Judge Declares Mistrial In Border Patrol Agent’s Murder Trial

By ARTHUR H. ROTSTEIN Associated Press Writer

TUCSON, Ariz. (AP) – A federal judge has declared a mistrial in the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico.

Jurors had been deliberating since late Tuesday before declaring themselves hopelessly deadlocked Friday in the trial of Agent Nicholas Corbett.

Corbett was charged with second-degree murder, manslaughter and negligent homicide in the January 2007 death of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico. Jurors could convict on only one charge.

Corbett testified during the trial in Tucson that Dominguez was about to throw a rock at his head and he fired in self-defense. Dominguez’s two brothers testified that he was surrendering and was shot without provocation.

(Copyright 2008 by The Associated Press. All Rights Reserved.)