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Jan 09
It’s official: Border Patrol agent Nicholas Corbett won’t be tried again in an illegal immigrant’s shooting death.
U.S. District Court Judge David Bury has granted a prosecution motion to dismiss second-degree murder, manslaughter and negligent homicide charges, without prejudice, meaning hey can be refiled if new evidence is developed.
Two trials in 2008 ended with jurors deadlocked. The first, 10-2 for conviction, the second 11-1 for acquittal.
Bury’s action last month ends criminal proceedings stemming from the Jan. 12, 2007 murder of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico, in Cochise County.
But Corbett also faces a $7.5 million dollarcivil suit Dominguez’s family filed last month.
Notice of intent has been filed with the US government to file a civil rights suit against Corbett and the USDOJ.
A Border Patrol spokesman in Washington said Corbett remains on administrative duties while an internal investigation continues.
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Mr. Corbett has not been found criminally liable for anything, hence, he cannot be sued in AZ Courts for any amount.
Maybe some greedy INVADERS should read the Laws of the place they intend to invade.
The lesson here is DO THE PAPERWORK, instead of jumping fences like a theif in the night.
The lesson here is actually, REMEMBER OJ SIMPSON!
The burden of proof is less in a civil action. And there is still the Federal lawsuit.
But hey! We have a new administration, new Attorney General and new director of DHS. Perhaps they will do the right thing and bring Federal charges against this coward!