Attorneys for agent charged with murder seek dismissal of case

By Jonathon Shacat
Herald/Review
Published/Last Modified on Saturday, Jan 19, 2008 - 06:19:09 am MST

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BISBEE — Attorneys representing a U.S. Border Patrol agent charged with murdering an illegal immigrant near Naco filed a motion Friday in U.S. District Court in Tucson requesting the judge dismiss the case.

Nicholas Corbett killed Francisco Dominguez-Rivera of Mexico on Jan. 12, 2007. He is charged with second-degree murder, manslaughter and negligent homicide.

Sean Chapman and Jim Calle, the attorneys defending Corbett, argue that their client was protected by the Supremacy Clause because he was working as a federal law enforcement officer.

“The Supremacy Clause of the U.S. Constitution provides immunity from state prosecution for federal agents who were acting under federal authority and whose actions were necessary and proper to carry out their law enforcement authority,” the motion says.

In an e-mail to the Herald/Review on Friday, Grant Woods, the lead special prosecutor for the case, said he had reviewed the motion to dismiss.

“We will respond shortly, but suffice it to say that the Supremecy Clause does not shield a murder,” he states.

According to the motion, Dominguez-Rivera, his brothers, Jorge and Rene, and his sister-in-law, Sandra Vidal Guzman, illegally entered the United States with a group of other Mexican nationals on Jan. 12, 2007. At one point, the group spotted a Border Patrol vehicle and began to scatter.

The Dominguez brothers and Guzman talked with their coyote and decided to cross back into Mexico. The coyote ran back toward the border and many members of the group followed him. Guzman was unable to keep up and she told the brothers to stop running.

When they were within a few hundred yards of the border, they saw another Border Patrol vehicle. Some members of the group arrived back in Mexico, but some others were picked up by the Border Patrol. Corbett, who was driving a Border Patrol vehicle, pursued the brothers and Guzman. They continued to try to evade capture until Corbett eventually stopped them.

“As agent Corbett stopped his vehicle, he saw Francisco pick up a rock. Corbett already had three aliens in his vehicle that he had arrested moments earlier. Agent Corbett exited his vehicle and drew his weapon. Agent Corbett began issuing commands in Spanish for Francisco and his group to stop and get down. Three of the aliens complied. Francisco did not,” the motion says.

“As agent Corbett came around his vehicle, he was confronted face-to-face by Francisco who attempted to hit agent Corbett with the rock. Fearing serious bodily injury or death, agent Corbett fired one round from his service-issued handgun and killed Francisco,” it continues.

The Cochise County Attorney’s Office charged Corbett on April 23 based on evidence that includes FBI investigations and forensic reports that contradict his account of the events as told to his supervisors at the Border Patrol’s Naco Station.

HERALD/REVIEW reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.

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sierravistan wrote on Jan 21, 2008 7:37 AM:

" "Corbett Case"...you are correct, now let us SEE is the same zealous push is done on the Yuma case, or do we just prosecute our law enforcement and not the illegals...we shall see... "

But Yes: wrote on Jan 20, 2008 9:15 PM:

" The killing of a BP agent is related to this, it shows that the illegals have no respect for the laws of this country, and will kill anyone that gets in their way. They have no respect for life, even thier own kind, they leave them behind to die, if necessary to get further into the US "

The Corbett Case wrote on Jan 20, 2008 6:54 PM:

" The Corbett Case will and should be tried like any other case. If the evidence is so clear why are his supporters so afraid and upset about having a trial. Police and supporters always say, "if you have done nothing wrong then you have nothing to fear from police, procecuters, or the justice system. The case in Yuma is tragic for the family but unrelated to the Corbett case. I really hope all law enforcement agencies will review and train on the proper procedure for throwing out spikes safely next time. They signed up fordanger. "

sierravistan wrote on Jan 20, 2008 4:13 PM:

" these guys, the BP are on the front line defending this great nation against a bunch of thugs..they deserve ALL the support we can give them... "

Murphy wrote on Jan 20, 2008 9:39 AM:

" All you good folks are entitled to your opinions, but are going to be awfully irate when the verdict is handed down. "

Here is the killers wrote on Jan 19, 2008 9:54 PM:

"
YUMA - A U.S. Border Patrol agent was killed Saturday when he was struck by a fleeing vehicle along the border in southeastern California, agency officials said.

The agent was trying to stop a vehicle that had illegally entered the country from Mexico when he was hit, said agent Eric Anderson, a spokesman for the agency's Yuma sector. The incident happened in the Imperial Sand Dunes Recreation Area "

Fred wrote on Jan 19, 2008 9:19 PM:

" Prior to and since that incident Illegals have KILLED {Murdered} several Border Patrol Agents. These CRIMINALS are killing American and mr rhineheimer continues to hire legal hit teams to persecute {I meant persecute not prosecute}Agent Corbett. It has been proven that the Mexican Government is telling these ILLEGALS to attack American Border Patrol Agents. This Case should be Dropped and mr rhineheimer prosecuted for wasting county money, like Nifong was in NC. "

Ricardo wrote on Jan 19, 2008 9:30 AM:

" If what occurred on that day happend the way it is portrayed in this article it seems like a clear cut case of self defence. Agent Corbett did what he was trained to do, stop an unwanted act form occurring. "

Drop it: wrote on Jan 19, 2008 7:28 AM:

" They might as well drop the charges, as he will be found not guilty if tried. Corbett was just doing his job, arresting criminals. And all the prosecutor has for witnesses are the lying illegal relatives, who were coached by the Mexicans, who are probably living of the prosecutor's funds until the trial. Corbett is worthy of BP agent of the month. "

sierravistan wrote on Jan 19, 2008 6:29 AM:

" unless there is evidence to the contrary, this is a clear case of self-defense, he was threatened by a "criminal" (being illegal makes him a crimnal with no regard or respect for the law)with a rock in his hand, in a throwing postion...I would have shot him also! "