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Judge dismisses charges against Ariz. border agent

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January 8, 2009 08:23 PM EST | AP

TUCSON, Ariz. — Prosecutors in Arizona have dropped charges against a U.S. Border Patrol agent who shot and killed an illegal immigrant near the Mexican border after two trials ended with jurors deadlocked.

U.S. District Court Judge David Bury granted a prosecution motion last month to dismiss second-degree murder, manslaughter and negligent homicide charges against Nicholas Corbett.

The charges could be refiled if new evidence is found.

Corbett was accused of fatally shooting 22-year-old Francisco Javier Dominguez Rivera of Puebla, Mexico, in January 2007. Two trials ended when jurors couldn't reach a verdict.

Corbett still faces a civil suit filed by Dominguez's family.

The Border Patrol says Corbett remains on administrative duties.