TUCSON - U.S. Border Patrol agent Nicholas Corbett's murder case will be handled in federal court in Tucson from now on, but the Cochise County Attorney's Office will continue to prosecute the case, a U.S. District judge decided Monday.

Nicholas Corbett, 39, is charged with second-degree murder, manslaughter and negligent homicide of Francisco Javier Dominguez Rivera, a 22-year-old illegal immigrant from Mexico. He pleaded not guilty to those charges on Aug. 20 in Cochise County Superior Court.

During the status conference, U.S. District Judge David C. Bury scheduled the jury trial to begin on Feb. 26. The deadline for Corbett to enter into a plea agreement is Feb. 8.

Deputy Cochise County attorney Gerald Till, who is prosecuting the case, told the judge he wanted the trial to be finished by the end of the year because he plans to retire early next year. But, Sean Chapman, the lead attorney representing Corbett, said the defense would need more time to prepare, and he requested a trial date for February or March.

Till said the prosecution would require either three or four trial days. Chapman said he would need three days at the most. Bury reserved two weeks for the trial, starting on Feb. 26. The trial won't be held on Mondays.

Till told the judge that someone else in the Cochise County Attorney's Office will prosecute the case in his place.

Bury also set a pre-trial conference for Dec. 17. During that hearing, the attorneys and the judge will discuss the contents of a jury questionnaire as well as the jury instructions.

The case has received considerable publicity, not only locally but also nationally. As a result, the prospective jurors will fill out a brief questionnaire that will be used as the basis for questioning. Bury said said the attorneys can submit proposed questions by Dec. 10.

Bury said state jury instructions rather than federal jury instructions will be used for the trial. He said he wants to review the state jury instructions with the attorneys because he is not familiar with them.

On Aug. 23, Chapman filed a notice of removal in the U.S. District Court of Arizona. Five days later he filed a similar notice in Cochise County Superior Court.

The motion was based on the fact that Corbett was acting as a U.S. Border Patrol Agent at the time of the alleged offense, and therefore he falls under federal court jurisdiction.

"At this point in the proceedings, a federal officer need not prove or prevail on his defense to be entitled to removal; rather he need only raise the defense," Chapman says in the notice of removal filing.

Till did not object to the motion during Monday's status conference. So, Bury granted the request to move the case to federal court.

As a result of Bury's ruling, two court dates in Division 1 of Cochise County Superior Court will be vacated, including a trial date of Dec. 18 and a pre-trial hearing scheduled for Oct. 29.

On Jan. 12, Corbett used his service pistol to kill Dominguez Rivera while patrolling the border about eight miles east of Naco. According to evidence collected by the Cochise County Attorney's Office, Corbett told his supervisors that he acted in self defense when Dominguez Rivera threatened him with a rock as he was attempting to apprehend the man for violating U.S. immigration laws.

Corbett declined to be interviewed by investigators from the Cochise County Sheriff's office and did not give the sheriff an official statement.

The Cochise County Attorney's Office charged Corbett on April 23 based on evidence that includes FBI investigations and forensic reports that contradict his account of the events as told to his supervisors at the Border Patrol's Naco Station.

Chapman declined to comment on the case after the hearing. During an interview with reporters, Till said he does not know which attorney in the Cochise County Attorney's Office will prosecute the case. He said he would like to see the U.S. Attorney's Office offer some help.