Dr. Ron Martinelli, a criminologist consulting for the defense team of Arizona rancher George Alan Kelly, has accused Santa Cruz County Attorney George Silva and Sheriff David Hathaway of engaging in a “political prosecution” that has cost taxpayers upwards of $1 million. The case revolves around the death of Mexican national Gabriel Cuen-Buitimea, who was found shot on Kelly’s property in January 2023. Martinelli alleges that the prosecutors and investigators have displayed extreme confirmation bias and lack of ethical conduct in handling the case, with the defense claiming there was no forensic evidence and plenty of exculpatory information supporting Kelly’s innocence.
Following a mistrial declaration by Arizona Superior Court Judge Thomas Fink due to a deadlocked jury, the state will decide on Monday whether to pursue a second trial against Kelly. Martinelli criticized the absence of Silva, Hathaway, and prosecutor Michael Jette during the trial, suggesting a lack of commitment to the case. He also questioned the motives behind the prosecution’s push for conviction despite the lack of evidence, calling it a political maneuver. Martinelli emphasized that the defense team is prepared to invest all available resources into the case if it goes to trial again, claiming that a retrial would likely end in a full acquittal for Kelly.
During the trial, the defense argued that prosecutors failed to prove that Cuen-Buitimea was shot by Kelly’s gun, as the fatal bullet was never recovered. The defense maintained that Kelly only fired warning shots into the air and his wife testified about contacting Border Patrol after spotting armed men near their property. Martinelli raised concerns about the credibility of witness Daniel Ramirez, whom prosecutors claimed was a key witness but defense attorneys argued was not present at the scene. Martinelli also highlighted the influence of cartels in the border region and accused prosecutors of obstructing evidence related to cartel activities.
Hathaway’s conduct came under scrutiny, particularly his statements in a YouTube video where he made disparaging remarks about other law enforcement agencies and the border situation. Martinelli threatened to file complaints against Hathaway for alleged violations of Kelly’s civil rights and professional misconduct. The defense team also faced challenges with fundraising after their GoFundMe account was removed, but they found support on GiveSendGo. Martinelli emphasized the need for oversight and accountability in the Santa Cruz County Sheriff’s Department, citing concerns about cartel influence and lack of protection for residents.
As the state considers a potential second trial against Kelly, Martinelli continues to advocate for his innocence and criticizes the handling of the case by county prosecutors and law enforcement. The defense maintains that Kelly acted in self-defense and that the prosecution’s case lacks evidence to prove otherwise. Martinelli remains committed to fighting for justice for the Kellys, urging additional support from the community. With unresolved issues surrounding the case and allegations of misconduct, the legal battle is far from over, and the future of George Alan Kelly remains uncertain.
