Prosecutors announced that they will not retry Arizona rancher George Alan Kelly after a mistrial was declared in the case of the fatal shooting of Mexican man, Gabriel Cuen-Buitimea, on his property. The jurors were deadlocked and unable to reach a unanimous decision on a verdict after two days of deliberation, leading to the Santa Cruz County Attorney’s Office choosing not to seek a retrial. Kelly expressed relief that the nightmare was over and showed sympathy towards the victim’s family. His defense attorney filed a request for the case to be dismissed with prejudice to prevent it from being brought back to court.
Protestors demonstrated in favor of Cuen-Buitimea, emphasizing that he was a human being and not a threat to Kelly. The trial had sparked interest in border security as it took place in Nogales, a city on the border with Mexico, where Cuen-Buitimea was from. Kelly, who had been charged with second-degree murder for the killing, encountered a group of men, including Cuen-Buitimea, on his cattle ranch. The Mexican Consulate met with prosecutors to discuss the implications of the mistrial, and planned to release a statement at a later time.
Prosecutors alleged that Kelly recklessly fired shots from an AK-47 rifle towards the group of men on his ranch, with Cuen-Buitimea being about 100 yards away. Kelly claimed he fired warning shots in the air and did not aim directly at anyone. The trial was significant in the midst of a presidential election year, highlighting the importance of border security. Kelly had declined a plea agreement from prosecutors that would have reduced the charge to negligent homicide in exchange for a guilty plea. He was also accused of aggravated assault against another person in the group.
The decision not to retry Kelly was met with mixed reactions, as protestors called for justice for Cuen-Buitimea and a retrial. It was noted that the focus of the trial seemed to shift towards the victim, who was being portrayed as the one on trial rather than the defendant. Kelly’s defense team expressed satisfaction with the decision, hoping to obtain a dismissal with prejudice to put an end to the case for good. The outcome was a culmination of a month-long trial that had drawn attention to the complexities of border issues and self-defense in the context of ranchers protecting their property.
