Case Background
A jury has reached a deadlock in the trial of Arizona rancher George Alan Kelly, who is accused of fatally shooting Mexican national Gabriel Cuen-Buitimea on his 170-acre ranch near Nogales, Arizona, on January 30, 2023.
Defense Arguments
Kelly’s defense team contends that Cuen-Buitimea was not an unarmed migrant but rather an individual involved in cartel activity, suggesting that a “rip crew” could have been responsible for his death. They maintain that Kelly only fired warning shots into the air and that Cuen-Buitimea was shot by someone else.
Prosecution Arguments
The prosecution argues that Cuen-Buitimea was an unarmed migrant who was shot multiple times by Kelly from his patio. They assert that Kelly escalated the situation and used excessive force without justification.
Witness Testimony
During the trial, jurors heard testimony about the motivation for the gunshots and where Kelly was standing when he fired. They also visited Kelly’s ranch to assess the layout of the property.
Allegations Against Sheriff
The defense raised allegations against Santa Cruz County Sheriff David Hathaway, claiming that he made insensitive remarks about hunting Mexicans and broke protocol by meeting with a witness in Mexico without authorization. Hathaway admitted to making the remarks, characterizing them as a “colloquial” statement.
Unanswered Questions
Despite the extensive testimony and evidence presented, the fatal bullet was never recovered. Whether or not Cuen-Buitimea was involved in criminal activity and the identities of the individuals who shot him remain unknown.
Verdict and Aftermath
The jury was unable to reach a unanimous verdict on any of the charges, resulting in a hung jury. The case has been declared a mistrial.
Reactions
Kelly’s defense attorney expressed disappointment over the lack of a verdict but vowed to continue fighting for his client. The prosecution stated that they respect the jury’s decision and will evaluate their next steps.
Legal Considerations
The jury had the option to convict Kelly on charges of second-degree murder, manslaughter, negligent homicide, or aggravated assault. Due to their failure to reach a consensus, Kelly remains free on bond until the next scheduled trial date.
Data sourced from: foxnews.com
