The trial of George Alan Kelly, a 75-year-old rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border, is still ongoing in southern Arizona. The jury has been deliberating the case after a nearly one-month trial that has drawn significant interest in border security, especially in the current presidential election year. The victim, Gabriel Cuen-Buitimea, lived in Nogales, Mexico, and had previously entered the U.S. illegally several times, being deported most recently in 2016.
Prosecutor Mike Jette has asserted that Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Buitimea, about 100 yards away on his property. Jette claimed that Cuen-Buitimea suffered serious injuries, including three broken ribs and a severed aorta, ultimately leading to his death. The jury was informed that although investigators found nine spent bullet casings from Kelly’s AK-47 on the patio of his ranch house, the bullet that killed Cuen-Buitimea was never recovered.
Jette urged the jurors to consider convicting Kelly of reckless manslaughter or negligent homicide if they couldn’t find him guilty of second-degree murder, which carries a minimum prison sentence of 10 years. During the trial, there were contradictions in Kelly’s statements to law enforcement, with varying accounts of the number of men on the ranch and their possession of firearms. Defense attorney Brenna Larkin argued for Kelly’s innocence, stating that he was in a life-threatening situation and justified in using deadly force, although he chose not to do so. Kelly’s wife testified that she had seen men with rifles and backpacks near the ranch house that day, while another witness described the moment Cuen-Buitimea was shot.
The trial involved a visit to Kelly’s cattle ranch, spanning nearly 170 acres outside Nogales, and included testimony from witnesses who were present during the incident. Kelly, who was also charged with aggravated assault, had declined a plea deal that would have reduced the charge to negligent homicide. The case has sparked debate, with some on the political right supporting the rancher amidst heightened anti-migrant rhetoric and campaigning around border security in the lead-up to the presidential election. The jury, after failing to reach a verdict on Friday, will resume deliberations on Monday morning to determine the outcome of the trial.
