State prosecutors announced on Monday that they will not pursue a retrial for 75-year-old George Alan Kelly. The Arizona rancher had been accused of shooting and killing an unarmed migrant on his property near the U.S.-Mexico border.
Deputy County Attorney Kimberly Hunley announced during a status hearing that the Santa County Attorney’s office has made the decision to not pursue a retrial due to the exceptional circumstances and challenges surrounding this case.
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As the prosecutors made their announcement, Kelly’s head hung low and he seemed to be overwhelmed with emotion.
The defense has requested another hearing to consider dismissing the case with prejudice.
On Monday, the judge announced a mistrial in the case as the jurors could not come to a unanimous decision on whether to charge Kelly with second-degree murder and aggravated assault. Kelly had pleaded not guilty to the charges.
Kelly allegedly fired his AK-47 from a considerable distance towards a group of migrants returning to Mexico. The prosecution claimed that Gabriel Cuen-Buitimea, a 48-year-old migrant from Nogales, Mexico, who was seeking employment, was tragically killed by the bullet. Despite efforts, law enforcement could not find the bullet, leading Kelly’s defense team to suggest the possibility of another person being responsible. Notably, no other weapons were found in the vicinity.
