corbett shot him without provocation.

    [​IMG]Wire Services
  6. kwflatbed

    kwflatbed MassCops Angel Staff Member

    Prosecutor: Border agent killed 'passive' migrant

    By Arthur H. Rotstein
    Associated Press

    TUCSON, Ariz. — A Border Patrol agent fatally shot a "peaceful and passive" illegal immigrant without provocation as he tried to surrender, a prosecutor told jurors Wednesday during opening statements of the agent's retrial.
    Nicholas Corbett is charged with second-degree murder, manslaughter and negligent homicide in the death of Francisco Javier Dominguez Rivera, of Puebla, Mexico. Jurors can convict on only one charge.
    Corbett's first trial ended in a mistrial in March because of a hung jury. The case is unusual because it involves state criminal charges but is being tried in federal court because Corbett is a federal law enforcement agent.
    At least five times during opening statements, special prosecutor Grant Woods alluded to the peaceful nature of Dominguez, who was killed about 100 yards north of the Mexican border.
    Dominguez "was not hotheaded," said Woods, a former Arizona attorney general. He said Corbett had lied in alleging that Dominguez threatened to smash his head with a rock, as well as in his explanation of the confrontation and how the shooting occurred.
    Woods said Wednesday that he hoped to show Dominguez's good character through witnesses, including a woman who had employed him near New York City.
    Woods said Wednesday that Dominguez, his two brothers and a brother's girlfriend had crossed into Arizona on Jan. 12, 2007, but decided to return to Mexico because of bad weather and a number of nearby patrol agents. They were near the border when they saw Corbett's vehicle heading toward them.
    "They didn't run; they didn't hide," Woods said. "They figured they would be apprehended."
    He said the brothers and girlfriend will testify that all four were surrendering when Corbett hit Dominguez in the back of the head and was pushing him down from behind with the gun in his left hand when the weapon fired.
    Woods said an autopsy showed the bullet entered under Dominguez's left armpit, "blowing out the entire lower part of his heart."
    But defense attorney Sean Chapman said Corbett defended himself with deadly force, as state law allows.
    "The evidence will show that Francisco Dominguez was not a peaceful man," Chapman said, "that he had a rock the size of a baseball or softball, and tried to smash it into the head of a federal law enforcement officer."
    He also called the prosecution's three witnesses "absolute liars" and suggested the Cochise County Sheriff's Office conducted an incompetent investigation. He said investigators didn't find a pair of gloves that Dominguez had been wearing until a year later at the crime scene and that they didn't test for gunshot residue on Corbett's hands, among other claims.
    Chapman said his client was "accused falsely of a crime he did not commit. He is innocent."
    Conviction on the second-degree murder charge could bring a sentence of 10 to 22 years in prison. The manslaughter charge carries a possible seven to 21 years sentence, and negligent homicide four to eight years.

    [​IMG]Wire Service
  7. kwflatbed

    kwflatbed MassCops Angel Staff Member

    Mistrial declared in Ariz. border agent's trial

    The Associated Press
    TUCSON, Ariz. — 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.

    [​IMG]Wire Service

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