Skip to comments.Corbett case heading to U.S. court (in Tucson)
Posted on 08/30/2007 9:08:36 PM PDT by HiJinx
SIERRA VISTA U.S. Border Patrol Agent Nicholas Corbetts murder case is headed to federal court in Tucson.
The move comes several days after he entered a not guilty plea in Cochise County Superior Court.
On Aug. 23, Corbetts attorney Sean C. Chapman of Tucson filed a notice of removal in the U.S. District Court of Arizona, the Herald/Review learned late Wednesday.
Five days later, Chapman, 41, filed a similar notice with the Cochise County Superior Court where the case was last pending, according to Denise I. Lundin, the clerk of the Superior Court.
No further proceedings are anticipated in the Superior Court, says the clerks High Profile Cases page on the clerks Web site, which is under co.cochise.az.us.
The case has been assigned to U.S. District Judge David C. Bury, according to that courts criminal docket for the case that is now numbered 4:07-cr-01508-DCB-1.
As of Wednesday, the history of Corbetts case within the U.S. District Court did not indicate any action yet from Burys bench regarding Chapmans motion to remove the case from Cochise County Superior Court. Judge Charles A. Irwin was scheduled to hold a pre-trial hearing Oct. 29. Deputy county attorney Gerald Till is the prosecutor in the case.
Chapmans motion in federal court is made on the basis of the Supremacy Clause of the U.S. Constitution, basically arguing that a state court has no jurisdiction over a federal officer who is performing his duties.
On Jan. 12, the 39-year-old Corbett was patrolling the border about eight miles east of Naco when he used his service pistol to kill a 22-year-old Mexican man, Francisco Javier Dominguez Rivera. Corbett claims that Dominguez Rivera, an illegal immigrant, threatened him with a rock while he was apprehending the man and three of his family members who had also crossed with him.
Based on evidence that includes FBI investigations and forensic reports that contradict Corbetts official account of the events, the County Attorneys Office on April 23 charged him with first-degree murder, second-degree murder, manslaughter and negligent homicide.
The case was originally assigned to Alma Vildosola, justice of the peace at Justice Court 2 in Douglas. At Corbetts request, the case was reassigned to David Morales, presiding justice of the peace for Cochise County. Morales tossed out the first-degree charge on Aug. 6.
Corbett was arraigned on Aug. 20 before Cochise County Superior Court Judge Donna M. Beumler. At that time, Corbett entered not guilty pleas on the three charges against him.
County Attorney Ed Rheinheimer was not available for comment Wednesday evening.
Give the man a medal. After 911, our president should have issued a shoot to kill for anyone crossing our border illegally. Not doing so shows a lack of concern for the safety of American citizens.