Mistrial declared in case of Arizona rancher accused of killing migrant

Mark Henle/The Arizona Republic via AP, Pool, File

A judge declared a mistrial on Monday in the case against George Alan Kelly, a 75-year-old Arizona rancher accused of murdering a Mexican migrant who was trespassing on his property near Nogales in January 2023.

The mistrial came after the jury remained deadlocked following several days of deliberations in the high-profile case. Kelly had been charged with second-degree murder and aggravated assault over the shooting death of 48-year-old Gabriel Cuen-Buitimea, reports the Daily Wire.

"Based upon the jury's inability to reach a verdict on any count, this case is in mistrial," Judge Thomas Fink of the Santa Cruz County Superior Court announced on Monday.

A status hearing has been scheduled for April 29 to determine if prosecutors will retry Mr. Kelly. He had pleaded not guilty to the charges in March 2023.

Kelly's defense team celebrated the mistrial as a victory, with lawyer Kathy Lowthorp telling The Epoch Times, "It's the second best answer – not guilty, and then a mistrial. So either way, it's a win, just not the perfect win."

AZ: “It is what it is, and it will be what it will be… I will keep fighting forever. I won’t stop.” Words from George Alan Kelly as he leaves the court yesterday after the judge declared a mistrial.

I have been talking with Alan for the last 14 months… We will see if the… pic.twitter.com/H2Ly8brdXe

— Ali Bradley (@AliBradleyTV) April 23, 2024

The rancher was accused of fatally shooting Mr. Cuen-Buitimea, a Mexican national, on January 31 as the victim was part of a group suspected of illegally crossing the border into the United States near Kelly's ranch.

Kelly claimed he fired warning shots after seeing the group, fearing for his and his wife's safety when he believed he saw rifles. He discovered Mr. Cuen-Buitimea's body later while searching his property. The defense argued Kelly did not directly shoot the victim.

However, prosecutors argued Kelly escalated the confrontation, with the county's lead prosecutor, Mike Jette, stating, "You do not have the right to use deadly physical force to protect a person who didn't need protecting."

The case drew national attention amid the polarizing debate around border security and immigration enforcement as illegal crossings have surged in Arizona and other border states under President Biden.