Prosecutors have formally asked to have murder charges dropped against a U.S. Border Patrol agent who shot an illegal immigrant near the Mexican border, but his future remains clouded.
Nicholas Corbett has been assigned to desk duties since shortly after the Jan. 12, 2007, shooting death of Francisco Javier Dominguez Rivera of Puebla, Mexico, and there's no immediate word whether he will be reassigned to field duty.
He also faces a civil suit filed this week by the family of Dominguez, who was killed during a confrontation that occurred hours after he had crossed the border. His three companions said he was surrendering when he was shot; Corbett said he shot in self-defense because Dominguez was going to smash his head with a rock.
The shooting had been condemned by Mexico's president and the decision to drop the case has been criticized by human-rights activists.
Prosecutors left open the possibility that they could refile charges if they can develop new evidence that might help convict Corbett of second-degree murder, manslaughter or negligent homicide. Two trials earlier this year ended with jurors deadlocked on a verdict.
Attorneys representing the Cochise County Attorney's Office filed a motion Friday to dismiss the charges without prejudice, meaning they could bring the charges again. There is no statute of limitations for murder under Arizona state law.
After the shooting, Mexican President Felipe Calderon condemned the incident and demanded an exhaustive investigation.
Pima County Legal Defender Isabel Garcia, a founder of the human rights group Derechos Humanos, said she was not surprised by the decision to dismiss the charge.
"This climate of impunity for Border Patrol agents and the attitude of total misinformation and lies about immigrants prevent, I think, any real justice," she said.
Border Patrol officials aren't saying yet whether Corbett, 41, will resume active field patrol duties or will be given some other assignment.
"I don't think that decision has been made yet," said Dove Crawford, a spokeswoman for the patrol's Tucson sector. "But I know that they (officials) will review his status."
Crawford also said that because of the manner in which the charges were dismissed, the patrol will not make a statement about its internal investigation of the shooting.
The special prosecutor in charge of the case for Cochise County, former Arizona Attorney General Grant Woods, said he hopes the Border Patrol will not keep Corbett employed.
Woods cited comments from some jurors who spoke with the county attorney after the second trial ended last month.
"They believed that he was guilty but many of them felt that the (sheriff's) investigation was so poor that they just felt that they couldn't vote guilty," Wood said.
He said all but one juror in the first trial apparently voted to find Corbett guilty.
Woods also noted several incidents over the past several years, not introduced at Corbett's trials, in which police responded to alleged assault and domestic violence occurrences involving Corbett.
Woods said Corbett was arrested for beating a man without provocation in Cheltenham, Pennsylvania, and that police in Mesa and Chandler were called to Corbett's house three times in 2007 for domestic violence.
Corbett's lawyer, Sean Chapman, said the Pennsylvania incident was alcohol-related and occurred before Corbett joined the Border Patrol.
The Mesa Police Department thoroughly investigated the domestic violence incidents, all disputes with a female companion, and determined that no crime had been committed, Chapman said.
As for whether Corbett will remain employed, "the Border Patrol, like me, has always believed that he was innocent," Chapman said. "In fact, early on in the case, Chief David Aguilar called Corbett personally and offered his support."
