George Alan Kelly, an Arizona rancher, had his trial mistrial after he was accused of shooting an unarmed Mexican migrant on his land because only one of the jurors believed him guilty.
Kelly, 75, was charged with the murder of Gabriel Cuen-Butimea on January 30, 2023, at his home in Nogales, near the Mexican border.
His defense attorney, Kathy Lowthorp, said only one juror wanted to convict him and seven jurors wanted to acquit him. The defense wanted the jury to continue deliberations, but the judge decided to end the case.
“We believe in our guts that there was no way the state could prove it beyond a reasonable doubt,” she told reporters outside the courthouse.
“They won’t wear me out,” Kelly said after the decision, according to the Arizona Republic.
George Alan Kelly, an Arizona rancher, had his trial mistrial after he was accused of shooting an unarmed Mexican migrant on his land because only one of the jurors believed him guilty.
Kelly’s defense attorney, Kathy Lowthorp, said only one juror wanted to convict him and seven jurors wanted to acquit him. The defense wanted the jury to continue deliberations, but the judge decided to end the case.
Lowthorp believes the message a mistrial sends to prosecutors is clear: “Try again and maybe this time we’ll all have fair jurors who follow the law.”
She promises to represent Kelly if he is forced to stand trial again.
Kelly is convinced he will be acquitted if there is another trial: “They want ice water you-know-where.” And they don’t have it. So it’s like that.
“We do not have the choice. We have to do it,” he told the Arizona Daily Star. “If you’re in a sand trap, you have to keep hacking until you get out of it.”
The Santa Cruz County District Attorney’s Office can still decide whether to retry Kelly on any charges or drop the case altogether. A status hearing was scheduled for next Monday afternoon, during which prosecutors could tell the judge if they plan to dismiss the case again.
Lots on social media to have asked for Kelly to be free and for the county should not try it again.
The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberations.
DailyMail.com has contacted the Santa Cruz County District Attorney’s Office for comment.
Kelly, 75, was charged with the murder of Gabriel Cuen-Butimea on January 30, 2023, at his home in Nogales, near the Mexican border.
Kelly is convinced he will be acquitted if there is another trial: “They want ice water you-know-where.” And they don’t have it. So it’s like this
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men, including Cuen-Buitimea, about 100 yards (90 yards) from his cattle ranch.
After Monday’s ruling, Consul General Marcos Moreno Baez of the Mexican Consulate in Nogales, Ariz., said he would wait Monday evening with Cuen-Buitimea’s two adult daughters to meet with prosecutors from the Santa County District Attorney’s Office Cruz to learn more about the situation. consequences of a mistrial.
“Mexico will continue to follow the case and will continue to accompany the family seeking justice.” Moreno said. “We are hoping for a very fair result.”
Kelly’s wife noted that the affair has been going on for more than a year and continues to take a toll on their family.
“I feel like I’ve been in suspension for 15 months, and I’m not getting anywhere, and I’m still on this treadmill. We have to wait a little longer,” Wanda Kelly said.
Kelly was charged with second-degree murder for the killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men, including Cuen-Buitimea, about 100 yards (90 yards) from his cattle ranch.
Kelly said he fired warning shots into the air, but did not shoot directly at anyone.
Court officials took jurors to Kelly’s ranch as well as part of the border. Superior Court Judge Thomas Fink rejected media requests to follow the case.
Kelly was charged with second-degree murder for the killing of Cuen-Buitimea, 48, who lived just south of the border.
Kelly said he fired warning shots into the air, but did not shoot directly at anyone. Pictured: Kelly leaving the courthouse on March 22 with her attorney Kathy Lowthorp
County Attorney Michael Jette addresses jurors during closing arguments
Kelly was also charged with aggravated assault that day against another person in the group, including a man from Honduras who lived in Mexico and who testified during the trial that he had been to the United States that day to look for work.
The other migrants were not injured and all returned to Mexico.
Cuen-Buitimea lived just south of the border in Nogales, Mexico. He had previously entered the United States illegally several times and was deported, most recently in 2016, according to court records.
The trial, which lasted nearly a month, coincided with a presidential election year that sparked widespread interest in border security.
Fink had told jurors that if they failed to reach a verdict on the second-degree murder charge, they could try to get a unanimous decision on a lesser charge of manslaughter or negligent homicide.
A conviction for second-degree murder would have carried a minimum sentence of ten years in prison.
The jury heard the case Thursday afternoon, deliberated briefly that day, and then all of Friday and Monday before the judge called a mistrial.
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