Prosecutors won’t retry Arizona Rancher accused of killing Mexican man

PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property last week ended with a deadlocked jury.

Jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.

After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or drop the case.

“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County District Attorney’s Office has decided not to seek a new trial,” Deputy Attorney Kimberly Hunley told Fink on Monday.

Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine whether the case would be dismissed with prejudice, which would mean the case could no longer go to trial.

Kelly’s attorney Brenna Larkin told the judge she would file a motion to dismiss the case with prejudice.

Larkin did not immediately return an email request for comment after the ruling.

Then a reporter from Tucson TV station KGUN When he asked for Kelly’s reaction outside the courthouse, he said he felt “relief.”

“The nightmare is over,” Kelly added, saying the victim’s family “has my sincere condolences.”

Kelly was followed by demonstrators demonstrating on behalf of 48-year-old Gabriel Cuen-Buitimea, who was fatally shot on January 30, 2023.

“Gabriel was a human being,” read a sign carried by protesters.

“Someone walking 300 feet (91.44 meters) away is not a threat,” said another, calling for a new trial.

Kelly, 75, had been on trial for almost a month in Nogales, a city on the border with Mexico. The rancher had been charged with second-degree murder in the slaying outside Nogales, Arizona.

Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He was part of a group of men Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn more about the consequences of a mistrial.

The Mexican Consulate in Nogales, Arizona, said it would release a statement later.

Prosecutors had said Kelly recklessly fired nine shots an AK-47 rifle towards a group of men on his cattle ranch, including Cuen-Buitimea, about 90 meters away. Kelly has said he fired warning shots into the air, but claims he did not shoot anyone directly.

The trial coincided with a presidential election year that has sparked widespread interest in border security. During this period, court officials took jurors to Kelly’s ranch as well as part of the US-Mexico border.

Previously, Kelly had one agreement with the prosecutors that would have reduced the charge to one count of negligent homicide if he had pleaded guilty.

Kelly was also charged with aggravated assault on another person in the group of about eight people.