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AP: Border Agent Charged with Murder (Shooting of Illegal Immigrant)


Fergasun

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PHOENIX - A Border Patrol agent was charged Monday with first-degree murder in the shooting of an illegal immigrant at the border in January. An investigation found that Agent Nicholas Corbett's killing of Francisco Dominguez-Rivera, of Puebla, Mexico, was not legally justified, said Cochise County prosecutor Ed Rheinheimer.
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"We have concluded that the evidence shows that at the time he was shot, Mr. Dominguez-Rivera presented no threat to agent Corbett," Rheinheimer said.
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The shooting, which drew condemnation from the Mexican government, occurred while Corbett was trying to apprehend Dominguez-Rivera and three others who were trying to enter the country illegally. In the days after the shooting, the Border Patrol said that a scuffle had led to it and that the agent had "feared for his life." More than 300 pages of documents later released by prosecutors revealed that Corbett's account didn't match witness testimony or forensic evidence. Corbett told colleagues he shot at a man who looked like he was going to throw a rock. But three witnesses who were being apprehended along with Dominguez-Rivera — his two brothers and a sister-in-law — told investigators Corbett fired while pushing Dominguez-Rivera to the ground.

Here we go again. Let's see... the Border Patrol Agent has "witness testimony" against him... as well as forensic evidence. This "witness testimony" is the brother and sister-in-law of the dead man?! What the hell!?

Heckuva job on the border Bush... :doh:

I think this is the one with the video floating around? Clearly looked like the guy was making a suspicious motion (although the camera was very unclear).

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I'd like to know what this forensic evidence is saying.

It's all like:

Yo, this dude was, ya know, coming over to us and they bein like man I ain't tryin to start no trouble but I jus wanna work here, ya know what I'm sayin?, but ole' dude was like, "I aint takin it no more" and dude shot 'em...
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Destino,

Probably something like. "The bullet was fired from the gun the Border Patrol Agent was carrying."

I just looked it up, and the video I saw was from a shooting in March... so I suppose this one might have a bit more merit. I guess BPA shot someone in January as well.

Googling some more... found this

A U.S. Border Patrol agent's account of what led him to shoot and kill an unarmed illegal entrant in January doesn't match witness testimony or forensic evidence, records released Monday by the Cochise County Attorney's office show.
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The agent, Nicholas Corbett, has not cooperated with investigators. However, he reportedly told colleagues on the day of the shooting that he was in pursuit of three members of a larger group of illegal border crossers and had moved to intercept them in his vehicle. He exited the vehicle with his gun drawn and spotted a man at the rear of his vehicle with a rock in his hand.
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When the man made a motion as if he were about to throw the rock, Corbett said he raised his weapon and fired a single round. The bullet that killed Dominguez-Rivera entered the left side of his chest, passed through his heart and liver and exited the abdomen a couple of inches to the right of Dominguez-Rivera's navel, according to an autopsy report by the Cochise County medical examiner's office that was released along with hundreds of other pages of documents related to the shooting investigation.
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Cochise County Attorney Ed Rheinheimer said he has not yet decided whether the agent will face charges, noting that that decision will not be made until he's had a chance to review a video of the incident captured by a Border Patrol surveillance camera

Another Article (Immigrant POV)

Neither Felipe, Aurelio nor Miguel Angel saw the shooting, though they all reported hearing the shot seconds after Corbett left his truck. Miguel Angel stated that, in addition to the gun shot, he also heard a female scream. Aurelio heard someone make an “ugh” sound after the gun went off.
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A grainy surveillance video shot from a Border Patrol camera tower two miles away that shows Corbett circle the Dominguez-Rivera party in his government-owned sports utility vehicle before exiting and dashing around the back of the truck. When Corbett reaches the group, a body appears to lurch forward. Rheinheimer said the FBI is currently working to enhance the sureveillance video and he won’t decide whether to charge Corbett until the FBI returns the improved tape.

Another Article (Border Patrol POV)

Shortly after 3 p.m. on Jan. 12, as Border Patrol agent Stephen Berg was running through the desert, tracking a group of suspected illegal immigrants in an area east of Naco, he received a radio message “shots fired” from another agent who was following the same group.
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“Corbett told him that he had seen (Dominguez-Rivera) bend down and pick up something,” Adney wrote in the report of her interview with Berg. Corbett had then left his vehicle and run around back, where he was confronted by Dominguez-Rivera. “Corbett said that the subject had a rock in his hand and that he had his hand raised,” Adney continued. According to Berg, “Corbett did not actually say that he had shot the subject, he just stopped talking at that point.”
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Dominguez-Rivera’s relatives who witnessed the shooting gave Sheriff’s Office investigators a different version of the shooting. They said Corbett raced around his truck and ran up to Dominguez-Rivera, striking or pushing him on the back of his neck with his right hand. As Dominguez-Rivera fell to his knees, Corbett shot him in the chest with his left hand.
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The family members, as well as the three detainees in the back seat of Corbett’s truck, denied seeing Dominguez-Rivera pick up a rock or make any threatening movements.

Another Article

FBI Phoenix spokeswoman Deborah McCarley doesn’t know where the video is or when and if it would be enhanced. Being evidence in a civil rights case, the video will fall among the top five priorities of the FBI, which will put it ahead of other cases, she said. The FBI, which is conducting its own civil rights investigation, has been sending evidence over to the U.S. Department of Justice, where officials will determine if any civil rights violations were committed, she said.

Another Article

A grainy surveillance video taken as a Border Patrol agent fatally shot an illegal immigrant from Mexico appears to lend credence to the surviving immigrants' accounts of what happened.
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One clip shows Corbett's Border Patrol vehicle driving up to a small group of people and circling around them. The agent then opens the door and emerges from behind his SUV, running toward the group, bunched near his rear bumper.

One clip shows Corbett's Border Patrol vehicle driving up to a small group of people and circling around them. The agent then opens the door and emerges from behind his SUV, running toward the group, bunched near his rear bumper.

He then appears to have contact with one person. Within seconds, Corbett apparently pushed one of the immigrants, Francisco Javier Dominguez Rivera, toward the ground and shot him, authorities said.

Interesting. None of the stories mention if Mr. Dominguez-Rivera had a rock... and I doubt you can see it on the video. On the other hand, pushing him to the ground is enough to subdue him.... no need to shoot the guy (unless it was an accidental discharge). I think it's possible he perceived to be in danger due to the people around the back of his SUV, and then when he raced back he saw the rock and panicked or something, and then went overboard or accidently shot the guy...

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The bullet that killed Dominguez-Rivera entered the left side of his chest, passed through his heart and liver and exited the abdomen a couple of inches to the right of Dominguez-Rivera's navel, according to an autopsy report by the Cochise County medical examiner's office that was released along with hundreds of other pages of documents related to the shooting investigation.

It doesn't explicitly say so, but if the exit wound is next to his nalel then that implies to me that the entrance was in his back. And the path chest - heart - liver - navel implies to me that he was shot from behind and above.

OTOH, the article also says that he was responding to a call of "assistance needed, shots fired", which to me entitles him to some slack, too.

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Larry,

Yeah, that seems to be the forensics implication.

The article was written from the perspective of Berg (another BPA). Berg was the one responding to "shots fired"... the shots fired being the ones in question. 2 of them are part of a 3-part series about the shooting, the first part written from the family members perspective, and the second from the border patrol agent perspective.

This case seems worse than the Ramos and Compean case... first being the immigrant was killed, and second being there didn't seem to be any danger posed to the BPA.

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I wonder if this one will become as big a cause celebe for the right wing talking heads as the last one did.

After all, we are talking Border Agents here - it is not possible for them to do anything wrong with regard to criminals invading our country. Who's side are you on anyway?

ps - Don't get me wrong - I am not accusing Ferguson of this. In fact, I applaud him for not taking that approach and actually looking at the facts. :applause:

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Looking at that info, where he was shot and the recap of the video, i don't have a ton of sympathy for the agent. Sounds like he shot a man on the ground either in the back or through the side. If the immigrant was standing and in front of him preparing to throw a rock... fine, I'm reasonable. Pushing a guy down and putting a round through him like that, sounds a lot like murder.

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Predicto,

I really hope it doesn't either. The Ramos / Compean case is crazy because OUR government went to Mexico in search of a drug runner to testify against border patrol agents.

Why is that necessarily crazy? As a society, we should be concerned about criminals, but we should also be concerned about bad cops. We are better off without both of them.

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