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November 4, 2008
Second Mistrial in Arizona Border Patrol Agent Murder Trial
After two weeks of evidence presentation and two days of deliberations in the Tucson DeConcini federal court house, a jury of 12 men and women could not come to a unanimous conclusion as to the guilt or innocence of Border Patrol agent Nicholas Corbett who faced 2nd degree murder, manslaughter or negligent homicide charges for the January 12, 2007 shooting death of Francisco Javier Dominguez Rivera near Naco, Arizona.
The trial and the mistrial before it, has been closely followed by groups like Border Action Network whose membership includes people who live along the Arizona-Mexico border. "The hung jury reflects a conflict that needs to be resolved in this society," explains Jennifer Allen, director of Border Action Network, a human rights group that held a memorial in front of the courthouse throughout the trials.
"We want to assume that law enforcement upholds a high standard of ethics. But if we look at the outcome of this and other similar trials, we see that bad apples keep getting put back in the field. Yet, since the Declaration of Independence we say that all people are equally protected under the law."
Lead special prosecutor Grant Woods argued that Francisco Javier Dominguez Rivera was killed while attempting to surrender. Prosecution presented three eyewitness testimonies, forensics, ballistics, video and other evidence that corroborated this scenario.
"The prosecution's evidence and testimony told a consistent story of an agent that needlessly and recklessly shot and killed Francisco at a range between 3 inches to 1 foot," explains Katie O'Connor, a Border Action Network staff member who has reported daily on the courtroom proceedings on a blog at www.borderaction.org.
The Defense attorney, Sean Chapmen, argued that Corbett acted in self-defense and tried to build a case that claimed the 5'4", 145 pound Francisco threatened the 6'4", 240 pound armed Corbett with a rock, that they engaged in hand-to-hand combat that resulted in Corbett shooting the young man.
"This can't be. It can't be," lamented Angelita Nunez, a Douglas resident and member of the Douglas Human Rights Committee. "If there are no consequences for Corbett's murder of this young immigrant, we are surely going to see an increase in violence against Hispanic residents and immigrants. This sends a message that bad apples can kill and claim it was an accident or it was self-defense."
Nunez and other border residents see this murder is the tip of the iceberg. "The families that live under the thumb of border enforcement activities witness and experience agents who operate with impunity and disregard the rights and human dignity of immigrants and citizens alike," says Allen.
Throughout the two week trial uniformed Border Patrol agents and members of the Phoenix Law Enforcement Association sat in the front row of the audience shaking their heads and making other gestures in response to the prosecution's presentations.
Throughout this trial, as well as the mistrial earlier this year, Border Action Network placed a shrine to Francisco in front of the courthouse. Community members placed flowers by Francisco's photo, sang songs written in his memory songs and shared prayers for his family.
"This is very disappointing and only opens the door for greater impunity within the Border Patrol," concludes Allen. "We only hope agency takes this as signal to step up their oversight and training of agents. This trial is a red flag that screams for better screening and investigation into agents' backgrounds, for better training in non-lethal responses to situations, and for ongoing training and certification in constitutional and human rights."
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