In Arizona, prosecutors have decided not to retry George Alan Kelly, a 75-year-old rancher accused of fatally shooting a Mexican national who crossed onto his property near the southern border. A hung jury resulted in a mistrial in Kelly’s murder trial after more than 48 hours of deliberation, leaving the decision of whether to retry him up to the prosecutors. The Santa Cruz County Attorney’s Office has chosen not to seek a retrial due to the unique circumstances and challenges surrounding the case.
Following the mistrial, Santa Cruz County Superior Court Judge Thomas Fink agreed to dismiss the case and set a hearing date to determine if the dismissal will be without prejudice, meaning the charges cannot be brought back to court. Kelly’s lawyer, Brenna Larkin, intends to file a request for the case to be dismissed without prejudice. Upon leaving the courthouse, Kelly expressed relief and stated that the nightmare was over. He offered his sympathy to the family of the victim, Gabriel Cuen-Buitimea, outside the courthouse where protesters had gathered to demand a retrial for justice.
Kelly had been charged with second-degree murder for the shooting of Cuen-Buitimea outside Nogales, Arizona. The victim, who lived in Nogales, Mexico, was crossing Kelly’s cattle ranch when the shooting occurred. Kelly fired nine shots from an AK-47 rifle towards a group of men crossing his property from about 100 yards away. He claimed the shots were intended as a warning and not aimed directly at anyone, but one of the bullets struck and killed Cuen-Buitimea. The case sparked national debate amid the ongoing border crisis and criticism of President Biden’s handling of the situation.
The case involving Kelly and the shooting of Cuen-Buitimea has been politically charged, with Republicans criticizing Biden’s approach to border security and handling of immigration. GoFundMe campaigns set up to support Kelly financially, who was initially held on a $1 million bond, were shut down due to violating the site’s policies on raising funds for individuals accused of violent crimes. The decision not to retry Kelly comes after a lengthy trial that lasted nearly a month and ended with a hung jury, leaving unresolved questions about the events that led to the fatal shooting of Cuen-Buitimea on Kelly’s ranch near the US-Mexican border.
