The trial of Arizona rancher George Alan Kelly, who was charged with second-degree murder in the fatal shooting of Gabriel Cuen-Buitimea, ended in a mistrial when the jury was unable to reach a unanimous decision on a verdict. Following the mistrial, the Santa Cruz County Attorney’s Office decided not to seek a retrial, leading to the dismissal of the case. Kelly expressed relief at the decision, stating that the nightmare was over and offering his sympathy to the victim’s family. Protesters demonstrated on behalf of Cuen-Buitimea outside the courthouse, emphasizing his humanity and calling for a retrial.
Kelly had encountered Cuen-Buitimea and a group of men on his cattle ranch before the fatal shooting occurred. Prosecutors alleged that Kelly recklessly fired shots from an AK-47 rifle towards the group, leading to Cuen-Buitimea’s death. Kelly maintained that he fired warning shots in the air and did not directly shoot at anyone. Despite rejecting an agreement with prosecutors that would have reduced the charge to negligent homicide, Kelly’s defense attorney indicated that they would file a request for the case to be dismissed with prejudice following the decision not to retry Kelly.
The Mexican Consulate in Nogales, Arizona, along with Cuen-Buitimea’s two adult daughters and Mexican consular officials, met with prosecutors to discuss the implications of the mistrial. The consulate later stated that it would release a statement regarding the case. The trial had taken place in Nogales, a city on the border with Mexico, and coincided with a presidential election year that had drawn significant attention to border security issues. Throughout the trial, jurors visited Kelly’s ranch and a section of the U.S.-Mexico border, highlighting the context in which the shooting occurred.
The decision not to retry Kelly marks the conclusion of a nearly month-long trial that brought attention to the circumstances surrounding Cuen-Buitimea’s death and the challenges faced by both the prosecution and the defense. The dismissal of the case without prejudice would prevent it from being brought back to court, bringing a sense of closure to the legal proceedings. Kelly, who had faced charges of second-degree murder, expressed his gratitude and condolences to the victim’s family. The mistrial and subsequent decision not to retry Kelly highlight the complexity of the case and the legal considerations at play.
