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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.
J
May 8, 2024 at 9:07 pm
agree 100%