Prosecutor in US border agent's murder retrial says migrant was "passive" when fatally shot

A prosecutor has told jurors during opening statements of a U.S. Border Patrol agent's murder retrial that the agent fatally shot a "peaceful and passive" illegal immigrant without provocation as he tried to surrender, the Associated Press reported.

Nicholas Corbett is charged with second-degree murder, manslaughter and negligent homicide in the death of Francisco Javier Dominguez Rivera of Puebla, Mexico. Jurors can convict on only one charge.

Corbett's first trial ended in a mistrial in March because of a hung jury.

At least five times during opening statements Wednesday, special prosecutor Grant Woods alluded to the peaceful nature of Dominguez, who was killed about 100 yards ( 90 meters) north of the Mexican border.

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