The case of Arizona rancher George Alan Kelly, who was charged with second-degree murder in connection to the death of Mexican national Gabriel Cuen-Buitimea found shot on his ranch, resulted in a mistrial when the jury could not reach a verdict. The defense argued that Cuen-Buitimea was not an unarmed migrant and suggested cartel influence in the death investigation. The defense attorney stated that people involved in criminal activities are more dangerous than migrants seeking a better life. Cuen-Buitimea had entered the country illegally multiple times and had been deported in the past. The jury heard testimony regarding the distance where Kelly was standing when the fatal shot was fired and the motivation behind the gunshots. Kelly’s defense claimed he only fired warning shots into the air earlier in the day.
The defense’s theory was that a rip crew, possibly cartel-affiliated, could have been responsible for Cuen-Buitimea’s death. The defense questioned Santa Cruz County Sheriff David Hathaway about comments he made speculating that Kelly wanted to “hunt Mexicans.” The defense also alleged that Hathaway arranged an unauthorized meeting to interview a witness weeks after the shooting, breaking protocol. The witness, Daniel Ramirez, testified that he previously carried drugs across the border but claimed he was not present on the day of the shooting. The defense argued that based on Ramirez’s testimony, he was not at the scene that day, casting doubt on the prosecution’s case.
The defense argued that Kelly faced a threat to his life and had a rifle pointed at him, justifying his use of force. Kelly’s attorney stated that he fired warning shots to protect himself and his wife, as any man would do in that situation. The prosecution, however, claimed Kelly had no right to use deadly force against unarmed men and that he escalated the situation without justification. Prosecutor Mike Jette argued that Kelly shot Cuen-Buitimea with an AK-47, and the evidence suggested the shot came from Kelly’s property. Jette urged the jury to consider lesser charges if they were not convinced of second-degree murder.
Kelly rejected a deal from prosecutors earlier in the year to plead guilty to a reduced charge of negligent homicide. The case gained national attention when Kelly was initially charged with first-degree murder and held on a $1 million bond. The charge was later downgraded to second-degree murder. The mistrial left the case unresolved, with the jury unable to reach a verdict. The defense maintained that Kelly acted in self-defense and faced a dangerous situation on his property. The prosecution argued that Kelly used excessive force and initiated the confrontation without justification. The case highlighted the complex issues surrounding border security and self-defense laws in borderland areas.
