TUCSON — A federal judge has postponed the jury trial for U.S. Border Patrol Agent Nicholas Corbett’s murder case until October.

The trial was scheduled to start Sept. 9. However, the prosecution filed a motion July 25 asking the court to delay the date because lead special prosecutor Grant Woods is scheduled to begin a trial before Judge Roslyn Silver in the case of Meritage versus Hancock on Sept. 8.

Defense attorneys did not object to the prosecution’s motion to continue the trial.

During a hearing Monday in U.S. District Court in Tucson, Judge David Bury set a new trial starting Oct. 21. The trial is expected to last two weeks.

Assistant defense attorney Jim Calle informed the court that his wife is pregnant and her due date is Nov. 1. Depending on when she gives birth, the court may take off a day during the trial.

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.

The defendant claims he acted out of self-defense when he shot the victim, while prosecutors claim the shooting was not justified. Bury declared a mistrial in March when a jury deadlocked.

Also Monday, Bury scheduled a pre-trial conference for Oct. 20. And, he said, the new plea agreement deadline is Oct. 3.

Last week, the judge decided not to grant a defense motion to change the venue of the upcoming trial to Phoenix. As a result, the trial will take place in Tucson.

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

On Monday, lead defense attorney Sean Chapman asked Bury to schedule a hearing soon for argument on the prior acts motion because it could impact which witnesses he calls to testify at trial.

The judge said he will set a hearing date for that matter at least two weeks prior to the trial date.