TUCSON (CN) – The Border Patrol agent accused of killing a migrant in the Arizona desert faces a civil lawsuit accusing him of wrongful death. Hung juries twice failed to convict Nicholas William Corbett of murder, manslaughter or negligent homicide, in the State of Arizona’s prosecutions in Federal Court.
Corbett found Francisco Javier Dominguez Rivera and three other border crossers near Douglas, Ariz., in January 2007.
In their federal lawsuit, Dominguez Rivera’s parents, Renato Ariza Dominguez and Maria Clara Leonor Rivera Cordera, reiterated claims that their son was attempting to surrender when Corbett shot him.
In his criminal trials, Corbett claimed that Dominguez brandished a rock. Expert witnesses testified that the bullet pierced Dominguez’s heart at a downward angle; analysis indicated that he was shot from about 2½ feet away.
The civil lawsuit claims that Dominguez was “in the process of getting down on his knees” when Corbett killed him.
The parents claim that Corbett is a racist with a history of violence. It also alleges a Border Patrol “custom and practice” of dangerous use of firearms, including failure to report shots fired at migrants.
Plaintiff’s attorney Richard Gonzales requests a jury trial.