BISBEE — A federal judge in Tucson will not allow prosecutors of Border Patrol Agent Nicholas Corbett’s murder case to present evidence of the defendant’s alleged aggressive acts and racist remarks, but they can use the information to rebut his statements if he testifies during the trial.
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Corbett said he shot Dominguez-Rivera out of self-defense because the victim tried to smash his skull with a rock. Prosecutors said the shooting was not justified because Dominguez-Rivera was surrendering at the time of the apprehension.
The prosecution sought to introduce evidence that Corbett was physically aggressive against a neighbor in 2003 and a girlfriend in 2007, as well as made statements of hatred against minorities, including Mexicans.
Attorneys argued their positions on the potential admission of this prior act as evidence during a hearing Monday in U.S. District Court. Judge David Bury issued a written order on the matter.
“The court finds that the acts of aggression, some of which were perpetrated after the instant offense, do not go to establish motive, intent or state of mind at the time of the offense. Instead, the evidence improperly establishes that the defendant has a propensity for violence,” Bury states. “Any probative value to this evidence is far outweighed by its prejudice to the defendant and, therefore, inadmissible.
The judge states the alleged racial statements are not considered actions under the rule. Corbett’s statements only represented his opinions or thoughts, and did not show he posed a threat or potential for harm to Mexicans. “Simply hating a minority group does not establish a motivation to act aggressively against members of that group,” he states.
However, Bury ruled, prosecutors can use the evidence of statements of hatred if “the defendant opens the door to this line of questioning by his direct testimony.” And the evidence of acts of aggression would only be admissible “to rebut the defendant’s direct testimony.”
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