No 3rd trial for border agent accused of killing illegal migrant

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No 3rd trial for Border Patrol agent

TUCSON (AP) - The Cochise County Attorney's office won't try U.S. Border Patrol agent Nicholas Corbett for a third time in the shooting death of an illegal immigrant.

Chief Criminal Deputy County Attorney Doyle Johnstun says his office will be moving to dismiss charges against agent Nicholas Corbett without prejudice. Hung juries led to two mistrials earlier

this year.

He said the method of dismissal would allow refiling charges if more evidence comes to light.

Corbett was tried on second-degree murder, manslaughter and negligent homicide charges in the January 2007 death of Francisco Javier Dominguez Rivera of Puebla, Mexico. The most recent trial ended last month.

Dominguez's family filed a wrongful death lawsuit Tuesday against Corbett in U.S. District Court.