No 3rd trial for agent in migrant’s shooting death
Prosecutors in southeastern Arizona say they won't seek a third trial for a U.S. Border Patrol agent charged in the shooting death of an illegal immigrant.
Two juries this year were unable to reach a verdict in the case against Nicholas Corbett. Cochise County prosecutor Doyle Johnstun says his office will move to dismiss charges but could refile them if more evidence emerges.
Corbett was tried on second-degree murder, manslaughter and negligent homicide charges in the January 2007 death of Francisco Javier Dominguez Rivera of Puebla, Mexico. Witnesses say Dominguez-Rivera was surrendering, but Corbett says he was poised to throw a rock at his head.
Dominguez's family filed a wrongful death lawsuit Tuesday against Corbett in U.S. District Court.