Posted on 03/06/2008 3:12:02 PM PST by radar101
TUCSON, Ariz. – Jurors deliberating the case of a U.S. Border Patrol agent charged with fatally shooting an illegal immigrant from Mexico said Thursday that they are deadlocked. The jury had spent about 11 hours deliberating when they sent a note to the federal judge hearing the case late in the morning.
The judge sent them back after telling them to redouble their efforts to reach a verdict.
But U.S. District Judge David C. Bury told attorneys after jurors left the courtroom that he was inclined to declare a mistrial if they couldn't reach a verdict by the end of the day.
“It doesn't look like a real happy bunch,” Bury said. “If I don't hear from them, then I fear they don't know. They may feel they have to spend the next month or so of their lives locked up, and I don't want them to feel that pressure.”
The jury's note said they were split between acquitting agent Nicholas Corbett and convicting him, special prosecutor Grant Wood said.
Corbett is charged with second-degree murder, manslaughter and negligent homicide in the January 2007 death of 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico. The jury can convict on only one of the charges.
Dominguez was crossing the southern Arizona desert along with his two brothers and a woman when Corbett spotted them, raced up in his Border Patrol truck and the fatal confrontation took place.
Dominguez's brothers testified that he was going to his knees to surrender when Corbett shot him.
Corbett testified that Dominguez was getting ready to heave a rock at his head and he fired in self-defense.
The case is unusual because it involves state criminal charges but is being tried in federal court because Corbett is a federal law enforcement agent.
A. Sounds like the Jury didn’t buy the U.S.Gov’t BS
B. State charges tried in Federal Court: THEY ARE REALLY GOING OUT OF THEIR WAY TO PERSECUTE THIS AGENT.
Unlike Lord Horiuchi; he was initially charged on an Idaho state charge, but the Feds pulled rank and dismissed the charges.
I call.....LIARS
It is the other illegal immigrants word against this border patrol agent. And yes, it looks like they are trying to fry this guy for political reasons.
Or was that a different case? It sounds like the same one.
If it is, the jury obviously was not shown that video.
Feb. 6: The Arizona chapter of the National Border Patrol Council (the agents’ union) claims the Mexican Consulate was allowed to interview some of the six witnesses to the shooting before U.S. investigators, thus tainting the investigation. Cochise County Sheriff’s Office investigators and the Mexican Consulate deny the claims.
WHO DO YOU BELIEVE?
That was a different incident.
I think that the government can expect a lot of jury “verdicts” like this one, if it continues to maintain the current immigration policy.
“If it is, the jury obviously was not shown that video.”
I am sure there are a lot of jurors who would convict if the agent shot him for getting ready to throw a stone.
Jurists Gomez, Hernandez, Chavez, Hernandez, Jiminez, Carancha, Hernandez, Hernandez, Hernandez and Dominguez believed to be agonizing over the verdict.
/I keed
The State DA indicted the agent in state court; the agent invoked his right under federal law to have the case heard in federal court. It is still the state DA that is prosecuting the case, not the federal DOJ.
If all the prosecution has are the lying words of two criminals, I don’t understand how this case ever went forward. Is there any other evidence? How can they get away with charging the guy with second-degree murder, manslaughter and negligent homicide, all at the same time? He didn’t shoot three people, he shot one. That’s a bit of overkill if you ask me. If the border agent was lying, why would he let the other two live so they could testify against him? He should have just shot all three and put an end to it.
Well, different circumstances. Lon was shooting at Americans. This bad guy was altercating with our SOB (South Of the Border) overlords. What the hell was the guy thinking?
Not me.
If that rock has hit and disabled him, he was dead meat. I’d consider it perfectly justifiable self-defense.
You know what? Some leos are a**h**les but no one has said anything about this guy yet, so what the hell is your beef? You mad at people who point out corrupt leos behaviour? You mad because some leos break the law? The fact is, we all want our leos to be honest and obey the law, not believe they are above the law.
This guy is obviously being railroaded, so we stand behind him. When leos break into the wrong house on a drug raid and kill innocent people we get pissed. Nothing wrong with that. Get over yourself and give the people on FR the benefit of the doubt.
Absolutely correct. The FBI and US Attorneys Office declined prosecution so they filed state charges anyway.
Different situation. Most of those who automatically suspect law enforcement are simply wary of the government, a healthy outlook on life, IMHO. LEO’s work for the government. Protecting us from an invasion of non-ctizens is one of the few things the federal goobermint actually has any business doing, so of course they have no stomach for it.
If there are still questions, I present you with Still Thinking’s hierarchy of who should prevail and who should get the benefit of the doubt:
Individuals
Businesses
State governments
Federal government
Non-citizens
Illegals
So there are some who rank even lower than state actors in the hierarchy.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.