PITTSBURGH — The brother-in-law of a Pittsburgh-area woman says she should be prosecuted in state court, not federal, on charges she killed an FBI agent.

Forty-year-old Christine Korbe is accused of shooting FBI Special Agent Samuel Hicks when he raided her Glenshaw home Nov. 19 to arrest her husband on drug charges. Christina Korbe says she shot Hicks only because she thought he was an intruder.

Christina Korbe's brother-in-law, George Waksmunski, argues the Constitution doesn't give the federal government power to hear criminal cases in a state's jurisdiction.