Arizona Judge Declares Mistrial in Murder Case of Rancher Accused of Killing Mexican National

An Arizona judge has declared a mistrial in the murder case of rancher George Alan Kelly, who was accused of killing a Mexican national on his border property. The jury was deadlocked after 15 hours of deliberation, with seven jurors leaning towards a not guilty verdict and only one convinced of Kelly's guilt.

Kelly, 75, was charged with one count of second-degree murder and two counts of aggravated assault with a deadly weapon in the shooting death of Gabriel Cuen Buitimea on January 30, 2023. Prosecutors alleged that Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen Buitimea, who was about 100 yards away on Kelly's cattle ranch. They claimed Kelly placed the life of another migrant, Daniel Ramirez, in danger as well.

However, Kelly's attorneys argued that he fired warning shots in the air after calling the U.S. Border Patrol about a group of armed men trespassing on his property. They suggested that someone else, possibly border bandits, may have killed Cuen Buitimea. The defense also claimed the investigation was biased and flawed, and that investigators mishandled the case.

Why this matters: The nearly month-long trial coincided with a presidential election year that has drawn widespread interest in border security. The case highlights the complex issues surrounding immigration, property rights, and the use of force along the U.S.-Mexico border.

Investigators testified that Cuen Buitimea's wound was consistent with a bullet fired from near Kelly's house, and that Kelly made inconsistent statements about the number of intruders and whether they had guns. The Mexican consulate has been closely following the case and supporting the family of the victim. In a statement, they said, "The evidence shows he [Cuen Buitimea] was unarmed and shot in the back by a high-caliber weapon."

With the mistrial declared, the Santa Cruz County Attorney's Office must now decide whether to retry the case or drop the charges altogether. A status hearing is scheduled for next Monday, when prosecutors will inform the judge of their decision. Kelly told reporters he won't let prosecutors "wear him down" if he is retried, while his defense attorney expressed hope that the case will not have to go through another trial.

Key Takeaways

• Arizona judge declared mistrial in rancher's murder case.
• Rancher George Alan Kelly accused of killing Mexican national on his property.
• Jury deadlocked, 7 jurors leaned towards not guilty, 1 convinced of guilt.
• Defense argued Kelly fired warning shots, others may have killed victim.
• Prosecutors must decide whether to retry the case or drop charges.