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2nd mistrial in killing by Border Patrol agent

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PHOENIX (AP) — A mistrial was declared after a jury deadlocked Tuesday in the case of a Border Patrol agent accused of gunning down an illegal immigrant without provocation.

Jurors couldn't reach a verdict against U.S. Border Patrol Agent Nicholas Corbett on three possible charges: second-degree murder, manslaughter or negligent homicide. His first trial in March also ended with the jury deadlocked.

The shooting in January 2007 caused an international uproar, with Mexican President Felipe Calderon condemning it and calling for a complete investigation.

Francisco Javier Dominguez Rivera, 22, of Puebla, Mexico, was crossing the southern Arizona desert with two of his brothers and one's girlfriend when Corbett drove up in his Border Patrol truck and started to arrest them.

Dominguez's companions all testified he was going to his knees to surrender when Corbett shot Dominguez without provocation. The defense said the agent shot in self-defense after Dominguez tried to smash his head with a rock.