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Corbett mistrial leaves activists dissatisfied

By Jonathon Shacat
Herald/Review
Published/Last Modified on Thursday, Mar 13, 2008 - 05:21:52 am MST

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BISBEE — Representatives of some activist groups are not pleased with the outcome of Border Patrol Agent Nicholas Corbett’s murder trial.

Corbett was charged with second-degree murder, manslaughter and negligent homicide of Francisco Dominguez-Rivera, a Mexican who illegally entered the United States near Naco.

On Friday, U.S. District Court Judge David Bury declared a mistrial because the jury was unable to decide on a verdict. Prosecutors intend to retry the case.

Edward “Bud” Tuffly, president of the Local 2544 National Border Patrol Council in Tucson, said the union will continue to stand by Corbett’s side.

“We are extremely disappointed that this trial did not result in an acquittal for agent Corbett. We remain 100 percent committed in our support of agent Corbett. We are saddened that he has paid such a high price for doing his job,” he said in a statement.

Cecile Lumer of Citizens for Border Solutions, a Bisbee group that is part of the No More Deaths Coalition, said a conviction in this case is important. “We are glad there is going to be a retrial,” she said.

“We feel that if he is freed, it says to the Border Patrol that you can do whatever you want and you can kill people,” she added.

Al Garza, national executive director of Minuteman Civil Defense Corps, said he does not think Corbett’s case should be in court.

“If our federal government had done what it was supposed to do, we wouldn’t have this aftereffect,” he said. “The borders are wide open, and they are dangerous. These guys in the Border Patrol are constantly suffering the consequences of the dangerous elements that exist throughout the borders.”

Efforts were unsuccessful to get comments regarding the Corbett case from an official at the Mexican Consulate in Tucson.

Corbett claims he fatally shot Dominguez-Rivera out of self-defense to prevent the victim from smashing his skull with a rock last year. Prosecutors, however, say the killing was not justified.

Judge Bury scheduled a new trial for April 22, but that date will likely be changed due to a scheduling conflict with one of the defense attorneys.

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

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Eddie Leon wrote on Mar 21, 2008 9:12 AM:

" Corbett's gun did not go off "accidentally". I don't know what you've been reading, but it's wrong. Ramos and Compean DID report their shooting incident. If you think they should be rotting away in solitary for what they did you should have your head examined. Do a little digging so you can find the truth, instead of reading biased headlines and coming to wrong conclusions. "

amazed wrote on Mar 20, 2008 10:17 AM:

" There are bad apples in every profession. Ramos and Campean did the right thing? Didn't they clean up the crime scene and not report the shooting? Is that the way we want law enforcement to act? From what I have read, it seems Corbett's gun went off accidentally. Why didn't he give a statement to investigators if he believed what he did was right? Seems like he was trying to hide something to me. I respect all law enforcement, but they are held to a higher standard. "

Eddie Leon wrote on Mar 20, 2008 8:19 AM:

" How much did Rheinheimer pay to provide Grant Woods another platform to further Woods' political career? Woods lost. Why don't they come out with the dollar amount? Rheinheimer needs to come clean and disclose how much Cochise County money he wasted on this fiasco. "

BJ13 wrote on Mar 20, 2008 6:24 AM:

" Cecile maybe you should go to Mexico and see how they treat you. Better yet, we will send all the illegals to live with you, you can feed them, clothe them and take care of their medical bills, because I for one and tired of working myself to death to pay for them. "

mrrogers wrote on Mar 19, 2008 8:58 PM:

" its sad to see a person dedicated to upholding the laws of the united states and puttting there life on the line every time they go to work. i commend officer corbett for his professionalism. no doubt anyone would want there skull bashed in by an person wielding a rock, these people are true patriots. putting there live on the line every time they go out on a shift its sad to see anyone particularly grant wooods advocating conviction for a an act of self denfense
"

paul wrote on Mar 19, 2008 11:40 AM:

" I know of many hard-working, professional soldiers who were thinking about a post-military career in BP. Now they've tossed the idea aside because they've seen that should they find themselves in a life-death situation and took self defense measures, nobody's got their back and they'd be jailed, perhaps for life and not even their own government will be there to help defend them. Sad situation, indeed. "

Sad recourse wrote on Mar 18, 2008 2:03 PM:

" Every day agents are aggressed upon by people breaking the law and entering our country illegally. It will be a sad situation if they show reserve in the right to protect because of prosecutions. Imagine the hoopla that will be made if an agent hesitates to use enough force to keep an innocent citizen safe from one of these people who show no regard to our country, our government, our citizens and our law inforcement. BP agents put their lives on the line for our freedom, it is sad to think doing so would cost them theirs! "

shameshame wrote on Mar 18, 2008 8:24 AM:

" Rivera was a ILLEGAL, entering the US ILLEGALLY - therefore,a criminal. Perhaps he should have stayed in Mexico where be belonged. This entire trial is a sham. "

Mae wrote on Mar 18, 2008 7:51 AM:

" Cecile do you not understand criminals do not have rights when committing a crime. If this group had came across legally this trial would not be needed but they did not so they should not have any rights in the middle of the crime they were commiting when this happened. The agent did his job. the illegals are the problem here and they should have to pay the cost of the trial not taxpayers. They were the aggressors by coming where they did not belong and took that risk. so they deserve what they got. "

To Carol wrote on Mar 13, 2008 9:14 AM wrote on Mar 18, 2008 7:38 AM:

" Are you that naive? Please educate yourself. I know you are reading this, so kindly answer this question...would you walk along the border by yourself in the dark with only a flashlight? Do you really think the only people coming across are families looking for a better life? There are also drug cartels trying to get their drugs across the border. They're trying to get a better life too, huh? Now tell me it isn't so bad. I, too, am a woman with children who USED to go hiking in the mountains. "

Anonymous wrote on Mar 17, 2008 10:37 PM:

" To Lumar or Carol

Have either of you ever been sniped at because of the uniform you are wearing. I doubt it! You're probably the kind that sit behind the scenes and just send young men to die for your causes. Not thinking a second about them or there families. "Anonymous" "

It's our fault wrote on Mar 16, 2008 3:56 PM:

" Lumar- Let me guess you are being paid by the Mexican Government. You probably think that these people are just coming here to work too. right? I'm sure you would love to cover up the number of illegal aliens locked up for serious crimes like, murder, rape and robbery. It's our fault right? YOU ARE AN IDIOT. I believe a formal investigation should be conducted against you. YOU, like the Prosecutor are TRAITOR'S TO THIS COUNTRY. -God Bless America and God Bless the Men in Green. "

To Lumer wrote on Mar 16, 2008 12:49 PM:

" How would you act if you were working along the border? All of a sudden your vehicle is being rocked from above; then aliens come running out of the brush. They rock the vehicle left to right, As you sit inside calling for back up. Which is approximately 20 to 40 minutes away if you are lucky. Do YOU want to see your children? Anonymous "

me wrote on Mar 16, 2008 8:02 AM:

" To Carol,
Now try going on your nice little hike in the desert near the border in a BP uniform. You wouldn't feel so secure then, would you? No, you wouldn't, because, deep down, you know that the hatred for BP exists which makes an already dangerous job, even more so. "

T.W. Johnson wrote on Mar 15, 2008 7:17 PM:

" How many times have we yelled at the T.V. because Bret Farve, Tony Romo, or Payton or Eli did not make the perfect pass, or scramble. Arm chair quarterbacks are never in short supply. When the stakes are the highest, life or death, six or ten or a hundred to one, it is real easy to say what you would've done or could've done. Bottom line is if you have never stood the line, don't try to make us serve the time! Nick did nothing wrong let him go and set Ramos & Compean free too! "

angry mexican/american wrote on Mar 15, 2008 8:50 AM:

" How bout The agents that have been killed from various smugglers. The families that suffer in Mexico from a corupt government a government that has members in the consul here in the U.S. When was the last time they were in parts of Chihuahua, Coahuila, Nuevo Leon or lets not go that far go to Nogales cross the border and turneast look at the way the families live there Lumer go there and raise awareness against the government of the Mexican people. O yeah U won't have the xposure there or theU.S. toprotect U from A CORUPT Mex GOV "

angry mexican/american wrote on Mar 15, 2008 8:38 AM:

" This country may not be perfect but it is the best there is. And if we continue to be sheep in Cochise County we will be as bad as areas in Mexico. It is not a white and brown thing like Ms. Lumer has made it look.I am proud to be American and proud of my Mexican heritage. Just like certain B.P. have gone wrong so it is that not all coming through in the country are coming to work. 6 witnesses only the 3 family members were used a court room filled with Mexican Council members the outside fullofanti-americangroups1/4milpaidtoaprosecuterYEAHJUSTICE "

Anonymous wrote on Mar 15, 2008 6:45 AM:

" I have been protecting the Border for approximately 20 years. Violance is tremendousely on the rise. Two thoughs come to mind: "The buck stops here." and “The only thing necessary for the triumph of Evil is for Good Men to do Nothing.” Is this what the United States of America wants? "

The other side wrote on Mar 14, 2008 7:46 PM:

" I have heard how important this case is to the special (Illegal Alien) interest groups. They state, "We feel that if he is freed, it says to the Border Patrol that you can do whatever you want and you can kill people". Does it not also tell the Illegals that they can come to our country, break our laws, and then accuse Border Patrol Agents of murder? "

anonymous wrote on Mar 14, 2008 6:30 PM:

" Davis killed Goliath with a stone. I wish these people who are so quick to judge would be involved in Border violance daily like the people who are sworn to protect it. "

G.E. McCubbin III wrote on Mar 14, 2008 6:12 PM:

" Ms. Lumer's statement is so far out in left field as is most of her statements are. It is VERY unfortunate what occurred for everyone involved. There is no Law Enforcement Officer who wishes to be placed in that situation. Agent Corbett acted professionally and properly considering all the relevant facts. No one should allow politics to interfere with this type of situation and the decision makers of Cochise County did exactly that. Everyone should be thanking the men and women of the Border Patrol, not try to convict them for doing their jobs. "

Leon Trevino wrote on Mar 14, 2008 5:17 PM:

" This prosecution was a disgrace to start with. They spent all that money, and what did they get?

Ed Rheinheimer is a servant to his master, Grant Woods. STOP spending our money on this prosecution Mr. Rheinheimer! A self-defense shooting by a cop is just that. Self-defense. These illegal alien apologists who want to beat the drums and scream "murder" need to crawl back in their caves. They don't want the Border Patrol around. They'd put them all in jail if they got their way. Time for Ed Rheinheimer to stop the insanity or face the consequences. "

To Carol wrote on Mar 14, 2008 11:58 AM:

" What you are doing is aiding and abetting a criminal. Illegal aliens are criminals and they are in the process of breaking the law when they are entering our country illegally. Therefore, no, they aren't just "lost," they are criminals that you are helping. "

Stop The Insanity! wrote on Mar 14, 2008 6:01 AM:

" Should've been an acquittal. There shouldn't be a retrial. Quit wasting our taxpayer money! The man was only doing his job. It's past time to seal the borders and deport all illegal aliens! The Cecile Lumers of the world can go with them, too. "

Anglo Witch wrote on Mar 13, 2008 10:49 PM:

" Cecile Lumer? The Mexican apologist who visits with Commandante Marcos in Chiapis (according to her). Her loyalty is certainly not to justice for all, only Mexicans or Latins. Mexicans feel we took the southwest and we did take half of Mexico 150 years ago. And look at what they did with what we left them! Now they want to creep back. Take your reform measures home to Mexico, Cecile, and work for change in Mexico starting with birth control so people can feed the kids they birth, educate them and provide employment. "

Lumer is wrote on Mar 13, 2008 12:48 PM:

" another one stereotyping. Shame on you. How many Border Patrol agents go around killing illegals? How many illegals kill Americans? Look at how many BP agents save and help illegals DAILY. If you had any sense, you would be thanking them.

The bad guys are the coyotes and the people who encourage this, like you. You are a disgrace for your insinuations. Be brave Mr. Lumen, tell us all what YOU do so we can all criticize YOU, without really knowing you, as you are doing to the Border Patrol. "

Tim wrote on Mar 13, 2008 10:19 AM:

" There should be no retrial.

If the County Board of Supervisors approves more money for this effort they should be recalled.

The Cochise County Attorney told the Board of Supervisors that his department is incapable of handling such a case and wanted to hire an outside attorney, Grant Woods, at a high price outside of the Coutny Attorney's budget.

If the Cochise County Attorney cannot personnaly handle the case and no other government entity would touch it, hiring outside counsel and investigators smacks of personal vendetta at our expense. "

3 in the truck wrote on Mar 13, 2008 10:18 AM:

" The 3 in the truck had statements that didn't match the 3 family members, so of course, it was felt they didn't need to be kept in the U.S. They were sent back to Mexico. Why, well because their story wouldn't help the prosecution of a agent doing his job and protecting himself. "

Carol wrote on Mar 13, 2008 9:14 AM:

" To Dare: I have been out hiking in this are, alone or with firends or my kids. Not only hiking but also 4-wheeling in areas only reach able the 4 wheel drive. Not only is not as bad as you think but if you do come across a group they usually go there on way. Sometime we also offer water or food. If anything they ask for, it is directions. They are not bad people, just lost. Now your turn, get out and enjoy the outdoors!!!! "

KB wrote on Mar 13, 2008 7:21 AM:

" Wow, two statements pro-Border Patrol and only one negative statement? Is the Herald losing it's touch or is it desperately trying to convince it's readership that it isn't biased? And, surprise of all surprises ... nothing from BAN! "

I am so fed up wrote on Mar 13, 2008 6:45 AM:

" with this stereotyping of ALL border patrol agents. It is bad enough that Cochise County has made the accusation in court that agents have rocks at their disposal to fake "rockings" and these "rights" groups making false accusations.

Makes you wonder, Do they ask their kids EVERY day if they have been sexually assaulted at school? I mean we know that there are assaults on kids at schools, but some of us are smart enough to realize this is not normal.

They are doing this to all BP agents--stereotyping. It is sick. "

RAD wrote on Mar 13, 2008 6:38 AM:

" Because of the jury being unable to reach a verdict, I hope the Judge dismisses the case, based on Supremacy laws as it is clear the Mexican Counsulate has had extreme influnce over the witnesses(I mean family). Also, If the jury couldn't convict, some must of thought he acted under the color of law. BTW, what happened to the three reportedly in the back of the truck who, also, witnessed the event. "

Dare you wrote on Mar 13, 2008 6:34 AM:

" Cecile Lumer of Citizens for Border Solutions I dare you to go for a hike alone in a corridor where all the illegals are crossing. You are all for the illegals, while sitting safely in your home, being protected by the BP. "