BISBEE — A federal judge has postponed Border Patrol Agent  Nicholas  Corbett’s new murder trial until September.

Corbett is charged with second-degree murder, manslaughter and negligent homicide for fatally shooting Francisco Dominguez-Rivera, a Mexican who was illegally entering the Unites States near Naco last year.

A second trial was scheduled for April 22. However, in an order dated Wednesday, Judge David Bury agreed to postpone the trial until Sept. 9.

Lead defense attorney Sean Chapman filed a motion last week in U.S. District Court in Tucson seeking to postpone the trial until Sept. 9. He said counsel currently has multiple trial settings in April and May that were previously delayed in order to try the Corbett case in February and March.

Prosecuting attorneys joined in the motion and agreed the continuance is necessary.

Bury’s order states that a change in plea must be heard by a magistrate judge by Aug. 22. Also, motions or stipulations to continue the scheduled trial date and change of plea hearing must be filed with the court clerk by Aug. 29.

The first trial was held Feb. 26 to March 7. Bury declared a mistrial because the 12-member jury was deadlocked.

Special prosecutor Grant Woods said he was recently contacted by a man claiming to be “familiar with the deliberations” who said the vote was 10 to 2 guilty versus not guilty.

Woods does not know which charge the majority felt Corbett was guilty of.

“No idea of credibility, although others claim to have heard the same thing,” Woods said.

Chapman declined to comment on the jury’s vote by saying, “I’m back in trial prep mode and won’t be commenting again until after the trial.”

Corbett testified he acted out of self-defense when he shot Dominguez-Rivera. Prosecutors said the shooting was not justified.