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TUCSON — The testimony from three people in U.S. District Court on Wednesday began to paint the picture of what happened when a Border Patrol agent killed an illegal immigrant from Mexico near Naco last year.
Before the testimony, attorneys gave opening statements to the jury. The prosecution then called its first three witnesses to the stand, including a Border Patrol agent, a criminalist and one of the victim’s brothers.
Grant Woods, the lead special prosecutor, told the jury there is an “overwhelming” amount of evidence in this case, including testimony from three eyewitnesses, ballistics, forensics, autopsy results and video footage of the incident.
He said Border Patrol Agent Nicholas Corbett claims to have fired the gun during a face-to-face confrontation with the victim, but the evidence will show the bullet entered the victim’s body in his left armpit and became lodged in his right lower abdomen. He said Corbett “lied” to try to justify what happened.
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Sean Chapman, the lead defense attorney, said the three witnesses are “lying,” and Cochise County Sheriff’s Office detectives conducted “a horrible investigation.” He pointed out that officials failed to preserve gloves that were worn by the victim at the time of the shooting. Those gloves could have been tested to support Corbett’s claim that the victim held a rock.
He said Corbett did not want to shoot the victim, but he was forced to do so out of self-defense. The victim was trying to “crush his skull” with a “baseball or softball-sized” rock. He said the defense agrees the shot was fired at very close range.
Corbett is charged with second-degree murder, manslaughter and negligent homicide for fatally shooting Francisco Dominguez-Rivera. His trial began Tuesday and is expected to last up to two weeks.
The victim illegally entered the United States with his two brothers, Jorge and Rene, and Jorge’s girlfriend, Sandra Guzman. Border Patrol officials spotted the group, and they were eventually stopped by Corbett.
John Maciulla, a criminalist, testified on Wednesday that he conducted tests on Corbett’s gun and the victim’s clothing. He said the gun was functioning normally. He said the presence of gunshot residue indicates the shot was fired between 3 inches and 2 1/2 feet away from the victim. Burnt fiber testing showed the gun was at a distance of between 3 to 12 inches.
During cross-examination by Jim Calle, one of the defense attorneys, Maciulla acknowledged that the Cochise County Sheriff’s Office could have requested an examination of Corbett’s uniform for possible gunshot residue. He also acknowledged the gun’s handle could have been tested for the presence of skin, hair or DNA to determine if it is true that Corbett struck the victim with it.
Steve Berg, who was the first Border Patrol agent to respond to the shooting, said he heard the gunshot and then heard a “shots fired” call from Corbett via a hand-held radio. He arrived at the scene about 90 seconds later.
He said Corbett was attempting to remove the clothing of the victim. The victim’s brothers and a girlfriend were sitting on the ground nearby. Berg handcuffed the three individuals and then tried to expose the wounds of the victim. He checked for a pulse but was unable to find it.
Berg said that when Border Patrol field supervisor Murray Adams arrived, Corbett said he fired his weapon because the victim had a rock and he threatened to throw it at him. During cross-examination by Calle, he said Corbett was not specific about the distance between himself and the victim at the time of the shooting.
Jorge Dominguez-Rivera, one of the victim’s brothers, testified that he and his brothers and the girlfriend surrendered to Corbett. He said they did not pick up a rock or threaten Corbett in any way.
The defense did not get an opportunity to cross-examine the victim’s brother on Wednesday, but will do so this morning.
The victim’s parents were present in the courtroom on Wednesday. The mother became emotional at different times throughout the day. The father, Renato Dominguez, was supposed to testify, but the prosecution decided not to call him to the stand.
On Tuesday, Chapman said he would object to allowing the father to testify. He said the father would only “invoke sympathy” and would not add any “probative value” to the case. He said testimony regarding his son’s good character would open the door and allow him to inquire if the victim had gang affiliation and therefore was aggressive.
Woods said it would be “unbelievable” not to let the father explain to the jury that his son was bringing his brothers and the girlfriend to New York to get jobs.
Judge David Bury said the father’s testimony would need to offer evidence that is relevant to the charges. He also said he thinks Woods knows what is relevant to the case. But, on Wednesday, Bury said he was not sure the father’s testimony would be relevant.
Woods ended up deciding that he would ask the brothers to testify regarding the background of why they were crossing the border and where they were going.
Woods also told the judge that on Friday he intends to present evidence of prior bad acts that were committed by Corbett that shows violence or a propensity toward violence. Chapman inquired why this evidence was not disclosed prior to the trial. Woods said he was just made aware of these incidents.
Judge Bury said the prosecuting attorneys will need to explain why it took more than a year to obtain the information.
Herald/Review Reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.
leo friend wrote on Mar 1, 2008 7:56 AM: