Arizona Rancher’s Murder Case: No Retrial After Deadlocked Jury
Nogales, Arizona – George Alan Kelly, the Arizona rancher accused of murder in the shooting of a Mexican national on his border property, will not face a retrial, according to prosecutors with the Santa Cruz County Attorney’s office.
The Incident and Trial
Kelly, 75, was initially charged with second-degree murder after allegedly shooting and killing 48-year-old migrant Gabriel Cuen-Buitimea on his 170-acre cattle ranch on January 30, 2023. A trial in April resulted in a mistrial after the jury deadlocked 11-1 in favor of acquittal.
Prosecution’s Argument
Prosecutors argued that Kelly had fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Buitimea, about 100 yards away on his property without provocation. They maintained that Cuen-Buitimea was unarmed and posed no threat when he was shot.
Defense’s Argument
Kelly’s defense countered that he only fired warning shots into the air to deter a group of armed men trespassing on his property. They also presented evidence that Cuen-Buitimea had a history of illegal entry into the US and had been deported in the past.
Jury Deadlock and Decision Not to Retry
After the jury failed to reach a verdict, the Santa Cruz County Attorney’s office decided not to pursue a retrial. Deputy County Attorney Kimberly Hunley cited “the unique circumstances and challenges surrounding this case” as the reason for the decision.
Complicating Factors
The case was further complicated by allegations from Kelly’s defense that the death investigation was tainted by cartel influence. Additionally, Cuen-Buitimea’s wife has filed a million wrongful death lawsuit against Kelly.
Conclusion
The decision not to retry George Alan Kelly brings an end to the legal proceedings in this controversial case. While the outcome may leave unanswered questions for some, the underlying issues of border security, immigration, and the use of deadly force in self-defense remain complex and multifaceted.
Data sourced from: foxnews.com
