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Opening statements began today in the trial of a U.S. Border Patrol agent accused of murdering an illegal entrant last year, with attorneys from both sides presenting radically different stories about what prompted the shooting.

Nicholas Corbett is charged with second-degree murder, manslaughter and negligent homicide in the killing of Francisco Javier Domínguez Rivera in January of 2007.

On Jan. 12 of last year, Corbett shot and killed the 22-year-old man in the desert between Bisbee and Douglas about 150 yards north of the border.

The shooting occurred while Corbett was trying to detain Domínguez Rivera, his two brothers and the girlfriend of one of the brothers, all of whom had entered the country illegally from Mexico.

But what prompted the shooting is the key question in the trial.

Prosecutor Grant Woods, a former state attorney general who has been hired by the Cochise County attorney to prosecute the case, said Domínguez Rivera and the three others were surrendering to Corbett.

The four were walking back to the border, when Corbett stopped them, Woods said. He said they were then ordered to get down on their knees and Corbett shot Domínguez Rivera from behind.

“This young man — while surrendering, going down on his knees, putting his hands in the air — from behind was hit, yanked and shot through the heart,” Woods said.

Forensics evidence, witnesses, an autopsy report and a video will support such a description of the shooting, Woods said.

Meanwhile, Sean Chapman, lead defense attorney for Corbett, said Domínguez Rivera was not surrendering at the time of the shooting, but in fact threatened Corbett with a baseball-sized rock.

“Nick Corbett had to defend himself, and he had to defend himself against Mr. Domínguez, who was trying to crush his skull with a rock,” Chapman said.

The decision to shoot was a split-second one, which fell in line with Border Patrol policy for use of force, he said.

Chapman said he will present expert testimony to this effect as well as testimony that will show the shooting could have occurred in a way that matches Corbett’s description.

He also noted that investigators left behind Domínguez Rivera’s gloves at the scene, which he said could have been used to find forensic evidence to show Domínguez Rivera was holding a rock.

Finally, Chapman said the three witnesses were corrupted because of influence from the Mexican consulate as well as the fact that investigators failed to separate them in the hours after the shooting. The trial is continuing throughout the day and expected to last two weeks.

If convicted, Corbett faces a maximum of 22 years in prison.