An Arizona rancher who faced charges of murdering an illegal immigrant won’t be convicted.
Santa Cruz County prosecutors are opting against trying George Alan Kelly a second time after his first murder trial ended in a mistrial, according to KOLD-TV.
A jury of eight voted against convicting Kelly last week by a 7-1 margin.
The lack of a unanimous verdict meant the trial could’ve been brought again by prosecutors, but they’re choosing not to further litigate the case.
#BREAKING Case against George Alan Kelly is dismissed—The state will not retry the case against the 75-year-old Arizona rancher.
Producer on the ground says, “A very full courtroom today drawing people from both the defense and Cuen-Buitimea. Santa Cruz County Office does not… pic.twitter.com/owNDYOhufp
— Ali Bradley (@AliBradleyTV) April 29, 2024
Prosecutors disclosed their intent to dismiss the case against Kelly in a Monday hearing.
BREAKING: Prosecutors have moved to drop charges against George Alan Kelly, there will be no retrial @KVOA
— Chorus Nylander KVOA (@CNylanderKVOA) April 29, 2024
Is this the right decision by the prosecutors?
Kelly was accused of killing Gabriel Cuen-Buitimea, 48, around Nogales on Jan. 30, 2023.
Prosecutors alleged that Kelly fired nine shots from an AK-47 rifle at a group of illegal immigrants who had crossed the U.S-Mexico border illegally.
In his defense, Kelly asserted that he merely fired warning shots, as opposed to intentionally shooting at anyone.
Kelly described seeing groups of individuals armed with rifles and backpacks at his southern Arizona property before firing warning shots, according to Court TV.
The defendant later found the body of Cuen-Buitimea against a mesquite tree one hundred yards away from his house hours later.
Cuen-Buitimea was later identified as a repeat deportee who had been previously convicted of illegally entering the United States, according to the Associated Press.
The 75-year old rancher described his legal ordeal as a “nightmare” that had come to an end upon leaving the Santa Cruz County courthouse.
“The nightmare is over… God will look after me…” Alan Kelly briefly addresses cameras outside the Santa Cruz County courthouse in Nogales after prosecutors decide not to retry the case against him: pic.twitter.com/W9jef9hfvo
— Ali Bradley (@AliBradleyTV) April 29, 2024
Kelly earlier refused a plea deal prosecutors offered that would’ve seen the senior citizen plead guilty to negligent homicide.
A consultant for Kelly’s legal team asserted that Santa Cruz County’s efforts to prosecute the rancher cost taxpayers more than $1 million, according to Fox News.
