BISBEE — Francisco Javier Dominguez-Rivera, a Mexican who had illegally immigrated to the U.S., worked in a granola factory in Connecticut for about four years.

He returned home to visit his family in Morelos, Mexico, in December of 2006. He spent Christmas there. He made arrangements to bring his brothers, Rene and Jorge, and Jorge’s girlfriend, Sandra Guzman, back to the U.S. with him.

But on their journey through the desert near Naco, Dominguez-Rivera, 22, was killed by a U.S. Border Patrol agent on Jan. 12, 2007. His brothers and the girlfriend say they witnessed the shooting.

Nicholas Corbett is charged with second-degree murder, manslaughter and negligent homicide for fatally shooting Dominguez-Rivera. The prosecution claims the shooting was not justified, but Corbett testified he acted out of self-defense.

A trial was held from Feb. 26 to March 7 in federal court in Tucson. Judge David Bury declared a mistrial in the case because the jury was deadlocked. A second trial is set to start Oct. 21 in Tucson. It is scheduled to last two weeks.

Prior to his return to the U.S. in January 2007, Dominguez-Rivera offered to bring his brothers along with him. He told them he could help them find jobs in Connecticut

Dominguez-Rivera’s brother, Jorge, testified he was the first one who agreed to go with him. Then their brother, Rene, also said he wanted to go. Guzman also decided to join them. Neither the brothers nor the girlfriend had ever been to the United States before, Rene testified.

Dominguez-Rivera was well-mannered and had a reputation for being so in a number of places, according to his father, Renato Dominguez

“He wasn’t any kind of delinquent or troublemaker,” he told The News in Mexico City in a phone interview from his home in Cuautla, Morelos, just prior to the first trial.

Prosecutor Grant Woods originally intended to call the victim’s father to testify as a witness during the first trial. The defense argued the father’s statements would not add any probative value to the case and would only invoke sympathy.

Defense attorney Sean Chapman told the judge he felt any testimony from the father regarding his son’s good character would allow him to inquire if the victim was affiliated with a gang.

Judge Bury said the father’s testimony would need to be relevant to the charges against Corbett. So, prosecutors ended up deciding not to call him to the stand.

Dominguez-Rivera had a tattoo on his left hand that is commonly known as “La Vida Loca.” The tattoo consists of three dots in the shape of a triangle.

According to Corbett’s defense, the tattoo is considered an indicator of street gang affiliation. The defense was prepared during the first trial to call Border Patrol agent Carlos Zayas to testify regarding the significance of the tattoo, according to a court filing written in February by Chapman.

“Further, according to agent Zayas, gang members who are apprehended along the border tend to be more aggressive and violent during apprehension than illegal entrants who are not affiliated with gangs. Such evidence is highly relevant to this case, because agent Corbett has stated that the decedent was shot in self-defense when he tried to hit agent Corbett in the head with a large rock,” Chapman states.

Tony Morales, of the Arizona Department of Public Safety’s state gang task force in Douglas, told the Herald/Review recently the fact that a man has the “Mi Vida Loca” tattoo by itself does not mean he is involved with a gang.

“It takes more than just one tattoo to say somebody is a gang member,” he said, in general. “We have seen people that have done prison time and have that tattoo. We have seen people who just want it because of their crazy life — ‘Mi Vida Loca.’ ”

In general, Morales added, simply because a man is a gang member would not necessarily make him more difficult for a law enforcement official to deal with.

During the first trial, Chapman requested the judge allow the inclusion of evidence of the tattoo because it is commonly associated with gang affiliation.

Woods argued the evidence should not be presented, because the victim was wearing gloves at the time, and as a result Corbett could not have seen the tattoo before he shot him.

Bury did not allow the defense to state the victim was a member of a gang, because there was no direct evidence of it. It is not known if the judge will allow the admission of the tattoo evidence in the second trial.

“Since there is zero evidence that he was ever in a gang — he wasn’t — I don’t believe the judge should even allow such questioning,” Woods to the Herald/Review. “The three-dot tattoo is common among Mexican youth. It symbolizes Mi Vida Loca, or My Crazy Life. I think it is safe to say that when Ricky Martin sang about it, it lost most of its gang appeal.”

Martin’s song titled “Livin’ La Vida Loca,” which means “Living the Crazy Life” in English, was released in 1999.

Dominguez-Rivera hired a coyote to bring him and his brothers and the girlfriend from Mexico into the United States in January of 2007. They agreed to pay the smuggler a total of $10,000.

On their journey, they encountered some U.S. Border Patrol agents. They decided to head back to Mexico. The smuggler told them he would try to cross with them again another day. But, as they were making their way back to Mexico, Corbett stopped them.

Chapman said Dominguez-Rivera was angry at Corbett because he was going to apprehend them so close to the border. Corbett had ruined their plans and so Dominguez-Rivera picked up the rock and attempted to smash his skull with it.

However, the relatives who witnessed the shooting said Corbett shot Dominguez-Rivera as he was surrendering.

Dominguez-Rivera’s tattoo and possible gang affiliation, as well as evidence regarding Corbett’s involvement in violent incidents in Mesa and Chandler last year and in Pennsylvania in 2003, could end up being factors in the next trial.

Woods stated: “We think jurors would like to know, and have a right to know, a little something about the pattern of violence behavior or character for peacefulness of defendants and victims.”

Chapman has declined to comment on the case.

During Corbett’s first trial, the prosecution said forensic evidence and an autopsy report, as well as eyewitness testimony, showed he shot Dominguez-Rivera unjustifiably and at very close range. Prosecutors also said he lied to Border Patrol agents when he told them what happened.

But the defense pointed out Corbett was never specific about the distance between himself and the victim. Also, the defense argued the eyewitnesses were negatively influenced by Mexican government officials. The defense also criticized Sheriff’s Office detectives for not conducting a proper investigation of the shooting.

Corbett’s supporters, including Local 2544 National Border Patrol Council in Tucson, believe the criminal charges never should have been brought against him.

“This entire investigation and prosecution have been handled in a disgraceful manner. We are convinced that agent Corbett acted in self-defense, and he showed great restraint in allowing the rock-wielding illegal alien to get so close to him before firing his gun,” Edward “Bud” Tuffly, president of the union, said in a statement at the end of the first trial.

At the conclusion of the first trial, Border Action Network, a civil rights group in Tucson, released a statement saying the mistrial “sends a message to Border Patrol agents that their acts of violence are above the rule of law and that there are no consequences for murder or other abuses.”

“Now, more than ever, Border Action Network calls on the Border Patrol, Department of Homeland Security and members of Congress to prevent the deaths of young men like Javier. This agency needs better and more frequent training for its agents as well as independent oversight to ensure that agency is accountable to the laws of this country, to the border communities where they operate and the basic rights and dignity that all people have,” it adds.