BISBEE — The lead defense attorney in U.S. Border Patrol Agent Nicholas Corbett’s murder case is asking a federal judge in Tucson to preclude prosecutors from introducing evidence of prior acts, character traits or opinions of his client at the upcoming trial.

Assistant prosecutor Tyrone Mitchell filed a motion July 10 seeking permission from the court to introduce evidence of three prior, unprovoked violent acts allegedly committed by Corbett.

The prosecutor’s motion states Corbett was arrested for committing assault and physical property damage in November 2003 in Cheltenham, Pa., and he assaulted his girlfriend in April 2007 in Chandler and he threatened a family and assaulted his girlfriend in Mesa in March 2007.

The Pennsylvania case was dropped, and Corbett was never criminally charged in the two Arizona incidents, according to records.

In a motion filed Friday in U.S. District Court in Tucson, Sean Chapman, the defendant’s lead defense attorney, argues those three incidents, as well as a January 2008 report by a third party of a verbal argument between Corbett and his girlfriend, are not similar to the murder case.

“Other than the fact that they involve acts in which prior violent behavior was alleged, there is no relationship between these events — one in which, while intoxicated, Mr. Corbett allegedly punched an individual, and three in which a domestic argument occurred — and an event that occurred in the open desert while agent Corbett was on duty and attempting to enforce the immigration laws,” the motion states.

According to Mitchell, the evidence is admissible because testimony, as well as police and incident reports, from these cases will rebut the defendant’s claim of “self-defense” and show he was the “aggressor.”

However, Chapman says Corbett did not claim he was defending himself  during these incidents. Rather, in the domestic disturbances he told police the accusations were false. And, in the Pennsylvania incident, he punched an individual and then apologized later. He points out the prior acts did not involve the use of a gun and did not occur while Corbett was on duty as an agent.

In March 2007, he grabbed his girlfriend’s head, took off her glasses and spit in her ear, according to Mitchell.

According to Chapman, an investigating officer looked at the glasses and noticed they were not damaged, and determined the girlfriend did not have injuries to her head or face, and no action against Corbett was taken,

In April 2007, he reportedly threatened a family and punched his girlfriend in the stomach, according to Mitchell.

According to Chapman, an investigating officer noticed there was no bruising or injury on the girlfriend’s stomach, and no charges were filed.

Also, according to Chapman, in the January 2008 incident, a responding officer closed the investigation when both parties said they were arguing verbally and waiting for the other to calm down.

According to Mitchell’s motion, in the November 2003 case, Corbett went to his neighbor’s house and damaged his property. When the neighbor confronted him, Corbett physically assaulted him. Chapman states Corbett wrote a letter of apology to the complainant and admitted to alcohol abuse.

The defense motion asks the court to prevent the prosecution from asking Corbett if he has problems with alcohol or anger management.

Also, Chapman wants to stop prosecutors from using evidence from a potential witness in Pennsylvania who claims “Corbett has a big mouth and made his racial opinions known. He dislikes blacks and Mexicans.”

Corbett is charged with second-degree murder, manslaughter and negligent homicide for fatally shooting Francisco Dominguez-Rivera, a Mexican who had illegally entered the United States near Naco last year. Prosecutors claim the shooting was not justified. Corbett, however, claims he acted out of self-defense when he shot Dominguez-Rivera.

Judge David Bury declared a mistrial in early March in the murder case because the jury was deadlocked at the end of a two-week trial in federal court in Tucson. A new trial is scheduled to start Sept. 9 in Tucson, but a change of venue motion that seeks to move the trial to Phoenix is pending.