An Arizona judge has declared a mistrial in the high-profile case of George Alan Kelly, 75, the rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border.
The decision came after jurors failed to reach a unanimous verdict after more than two full days of deliberation in the trial, which centered around the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea.Kelly was charged with second-degree murder in the killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico. Prosecutors alleged that Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards away on his cattle ranch. However, Kelly claimed that he only fired warning shots in the air and did not directly shoot at anyone.
During the trial, the jury was shown the crime scene and heard testimony from both prosecution and defense witnesses. The case has garnered significant attention due to its occurrence during a presidential election year with heightened interest in border security. The Santa Cruz County Attorney’s Office now has the option to retry Kelly for any charge or drop the case altogether. A status hearing has been scheduled for next Monday afternoon, where prosecutors will inform the judge of their decision.
Following the mistrial, Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, expressed that he would meet with prosecutors to discuss the implications of the mistrial and that Mexico would continue to support the family’s pursuit of justice. Kelly’s defense attorney did not immediately respond to a request for comment after the ruling was issued.
The case has sparked discussions about border security, immigration, and the use of deadly force. It remains to be seen what the outcome will be, as the prosecution has yet to decide whether to retry Kelly or drop the charges. The mistrial serves as a reminder of the complex and often contentious issues surrounding immigration and border security in the United States.
