Mistrial Declared in Case of Arizona Rancher Accused of Killing Unarmed Migrant

DEBARYLIFE – The criminal case of 75-year-old Arizona rancher George Alan Kelly, who is charged with shooting and killing a migrant on his property close to the border between the United States and Mexico, has been declared a mistrial by the judge, the court confirmed on Monday night.

The jury began deliberating in the afternoon on Thursday.

Kelly was accused of second-degree murder and aggravated assault in connection with the shooting death of Gabriel Cuen-Buitimea, 48, a migrant who resided in Nogales, Mexico, on January 30, 2023. He entered a not-guilty plea.

Cuen-Buitimea was traveling with a group of migrants, according to law enforcement officials, who fled when they spotted border patrol agents nearby. Cuen-Buitimea and another immigrant were said to be traveling through Kelly’s cattle ranch on their way back to the southern side of the border.

At that point, according to the prosecution, Kelly fired an AK-47 at Cuen-Buitimea fatally in the back at a distance of roughly 115 yards.

Prosecutors brought up Kelly’s contradictory remarks to law enforcement officers during the course of the inquiry during the trial.

Kelly first reported to Jeremy Marcel, a border patrol agent who served as a ranch liaison, that he was returning fire after being shot at by five armed people running southward while wearing packs, according to the prosecution.

Kelly, according to the prosecution, first neglected to inform law enforcement officers that he had fired his gun. Minutes later, he informed law enforcement officials there was a group of ten to fifteen persons carrying AR-style rifles, according to the prosecution. At that point, his account allegedly altered.

Cuen-Buitimea was unarmed, according to the authorities, and there was no proof that another firearm had been discharged.

During his closing arguments, prosecutor Mike Jette posed the following question to the jury: “Would that be what a reasonable person would do in that situation? When you see two unarmed migrants walking southbound beyond two fence lines and you take your AK-47, you walk out and don’t say a word, point it at them and you shoot. “The answer has to be no.”

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Kelly’s attorneys attempted to find flaws in the prosecutor’s version of events and charged that police had neglected to pursue additional leads that could have exonerated their client. Additionally, they charged that law enforcement had made up a story that Kelly had acknowledged shooting at least a few victims.

“Alan never stated that, so it was untrue. Defense lawyer Brenna Larkin stated, “Law enforcement wasn’t paying attention and didn’t care; they had already determined that he was guilty.

Kelly was defending himself and his spouse, according to the defense, and he only fired warning bullets from a few yards above the gathering.

The bullet that hit Cuen-Buitimea was lost to the authorities. He was shot by another member of the group, according to the defense.

During the trial, lead detective Jorge Ainza testified that he thought Kelly had shot at Cuen-Buitimea.

“This does not entail any other shots. “A powerful rifle, an AK-47, with a trajectory straight from Mr. Kelly’s house, seriously injured the victim,” he claimed.

The jury paid a visit to Kelly’s ranch during the trial. Nine round casings in all, according to investigators, were discovered outside Cuen-Buitimea’s residence and matched the pattern of shots fired in his direction.

A migrant named Daniel Ramirez testified before the jury, claiming he was alongside Cuen-Buitimea when the latter gripped his chest and uttered the words “I’m hit” before passing away.

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In his testimony, Ramirez said that they weren’t trafficking drugs; rather, they were being smuggled into the country. Ramirez acknowledged that he had once smuggled marijuana in order to pay the smugglers less than what they demanded to get him across the border. Kelly was accused of assaulting Ramirez with great severity.

Additionally, jurors were shown text messages Kelly reportedly sent, which the prosecution claimed provided insight into his mental condition in the weeks leading up to the massacre.

“OVERUN CARTEL OF DRUG. “AK GTN WORK IS A LOT,” one text said.

Kelly and a buddy had another text message interaction on November 23, 2022, according to court papers that ABC News was able to obtain. Kelly’s pal inquired about his Thanksgiving plans.

“PATROLN THE BORDER 4 U NORTHENRS!” stated Kelly.

“Shoot straight,” the friend answered.

“OR SHOOT MANY ROUNDS!” Kelly answered.