Corbett jury sends note to judge, has two requests

Panel has deliberated for 13 hours over 3 days

By Jonathon Shacat
Herald/Review
Published/Last Modified on Monday, Nov 03, 2008 - 11:12:04 pm MST

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TUCSON — Jurors in Border Patrol Agent Nicholas Corbett’s murder trial deliberated part of the day Monday in U.S. District Court and then went home early to deal with personal matters.

The jury has deliberated for about 13 hours over the course of three days, including four hours on Monday. Jurors will return to the court Tuesday morning to continue deliberating.

Corbett is charged with second-degree murder, manslaughter and negligent homicide for shooting and killing Francisco Dominguez-Rivera near Naco on Jan. 12, 2007. Jurors can only convict on one count.

On Monday morning, the jurors sent a note to Judge David Bury with two requests.

They asked for access to “a scale to weigh something 30 pounds.” The judge denied their request.

The 30-pound figure is significant because that was the weight of the backpack worn by Dominguez-Rivera when he was shot.

The jurors also requested permission to get some magnifying glasses from their cars and bring them inside the jury room. The judge allowed them to do so.

On Friday, the panel had requested a large magnifying glass, and the judge gave them two different types.

It is not clear what the jurors are examining with the magnifying glasses.

Corbett’s trial started Oct. 21. Jurors began deliberating Thursday afternoon. The prosecution alleges that Corbett killed Dominguez-Rivera without justification. The defense claims he acted in self defense.

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Leon Trevino wrote on Nov 4, 2008 3:11 PM:

" 11-1 for acquittal. This was a waste of money, and Ed Rheinheimer knows it. He should be held accountable for this travesty.

Nick Corbett should never have been on trial. "

11-1 wrote on Nov 4, 2008 2:38 PM:

" The evidence has spoken Cochise. "

tim d wrote on Nov 4, 2008 2:16 PM:

" devil dog- had this occured on the battlefield, the shooter would have been court martialed. the military has higher standards for soldiers than the domestic police have when encountering civilians, illegal or not. "

To Devil Dog wrote on Nov 4, 2008 2:05 PM:

" What? Have you ever heard of the "Geneva Convention," or "Rules of Engagement?" What makes us hopefully different then animals and terrorists are these! If we declare "war" at the border then yes, we should shoot at will. I wish they would declare "war" so this can happen and good men will not end up in this situation. The borders are a farce, and our government is currently not declaring "war" there for their own political, economic, or whatever reasons. "

whaaaa wrote on Nov 4, 2008 1:21 PM:

" impartial_reader: seriously? a 30 pound knapsack means he's not a deadly threat? I hate to break your bubble, but 30-pounds definantly doesn't completely immobilize you. "

robert wrote on Nov 4, 2008 11:59 AM:

" so if it cost too much, let's wink at possible wrongdoing. So when someone murders your son or daughter, we can use the same logic. First estimate the cost, then abandon the case because we could use the money somewhere else. It's not your son who died and its not your son who is on trial. Both sons deserve a fair judicial process. "

zippy wrote on Nov 4, 2008 9:44 AM:

" and how did corbett know how much the backpack weighed when he was defending himself....? "

To Impartial Reader wrote on Nov 4, 2008 8:43 AM:

" What they are trying to figure out is how likely that the 30 lb backpack could have moved his jacket over to the side enough that it wouldn't be in the path of the bullet. That is what my guess would be, and I think that weight would likely pull the jacket back if the backpack is tightly strapped to the body. "

To Impartial wrote on Nov 4, 2008 8:18 AM:

" Hopefully your right. Justice will be done come one way or another. If the judge himself or the Jury decide unjustly, justice will come to them too. Justice is one thing nobody will escape. At the end, all us will account before the supreme commander. "

devil dog wrote on Nov 4, 2008 8:13 AM:

" the circumstances are no different than that of the modern battlefield, encountering prisoners of war. if they pose a threat, kill at will. your safety is first priority. the agent was doing his job under stressful conditions. he served his country as we do in the armed services with the exception of a different arena on our countrys borders. "

anon wrote on Nov 4, 2008 7:50 AM:

" Im glad the jury is seriously considering the evidence rather than ruling with their emotions. "

Concerned Citizen wrote on Nov 4, 2008 7:39 AM:

" FREE CORBETT! He is an American Hero and should be treated as such! He was just doing his job. HE WAS PROTECTING OUR BORDERS FROM ILLEGALS! He has done NOTHING wrong. FREE CORBETT! "

impartial_reader wrote on Nov 4, 2008 7:12 AM:

" It appears that the jury is figuring out how unlikely it is that an unarmed man with a 30 LB knapsack on his back could present a deadly threat to an armed officer. "

dallas wrote on Nov 4, 2008 6:14 AM:

" If a border patrol agent gets charged for a self defence shooting, what chance do the rest of have. "

Jody wrote on Nov 4, 2008 12:20 AM:

" News Flash: It sounds like neither the two of you have observed the trial or the evidence submitted to the jury. Without the facts one often makes haste and unthoughtful statements. Corbett is innocent until proven guilty. Let the jurors make that decision. "

Ted Morris wrote on Nov 3, 2008 11:38 PM:

" To the first commenter: Shacat did not write "this morning." That was an editing error by the night editors at the Herald as we posted the story online for Tuesday's readers. We have since corrected the error. Thank you for your patience and understanding. "

Leon T. wrote on Nov 3, 2008 8:32 PM:

" This will end in another hung jury. Cochise County will have spent about $500,000 trying to convict Agent Corbett. Grant Woods, Tyrone Mitchell, Lee Rappelyea, and all Woods' "expert" witnesses will fatten their bank accounts. Meanwhile, Cochise County is laying people off because there is no money left in the coffers. Ed Rheinheimer should be proud. Larry Dever should be proud. This entire "trial" has been a waste of money, just like the last one. Had Dever's detectives done their jobs we never would have had a trial. I'm disgusted. "

Geeze wrote on Nov 3, 2008 7:49 PM:

" Shacat lets fabricate news. You wrote "The jury has deliberated for about 13 hours over the course of three days, including four hours on Monday. Jurors will return to the court this morning to continue deliberating. Hey Shacat, news flash, it still is Monday. "