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SANTA CRUZ COUNTY, Ariz. – George Alan Kelly, the Arizona rancher charged with murder in the shooting of a Mexican national on his border property, will not be retried, prosecutors with the Santa Cruz County Attorney’s office said on Monday.
Kelly, 75, was charged with second degree murder after he was accused of fatally shooting a migrant, Gabriel Cuen-Buitimea, on his land in January 2023.
The decision not to retry Kelly comes after the judge declared a mistrial on April 22, following a deadlocked jury, which had deliberated for several days, yet failed to reach a verdict, Law Officer reported.
Cuen-Buitimea, 48, an illegal immigrant who had been deported from the U.S. on several occasions, was fatally shot in January 2023. Kelly was subsequently charged with second-degree murder and aggravated assault. He pleaded not guilty in March 2023.
Following a four-week trial, the jury began deliberations on Thursday, April 18. By the following Monday they were at an impasse and could not reach a unanimous decision. Therefore, Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial, the Daily Wire reported.
“Based upon the jury’s inability to reach a verdict on any count,” Judge Fink said, “This case is in mistrial.”
Kelly’s defense attorney confirmed to Fox News Digital that there was “one, lone holdout” juror who wanted to convict, while the remaining jurors sought an acquittal.
“Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,” Deputy County Attorney Kimberly Hunley told Judge Fink on Monday.
Kelly had been accused of shooting Cuen-Buitimea on January 31, 2023, as the Mexican national was trespassing with a group of other suspected illegal immigrants on Kelly’s Arizona ranch, not far from Nogales.
The rancher’s defense is that he simply fired warning shots and did not shoot Cuen-Buitimea. He reportedly heard another gunshot and immediately called Border Patrol.
Kelly later discovered Cuen-Buitimea’s body on his property when he again called the authorities. The lethal bullet was never recovered.
According to the rancher, he feared for the safety of himself and his wife after he saw a group of men with rifles near his home. As a result, he fired warning shots into the air.
Santa Cruz County prosecutor Mike Jette claimed the rancher never saw armed men, and accused Kelly of escalating the situation.
Last week, Kelly’s wife sat in the front row of the courtroom as she anxiously awaited the verdict, azcentral.com reported.
“I feel like I’ve been in suspension for 15 months, and I’m getting nowhere, and I’m still on that treadmill. We have to wait a little longer,” said Wanda Kelly after the mistrial was declared.
Kelly, who was out of custody on $1 million bond, said he is more concerned for his wife than for himself, while saying they will not give up.
“They want ice water in you-know-where. And they ain’t got it. So, it is what it is. … They won’t wear me down,” Kelly said last week following the mistrial.
Earlier this year, Kelly rejected a deal from prosecutors that would have reduced the charge to one count of negligent homicide if he would agree to plead guilty.
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Source: www.lawofficer.com