BISBEE — The Cochise County Attorney’s Office does not plan to continue to prosecute U.S. Border Patrol Agent Nicholas Corbett for killing an illegal immigrant from Mexico in the desert near Naco last year.
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The prosecution is asking the court to dismiss the charges of second-degree murder, manslaughter and negligent homicide in the death of Francisco Dominguez-Rivera.
County Attorney Ed Rheinheimer could not be reached for comment on the matter because he is out of the country on vacation.
On Thursday, Doyle Johnstun, chief deputy county attorney, said the decision to dismiss the case was made based on the unlikelihood of getting a conviction due to the fact the two trials resulted in hung juries.
He pointed out the prosecution is seeking dismissal of the charges “without prejudice,” which basically leaves the case open.
“It could be re-filed in the future if it ever looks like we have a better chance,” he said. “There is no statute of limitations for murder. I don’t know if in the future some new evidence might come to light or what might change.”
Lead special prosecutor Grant Woods said he is interested in whether technology will soon allow for enhancement of video footage of the incident to the point that it will clearly show exactly what happened.
“The Sheriff’s Office and the county attorney were very diligent here and charged a very difficult case because it was the right thing to do. The people of Cochise County should be proud of them,” he said.
Sean Chapman, the lead defense attorney in the case, said he and assistant defense attorney Jim Calle were “delighted” to hear the news of the prosecution’s motion to dismiss the case.
“We have always believed that Corbett was innocent. We are happy that this burden has been removed and that he can get on with his life,” Chapman said.
However, Corbett now faces a personal lawsuit that was filed Wednesday by attorneys representing the parents.
Chapman said he was hired to represent Corbett in the criminal case, but he will not handle the civil lawsuit.
“In all likelihood, for that kind of lawsuit, he will be provided with a defense from the Department of Justice,” he said.
“Traditionally, when there is a lawsuit like this, the civil division of the U.S. attorney ends up defending him.”
Peter Schey, president of the Center for Human Rights and Constitutional Law, which represented the victim’s family on the criminal case, said he is “disappointed” there won’t be a third prosecution, but he understands the considerations that went into making that choice.
“We respect the decision of the prosecutor and believe that he did his best to secure a conviction in this case,” he said.
“We have learned that the (second) jury did not believe Mr. Corbett and believed witnesses, but felt there was sufficient ambiguity that made it difficult to arrive at a consensus on the criminal liability. We believe Mr. Corbett will be found guilty in the civil case because the burden of proof is far less and his violent history will more likely be admissible.”
Corbett has received support from the Local 2544 National Border Patrol Council in Tucson.
Bud Tuffly, president of the union, could not be reached for comment.
Prosecutors alleged Corbett killed Dominguez-Rivera without justification as he was surrendering on Jan. 12, 2007.
The defense maintained Corbett shot the victim to defend himself from a rock during hand-to-hand combat.
The following is a brief timeline of the case:
• Jan. 12, 2007 — Nicholas Corbett fatally shoots Francisco Dominguez-Rivera near Naco.
• Jan. 17, 2007 — Guery Flores, Cochise County’s medical examiner, performs an autopsy on Dominguez-Rivera.
• Feb. 27, 2007 — Cochise County Sheriff’s Office completes its investigation and forwards a report to the County Attorney’s Office.
• April 23, 2007 — Cochise County Attorney’s Office charges Corbett with first-degree murder, second-degree murder, manslaughter and negligent homicide.
• Aug. 6, 2007 — The first-degree murder charge is dismissed during a preliminary hearing in Justice Court in Cochise County.
• Sept. 24, 2007 — Corbett’s case gets moved to federal court in Tucson.
• Nov. 6, 2007 — Cochise County Attorney’s Office hires former state attorney general Grant Woods and Tyrone Mitchell as special prosecutors.
• Dec. 17, 2007 — Judge David Bury agrees to allow Jim Calle to replace Daniel Santander as one of the defense attorneys. Sean Chapman remains in his position.
• Jan. 17, 2008 — Corbett’s defense team goes to scene and finds gloves belonging to the victim that detectives had failed to collect as evidence.
• Feb. 26 to March 7, 2008 — Corbett’s first trial takes place in federal court in Tucson. Bury declares a mistrial after jury is unable to make a decision.
• June 22, 2008 — The defense files a motion seeking to change the venue of the second trial to Phoenix due to ongoing publicity.
• July 31, 2008 — Bury denies the change of venue motion.
• Sept. 30, 2008 — Bury refuses to let prosecutors present evidence of Corbett’s alleged aggressive acts and racist remarks.
• Oct. 21 to Nov. 4, 2008 — The second trial is held in federal court in Tucson. Bury declares a mistrial due to a hung jury.
• Dec. 10, 2008 — The victim’s parents file a lawsuit against Corbett in federal court in Tucson.
• Dec. 11, 2008 — Prosecutors file motion to dismiss the criminal case.
Comments
drug runner wrote on Dec 23, 2008 1:27 AM:
If you would open up your eyes you would see that all this does is declare "open season" on ALL Mexicans, born here or not. Shoot first ask questions later, it really doesn't matter because we are protected behind our badge. So the will most likely shoot a real "Mexicano". "
El mexicano wrote on Dec 21, 2008 5:35 PM:
Student wrote on Dec 19, 2008 7:56 AM:
rana wrote on Dec 16, 2008 10:45 AM:
drug runner wrote on Dec 15, 2008 7:49 PM:
former cop wrote on Dec 13, 2008 5:07 PM: