It’s official: Border Patrol agent Nicholas Corbett won’t be tried again in an illegal immigrant’s shooting death.
U.S. District Court Judge David Bury has granted a prosecution motion to dismiss second-degree murder, manslaughter and negligent homicide charges, without prejudice, meaning hey can be refiled if new evidence is developed.
Two trials in 2008 ended with jurors deadlocked. The first, 10-2 for conviction, the second 11-1 for acquittal.
Bury’s action last month ends criminal proceedings stemming from the Jan. 12, 2007 murder of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico, in Cochise County.
But Corbett also faces a $7.5 million dollarcivil suit Dominguez’s family filed last month.
Notice of intent has been filed with the US government to file a civil rights suit against Corbett and the USDOJ.
A Border Patrol spokesman in Washington said Corbett remains on administrative duties while an internal investigation continues.