A judge declared a mistrial in the criminal case of 75-year-old Arizona rancher George Alan Kelly, who was accused of killing and shooting a migrant on his property along the US-Mexico border, the court reported Monday night.
Jurors have been deliberating since Thursday afternoon.
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In the fatal shooting of Gabriel Cuen-Buitimea, a 48-year-old migrant from Nogales, Mexico, on January 30, 2023, Kelly faced charges of second-degree murder and aggravated assault. He pleaded not guilty.
According to law enforcement officials, Cuen-Buitimea was traveling with a group of migrants who fled when they observed border patrol agents nearby. Cuen-Buitimea and another migrant were allegedly returning to the south side of the border when they traveled through Kelly’s cattle ranch.
Prosecutors claimed Kelly recklessly discharged his AK-47 from around 115 yards, fatally striking Cuen-Buitimea in the back.
During the trial, prosecutors highlighted Kelly’s conflicting comments to law enforcement officers throughout the inquiry.
According to prosecutors, Kelly originally told Jeremy Marcel, a border patrol agent who served as a ranch liaison, that he was returning fire after being shot at by a group of five armed people wearing packs and fleeing south.
Prosecutors alleged Kelly first failed to inform law enforcement agents that he had shot his weapon. Prosecutors claim his narrative altered minutes later when he informed officers there was a gang of around 10–15 people armed with AR-style weapons.
Authorities claim Cuen-Buitimea was unarmed and there was no evidence of the discharge of another firearm.
“When you see two unarmed migrants walking southbound beyond two fence lines and you take your AK-47, walk out, don’t say a word, point it at them, and shoot, would that be what a reasonable person would do in that situation?” In his closing arguments, prosecutor Mike Jette posed this question to the jury. “The answer has to be no.”
Kelly’s lawyers attempted to find holes in the prosecutor’s narrative of the incident, accusing law enforcement officers of neglecting to pursue additional leads that would have exonerated their client of any misconduct. They also accused law enforcement of making false claims that Kelly admitted to shooting many individuals.
“That was not true; Alan never said it. “Law enforcement wasn’t listening, and they didn’t care; they had already decided that he was guilty,” defense attorney Brenna Larkin stated.
Kelly’s defense claimed he was protecting himself and his wife by firing warning rounds several yards above the gathering.
Authorities were unable to locate the bullet that injured Cuen-Buitimea. Another member of the group, according to the defense, shot him.
During the trial, lead detective Jorge Ainza testified, telling Kelly’s attorneys that he believed Kelly shot at Cuen-Buitimea.
“There are no other shots involved in this.”Mr. Kelly claimed that a high-powered rifle, an AK-47, fired directly from his home seriously injured the victim.
During the trial, jurors went to Kelly’s ranch. Investigators said they discovered nine shell casings outside his home that corresponded to gunfire fired in Cuen-Buitimea’s direction.
Jurors also heard testimony from Daniel Ramirez, a migrant who claimed to be accompanying Cuen-Buitimea, who gripped his chest and shouted, “I’m hit” before dying.
Ramirez stated in his testimony that he was not trafficking drugs, but rather smuggling them into the United States. Ramirez acknowledged smuggling marijuana on one previous occasion to minimize the cost he owed smugglers for transporting him across the border.
Kelly was accused of aggravated assault on Ramirez.
Prosecutors also presented jurors with text messages allegedly sent by Kelly, claiming they revealed his state of mind in the weeks leading up to the shooting.
One text message read, “OVERUN WITH DRUGS CARTEL. “AK GTN A LOT OF WORK.”
Court documents obtained by ABC News revealed another text message interaction between Kelly and a friend on November 23, 2022. The companion inquired about Kelly’s Thanksgiving plans.
“PATROLN THE BORDER 4 U NORTHENRS!” Kelly stated.
“Shoot straight,” the friend responded.
“OR SHOOT MANY ROUNDS!” Kelly replied.
