Border agent being retried in migrant’s shooting |

Border agent being retried in migrant’s shooting

Associated Press

TUCSON, Ariz. ” Lawyers are taking up issues at a pretrial hearing Monday afternoon in Tucson that could affect how the retrial of a Border Patrol agent plays out.

Agent Nicholas Corbett goes on trial again Tuesday in federal court in the fatal shooting of an illegal immigrant after a hung jury forced a mistrial in March.

Corbett is charged with second degree murder, manslaughter and negligent homicide in the January 2007 fatal shooting of Francisco Javier Dominguez Rivera of Puebla, Mexico.

Defense attorney Sean Chapman wants to bring up Dominguez’s alleged gang tattoo if the judge lets in prosecution testimony about his good character.

He also wants to limit prosecution arguments aimed at evoking jury sympathy and says he’ll try again to move the trial elsewhere.

Prosecutor Grant Woods said there could be a few new wrinkles in the trial.