State prosecutors won’t retry 75-year-old Arizona rancher accused of fatally shooting unarmed migrant

State prosecutors said Monday they will not seek to retry George Alan Kelly, 75, an Arizona rancher accused of fatally shooting an unarmed migrant on his property near the U.S. border. Mexican.

“Due to the unique circumstances and challenges surrounding this case, the Santa County District Attorney’s Office has decided not to seek a new trial,” Assistant County Attorney Kimberly Hunley said during a pretrial hearing. in condition.

As prosecutors made their announcement, Kelly could be seen lowering his head and appearing overcome with emotion.

Another hearing will be scheduled to consider the defense’s request to dismiss the case with prejudice.

Last Monday, a judge declared a mistrial after jurors failed to reach consensus on whether to charge Kelly with second-degree murder and aggravated assault. He had pleaded not guilty.

Kelly was accused of firing his AK-47 from a distance at a group of migrants crossing the border into Mexico. Prosecutors said Gabriel Cuen-Buitimea, 48, a migrant who lived just across the border in Nogales, Mexico, and was looking for work, was fatally struck. Law enforcement was never able to recover the bullet, and Kelly’s lawyers tried to argue that someone else could have shot him. No other weapons were found in the area.

This is a developing story. Check back for updates.