An Arizona judge declared a mistrial in the case of rancher George Alan Kelly, who was accused of fatally shooting Mexican man Gabriel Cuen-Buitimea on his property near the U.S.-Mexico border. The decision came after jurors were unable to reach a unanimous decision after two full days of deliberation. Kelly was charged with second-degree murder in the shooting, but claims he fired warning shots in the air and did not shoot directly at anyone. The Santa Cruz County Attorney’s Office has the option to retry Kelly or drop the case altogether. A status hearing is scheduled for the following week to determine the next steps.
Prosecutors alleged that Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Buitimea, who lived south of the border in Nogales, Mexico, while they were on his cattle ranch. Court officials took jurors to Kelly’s ranch and a section of the border as part of the trial. Consul General Marcos Moreno Baez of the Mexican consulate in Nogales expressed a desire for justice for Cuen-Buitimea and stated that Mexico will continue to follow the case and support the family through the process. Kelly’s defense attorney did not immediately respond to requests for comment after the mistrial was declared.
The defense had previously rejected an agreement with prosecutors that would have reduced the charge to negligent homicide if Kelly pleaded guilty. In addition to the second-degree murder charge, Kelly was also charged with aggravated assault against another person in the group of men, which included a migrant from Honduras seeking work in the U.S. Kelly maintained that he only fired warning shots and did not intend to harm anyone. Cuen-Buitimea had a history of illegally entering the U.S. and had been deported multiple times. The trial, which lasted nearly a month, coincided with a presidential election year with heightened focus on border security.
During the trial, the judge instructed jurors that if they were unable to reach a verdict on the second-degree murder charge, they could consider a lesser charge of reckless manslaughter or negligent homicide. A conviction on the second-degree murder charge would have carried a minimum prison sentence of 10 years. The jury deliberated briefly on Thursday, and then spent all of Friday and Monday before the mistrial was declared. Prosecutors from Santa Cruz County Attorney’s Office will meet with the Mexican consulate and Cuen-Buitimea’s family to discuss the implications of the mistrial and decide on their next steps in the case.
