Arizona Rancher George Alan Kelly Will Not Be Retried for Mexican Man’s Fatal Shooting
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Background
PHOENIX — The trial of George Alan Kelly, an Arizona rancher accused of fatally shooting a Mexican man on his property, concluded last week with a deadlocked jury. The jurors were unable to reach a unanimous decision, resulting in Santa Cruz County Superior Court Judge Thomas Fink declaring a mistrial on April 22 [1]. Prosecutors from the Santa Cruz County Attorney’s Office were left with the choice of seeking a retrial or dropping the case altogether [1].
No Retrial Decision
Deputy County Attorney Kimberly Hunley confirmed that the Santa Cruz County Attorney’s Office decided not to pursue a retrial for George Alan Kelly. Hunley expressed that due to the unique circumstances and challenges surrounding the case, a retrial is no longer being sought [1]. Judge Fink approved the decision and a hearing will be scheduled to determine if the case will be dismissed with prejudice, preventing it from being brought back to court [1].
Defense Attorney’s Response
Despite the developments, defense attorney Brenna Larkin has not yet provided a comment on the decision made by Judge Fink [1].
The Shooting Incident and Charges
The trial centered around the shooting of 48-year-old Gabriel Cuen-Buitimea on January 30, 2023, who lived just south of the border in Nogales, Mexico. Cuen-Buitimea was part of a group of men whom George Alan Kelly encountered that day on his cattle ranch in Nogales, Arizona. Kelly, a 75-year-old rancher, faced a second-degree murder charge related to the incident [1].
Mexican Official Involvement
Following the declaration of the mistrial, Cuen-Buitimea’s two adult daughters and Mexican consular officials met with prosecutors to discuss the implications of the case’s outcome [1]. The Mexican Consulate in Nogales, Arizona, has announced that it will provide a statement later in the day regarding the decision not to retry Kelly [1].
Prosecutor’s Allegations and Kelly’s Defense
Prosecutors have contended that George Alan Kelly recklessly fired nine shots from an AK-47 rifle toward the group of men, including Cuen-Buitimea, who were located approximately 100 yards away from him on his ranch. Kelly, however, maintained that the shots were fired in the air as a warning and that he did not intend to directly harm anyone [1].
Broader Context
The trial took place in the midst of a presidential election year, attracting significant attention to the issue of border security. Court officials even arranged for jurors to visit Kelly’s ranch as well as a section of the U.S.-Mexico border as part of the proceedings [1]. Earlier in the trial, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide had he pleaded guilty. In addition to the murder charge, Kelly faced allegations of aggravated assault of another person in the group of approximately eight individuals [1].
In Conclusion
The decision not to retry Arizona rancher George Alan Kelly for the fatal shooting of Mexican man Gabriel Cuen-Buitimea has brought an end to the trial proceedings. With the jury reaching an impasse, the Santa Cruz County Attorney’s Office has chosen not to pursue further legal action. The case has drawn attention due to the ongoing discussions surrounding border security, further highlighting the complexities surrounding this unique incident [1].
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