Prosecutors Announce No Retrial In Rancher Case
Arizona rancher George Alan Kelly, who was charged with second-degree murder for the shooting of a Mexican national on his border property in 2023, will not be retried, according to prosecutors from the Santa Cruz County Attorney's office. This decision comes after a mistrial was declared last week due to a deadlocked jury.
Kelly, 75, allegedly shot and killed Gabriel Cuen-Buitimea, a migrant, on his 170-acre cattle ranch near Nogales, Arizona in January 2023. The state originally charged Kelly with second-degree murder after he reportedly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, who was about 100 yards away from his property.
The trial centered around the circumstances of Cuen-Buitimea's death, with the prosecution arguing that Kelly recklessly used deadly force while the defense claimed that he only fired warning shots into the air. Kelly also claimed that he did not shoot directly at anyone. However, the fatal bullet was never recovered from the scene.
During the trial, prosecutor Mike Jette stated that Kelly escalated the situation and had no right to use deadly force to protect himself or his property. He also claimed that there was no evidence of any immediate threat to Kelly's home or yard. The defense, on the other hand, argued that Kelly only fired warning shots and that his actions were justified because he and his wife had previously spotted armed men on their property.
The question of Cuen-Buitimea's intentions was also raised in the trial, with the defense suggesting that he might have had ties to a cartel. Cuen-Buitimea had previously entered the country illegally and had been deported multiple times. The defense argued that this criminal background made him a potential danger to Kelly and his property.
The trial ultimately ended in a mistrial due to a lone holdout juror who wanted to convict, while the rest of the jury sought an acquittal. In light of this, the Santa Cruz County Attorney's office has decided not to seek a retrial. Deputy County Attorney Kimberly Hunley stated that this decision was made due to the unique circumstances and challenges surrounding the case.
Despite the mistrial, the case has sparked debates about the use of force and the issue of border security. Some have argued that Kelly was protecting his property and had the right to use deadly force, while others have criticized his actions and called for stricter border control measures.
Kelly's defense attorney, Brenna Larkin, rejected a plea deal earlier this year that would have reduced the charge to negligent homicide if Kelly agreed to plead guilty. Larkin argued that Cuen-Buitimea's criminal background was relevant to the case and showed that he was not just a migrant seeking a better life.
While the decision not to retry Kelly may bring closure for him and his family, it does not change the fact that a life was lost and an important question remains unanswered: was the shooting justified or unjustified? This case has shed light on the difficult and complex issues surrounding immigration and border control and will continue to spark debates and discussions in the future.