Third trial for U.S. border agent unlikely

TUCSON, Nov. 5 (UPI) -- Defense attorney Sean Chapman says he doesn't expect Arizona prosecutors to seek a third trial for a U.S. Border Patrol agent accused of murder.

Chapman said he was told by jurors hearing the case of agent Nicholas Corbett that they were nearly unanimous for acquittal but could not break an 11-1 deadlock on a charge of negligent homicide, the Arizona Republic reported Wednesday.

The judge in the Tucson trial declared a mistrial for the second time in the case in which Corbett is accused of shooting an unarmed illegal immigrant during an arrest last year.

Corbett said the victim was about to hurl a rock at him from close range. Cochise county prosecutors, however, contended that three other immigrants who witnessed the shooting said the victim was not a threat.

Chapman said he was told by the prosecutor's office that they were not inclined to ask for a retrial.

Immigrant activists have said the failure to convict Corbett has stoked fears among Latinos that the Border Patrol is above the law. The Border Patrol union told The Republic that Corbett handled the incident by the book.