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January 1, Arizona Rancher Escapes Retrial: Fatal Shooting of Illegal Immigrant Remains Unresolved
Prosecutors announced that George Alan Kelly, a 75-year-old Arizona rancher accused of fatally shooting an illegal immigrant on his property, will not be retried in court. This decision follows a deadlocked jury and mistrial declared earlier this month.
Deputy County Attorney Kimberly Hunley told County Superior Court Judge Thomas Fink, “Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,” according to CBS News.
Kelly was charged with second-degree murder and aggravated assault on January 30, 2023, for allegedly shooting unarmed illegal immigrant Gabriel Cuen-Buitimea, 48. Cuen-Buitimea was traveling through Kelly’s property near the Arizona-Mexico border with a group of illegal immigrants, who were reportedly fleeing Border Patrol agents.
While Kelly’s team claimed he fired warning shots to protect himself and his wife, prosecutors argued that he recklessly fired his AK-47 from a distance of roughly 115 yards, allegedly striking Cuen-Buitimea in the back and causing his death.
After over two days of deliberation, jurors were unable to reach a unanimous decision on a verdict, and Judge Fink declared a mistrial on April 22. Fink informed prosecutors that they had the choice to either retry the case or drop it altogether, with prosecutors choosing the latter.
Brenna Larkin, Kelly’s defense attorney, plans to request the case be dismissed with prejudice, meaning it couldn’t be brought back to court. Larkin said, “We’re hoping we get the dismissal with prejudice, we’ll see how we go. I’m glad it’s over. We got the right result. I would have preferred a not guilty verdict and then this would be gone forever and then they would never have to worry about this,” according to KOLD-TV.
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JANICE HENRY
May 8, 2024 at 7:22 pm
THE ILLEGALS SHOULD NOT HAVE BEEN ON HIS PROPERTY. HE HAD THE RIGHT TO DEFEND ANYONE ON HIS PROPERTY. TOO BAD HE DIDN’T TAKE CARE OF ALL OF THEM. OUR BORDER PATROL NEED TO BE ABLE TO DO THE SAME THING SINCE STEPPING ON USA PROPERTY IS ILLEGAL.
Dave
May 8, 2024 at 7:28 pm
Illegal is the key word and using immigrant doesn’t fit. Illegal Alien fits!!
J
May 8, 2024 at 9:07 pm
agree 100%
Emmy skinner
May 8, 2024 at 11:29 pm
I also agree. I live near him. The illegal situation is out of control here. God help us and America.
wboehmer
May 9, 2024 at 5:41 am
Trespassers will be shot.
Karin Schulz
May 9, 2024 at 1:44 pm
I believe in protecting my property!!
Yes I am 100% with the Rancher!!!
.Eloise
May 9, 2024 at 10:40 pm
EXCELENT! Finslly an AMERICAN Citizen gets a fair shake.
N.R. Ringlee
June 4, 2024 at 9:08 am
OK, here is the next step for liberty loving citizens. Target the DA and drive that individual from office and from public service. This case should have never been prosecuted. The government has failed in its most fundamental Constitutional (and moral) duty:protect the many states from invasion. That being said, the failure of the federal government to successfully fulfill its role to defend the borders leaves citizens and communities on their own to react as best they can. Invading forces moving under the cover of darkness are a clear and present danger to anyone in their path. Armed cartels are escorting these folks. Deadly force is very often the only answer when you are overrun by an invading force.
Steven
June 4, 2024 at 8:05 pm
Actually, the case IS RESOLVED by the choice not to retry.
KLS
August 22, 2024 at 6:37 am
In today’s America, I’m surprised he was found guilty and hung from the nearest tree. Maybe there is still hope for this country afterall…..