The Associated Press
TUCSON, Ariz. --
A Border Patrol agent charged with murder in the shooting of an illegal immigrant is asking to have his case moved from state to federal court, and prosecutors aren't objecting.
Lawyers for Nicholas Corbett argue that the agent's actions were necessary and proper to perform his duties as a federal law enforcement agent, so he is immune from state prosecution under the U.S. Constitution.
They have asked the U.S. District Court in Tucson to take over the case and asked Cochise County Superior Court this week to send the case to federal court.
Cochise County Attorney Ed Rheinheimer said Thursday that the petition "comes as no surprise, and we don't see any grounds to oppose it. We'll just let it run its course."
Sean Chapman, one of Corbett's lawyers, said he could not comment because the motion was pending before a federal court.
Corbett pleaded not guilty Aug. 20 to second-degree murder, manslaughter and negligent homicide in the shooting of Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico.
Corbett, 39, told a supervisor he shot Dominguez Rivera on June 12 near the border east of Naco after the man threatened him with a rock. Witnesses said Corbett shot him without provocation.
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08-31-07 08:57 PM #1
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Border Patrol Agent Wants Federal Trial
R.I.P. Officer Erfle —Phoenix, AZ Police—E.O.W. 09-18-2007
R.I.P. Officer Cortez--Phoenix, AZ Police--E.O.W. 07-27-2007
R.I.P. Officer Holly —Glendale, AZ Police—E.O.W. 02-19-2007
"The wicked flee when no man pursueth but the righteous are bold as a lion" Proverbs 28:1
U.S. Navy Law Enforcement / Master-At-Arms
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08-31-07 08:58 PM #2
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I’m curious about the last part of this story where it says “Witnesses said Corbett shot him without provocation”, I’m guessing that the “witnesses” would be other illegal immigrants and if so how reliable would they really be.
R.I.P. Officer Erfle —Phoenix, AZ Police—E.O.W. 09-18-2007
R.I.P. Officer Cortez--Phoenix, AZ Police--E.O.W. 07-27-2007
R.I.P. Officer Holly —Glendale, AZ Police—E.O.W. 02-19-2007
"The wicked flee when no man pursueth but the righteous are bold as a lion" Proverbs 28:1
U.S. Navy Law Enforcement / Master-At-Arms
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08-31-07 11:26 PM #3
always trust your dog
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It's pretty amazing how the Mexican govt. can house and feed the aliens who are going to testify against the agent, is it a surprise to anyone that they're all family? :rolleyes: While they (Mex govt.) can't seem to find the other 4 or 6 aliens who were inside the vehicle and witnessed the whole thing
Originally Posted by SO explorer
I just don't understand why the missing aliens wern't processed as witnesses and held. :confused:
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09-01-07 10:25 PM #4
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Unbelievable :mad: Originally Posted by BP348
R.I.P. Officer Erfle —Phoenix, AZ Police—E.O.W. 09-18-2007
R.I.P. Officer Cortez--Phoenix, AZ Police--E.O.W. 07-27-2007
R.I.P. Officer Holly —Glendale, AZ Police—E.O.W. 02-19-2007
"The wicked flee when no man pursueth but the righteous are bold as a lion" Proverbs 28:1
U.S. Navy Law Enforcement / Master-At-Arms
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