The case of George Kelly, a 75-year-old rancher charged with murdering an unarmed migrant on his property, has taken a surprising turn in Arizona. Prosecutors announced on Monday that they would not retry Kelly after a mistrial was declared last week.
Jurors were unable to reach a unanimous verdict in the case against Kelly, who fatally shot Gabriel Cuen-Buitimea, 48, on his ranch in Kino Springs, Ariz., after Cuen-Buitimea crossed the U.S.-Mexico border in January 2023. Judge Thomas Fink declared a mistrial on April 22.
The Santa Cruz District Attorney’s Office stated that due to the unique circumstances and challenges surrounding the case, they have decided not to retry Kelly. However, they emphasized that their decision in this case should not be seen as a stance on future cases of a similar nature.
Kelly’s lawyer, Brenna Larkin, did not immediately respond to requests for comment. Larkin previously mentioned that there was a hung jury in the case, with the final count being 7-1 in favor of finding Kelly not guilty.
The incident occurred when Cuen-Buitimea and another man, Daniel Ramirez, ran onto Kelly’s ranch while fleeing from Border Patrol agents. Kelly fired an AK-47-style rifle at them, resulting in Cuen-Buitimea being struck in the back and killed.
Kelly was initially charged with second-degree murder and aggravated assault in February 2023. The case sparked debate among immigration critics and conservative ranchers, with some viewing Kelly as a victim and others condemning the shooting.
According to court documents, Kelly and his wife saw several armed men near their home while eating lunch on the day of the shooting. Kelly responded by firing warning shots over the heads of the group, as stated by Larkin in court documents.
During closing arguments, Deputy Santa Cruz County Attorney Michael Jette alleged that Kelly had fired his gun without any verbal warning or indication. Prior to the trial, Kelly rejected a plea agreement that would have reduced the charges to one count of negligent homicide.
The outcome of this case has left many with mixed feelings, highlighting the complexities and controversies surrounding issues of border security and self-defense.
