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.
DAY 9 (11/03)
UPDATE – The Jury has recessed for the day. 13 hours total time in deliberations.
The jury got the case at about 1430 on November 30. Deliberations began for about two hours, adjourned, resumed on Friday and adjourned once again until this morning.
the jurors sent a note to Judge David Bury with two requests.
They asked for access to “a scale to weigh something 30 pounds.” The judge denied their request.
The 30-pound figure is significant because that was the weight of the backpack worn by Dominguez-Rivera when he was shot.
The jurors also requested permission to get some magnifying glasses from their cars and bring them inside the jury room. The judge allowed them to do so.
On Friday, the panel had requested a large magnifying glass, and the judge gave them two different types.
It is not clear what the jurors are examining with the magnifying glasses
Let’s hope that is a sign of a just and proper verdict this time around
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