August 31, 2007
Section: TUCSON/REGION
Page: B4
Agent’s murder trial may go to federal court
BRADY MCCOMBS, ARIZONA DAILY STAR
A trial for a U.S. Border Patrol agent facing murder charges could be headed to a federal court in Tucson.
A pair of Tucson attorneys representing agent Nicholas Corbett – Sean Chapman and Daniel Santander – filed a motion last week in U.S. District Court in Tucson, petitioning for the case to be moved from Cochise County Superior Court.
The motion cites 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, Corbett, 39, shot and killed Francisco Javier Domínguez Rivera, 22, of Puebla, Mexico, about 150 yards north of the border, between Bisbee and Douglas. The shooting happened while Corbett was trying to detain Domínguez Rivera and his brothers and sister-in-law who had entered the country illegally.
Source: www.azstarnet.com
