Border Patrol agent faces trial on second-degree murder charge

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Border Patrol agent faces trial on second-degree murder charge

By ARTHUR H. ROTSTEIN
Associated Press Writer
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BISBEE, Ariz. (AP) -- A Border Patrol agent who killed an illegal immigrant, contending he acted in self-defense, faces trial for second-degree murder.

Nicholas Corbett, 41, was ordered Monday to stand trial in Cochise County Superior Court on the lesser murder count. At a daylong preliminary hearing, a lower court judge dismissed a first-degree murder charge stemming from the Jan. 12 fatal shooting of Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico.

Cochise County Justice Court Judge David Morales said the state had not established sufficient probable cause to support a count of first-degree murder, which requires proving premeditation.

"Probable cause does exist that the crimes charged occurred" on three other counts, however, Morales said - second-degree murder, manslaughter or negligent homicide.

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