Prosecutors in Arizona have decided not to retry rancher George Kelly, after a mistrial was declared in the case where he was charged with murdering an unarmed migrant on his property. The jury was unable to reach a unanimous verdict in the shooting death of Gabriel Cuen-Buitimea, who crossed the U.S.-Mexico border onto Kelly’s ranch. As a result of the mistrial, the Santa Cruz District Attorney’s Office announced that Mr. Kelly would not be retried, but emphasized that their decision in this case should not be seen as a precedent for future cases of a similar nature.
Brenna Larkin, Mr. Kelly’s attorney, commented that the jury vote was 7-1 in favor of finding him not guilty. The incident occurred when Mr. Cuen-Buitimea was part of a group of undocumented migrants crossing the high desert near the border, and he, along with another man, fled onto Kelly’s property after being spotted by Border Patrol. Kelly allegedly fired an AK-47-style rifle at them, striking Mr. Cuen-Buitimea and causing his death. In February 2023, Kelly was charged with second-degree murder and aggravated assault, leading to a trial that ultimately resulted in a hung jury.
The case surrounding George Kelly’s actions has stirred strong opinions from both immigration critics and conservative ranchers who viewed him as a victim, while others expressed shock and horror at the shooting. According to Ms. Larkin’s court documents, Kelly and his wife had witnessed armed men near their home while they were having lunch, prompting Kelly to fire warning shots over the group’s heads. During closing arguments in the trial, Deputy Santa Cruz County Attorney Michael Jette alleged that Kelly had recklessly fired his gun without warning or indication of imminent danger.
Prior to the trial, Mr. Kelly had rejected a plea deal that would have reduced the charges to negligent homicide. The jury’s failure to reach a consensus in this emotionally charged case has left the legal and public opinion divided on the actions taken by the rancher on his property. Despite the decision not to retry George Kelly, the Santa Cruz District Attorney’s Office remains committed to enforcing the law and prosecuting criminal acts. The circumstances of this case have highlighted the complexities and challenges involved in addressing incidents involving deadly force, immigration, and property rights along the U.S.-Mexico border.
