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Questions abound in killing of FBI agent
Saturday, November 22, 2008

Did Christina Korbe hear the police officers at her door identify themselves?

Did she really feel that her life and the lives of her children, ages 10 and 4, were in danger?

Did she truly believe that the only way to save them was to fire a gun?

All of those questions will come into play as the criminal case against her wends its way through the justice system.

Right now, Ms. Korbe is charged with a general count of criminal homicide in the shooting death of FBI special Agent Samuel Hicks. Agent Hicks was the first law enforcement officer through the door of the Korbe home on Woods Run Road in Indiana Township early Wednesday morning. The team was there to serve an arrest warrant on Robert Ralph Korbe, husband of Christina, for his role in a 27-count federal indictment alleging a cocaine conspiracy in Mount Washington, Beltzhoover, Allentown and Brookline.

He was one of 32 defendants being sought that morning in simultaneous pre-dawn raids around Allegheny County.

But at the Korbe house, at 6:03 a.m., when officers identified themselves and asked Mr. Korbe to give himself up, he refused, running away from the front door. The agents then used a battering ram to burst through. Agent Hicks entered the home first and made a quick left turn. Immediately, he was struck by a bullet investigators believe was fired by Ms. Korbe from upstairs.

Legal experts say that the circumstances of the shooting -- and what either a judge or a jury believes to be true -- will determine whether Ms. Korbe is convicted of murder or manslaughter, or possibly acquitted.

Several types of homicide could apply in the Korbe case, said veteran defense attorney John Elash.

There is first-degree murder, which means that Ms. Korbe would have known exactly what she was doing and intentionally shot Agent Hicks.

"To me, that sounds a little far-fetched," said Mr. Elash, who has represented defendants in hundreds of homicide cases.

Other attorneys discussing the case agreed it's unlikely, but prosecutors could seek a first-degree conviction.

If that were the case, they could also seek the death penalty, since one aggravating circumstance under the law is the killing of a law enforcement officer, said defense attorney Patrick Thomassey, also a former prosecutor.

There is third-degree murder, which means Ms. Korbe did not plan the killing and did not have specific intent to kill, but did have malice.

Or there is voluntary manslaughter. That would be the case if Ms. Korbe believed she had to fire the gun to protect herself, even though no one else would think that that was a reasonable decision.

That is what is called an imperfect self-defense, said University of Pittsburgh law professor John Burkoff.

When there is that circumstance, he said, a conviction on voluntary manslaughter is likely.

To determine whether her actions were reasonable, the fact-finder -- either the judge or jury -- would have to put themselves in her position.

"The jury needs to figure out what a reasonable person, who knew what she knew and saw what she saw, would think in her situation," Mr. Burkoff said.

Part of that consideration, he continued, is that Ms. Korbe's husband has been convicted of drug and other charges and potentially associates himself with other criminals.

Those factors will make the case much harder to defend, Mr. Elash said.

"Those things all weigh against her."

Former Assistant District Attorney Patrick Nightingale, who now works as a defense attorney, said that Ms. Korbe's intentions in firing the shot will also affect the jury's decision.

"It is a very specific and intentional act to pick up a firearm and pull the trigger," he said. "Where there is difficulty, that she intended that result [or] was her intention to fire a warning shot at an unknown intruder?"

Those kinds of questions would likely reduce the chances of prosecution for first-degree murder, Mr. Nightingale said.

If Ms. Korbe is a good witness, and her statements match the evidence and forensics, everyone agreed, she could be found not guilty.

"If the jury believes her story, it could be an outright acquittal," said Mr. Nightingale said. "You have no duty to retreat when you're in your own home."

He also believes that the fact that Ms. Korbe called 911 immediately after firing the shot -- she was still on the phone on the 911 call when officers found her, according to the affidavit in the case -- lends credibility to her story.

A plea agreement in such a case likely would not come quickly, and may not happen at all, Mr. Nightingale said.

"Quite frankly, because Agent Hicks was slain in the line of duty, I'd be stunned if there was a plea offer," Mr. Nightingale said.

Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on November 22, 2008 at 12:00 am
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