The court has confirmed that a mistrial has been declared in the criminal case against George Alan Kelly, a 75-year-old Arizona rancher. Kelly was accused of fatally shooting a migrant on his property near the U.S.-Mexico border.
The jurors had been deliberating since Thursday afternoon.
Kelly faced charges of second-degree murder and aggravated assault for the shooting that occurred on January 30, 2023. The victim, Gabriel Cuen-Buitimea, was a 48-year-old migrant residing in Nogales, Mexico. Despite the charges, Kelly maintained their innocence and pleaded not guilty to the allegations.
According to law enforcement officials, Cuen-Buitimea was part of a group of migrants who fled upon encountering border patrol agents in the vicinity. It is alleged that Cuen-Buitimea, along with another migrant, were making their way back to the southern side of the border when they crossed through Kelly’s cattle ranch.
Prosecutors claim that Kelly fired his AK-47 in a reckless manner, shooting Cuen-Buitimea in the back from a distance of approximately 115 yards.
Throughout the investigation, prosecutors highlighted the inconsistent statements made by Kelly to law enforcement officials during the trial.
Prosecutors state that Kelly initially claimed self-defense, stating that he was returning fire after being shot at by a group of five armed individuals who were wearing packs and running southbound.
According to prosecutors, Kelly initially neglected to disclose to law enforcement that he had fired his weapon. However, moments later, his account shifted, as he informed officials that a group of approximately 10-15 individuals, armed with AR-style rifles, was responsible.
Cuen-Buitimea was found to be unarmed by the authorities, who were also unable to discover any evidence of another weapon being fired.
During his closing arguments, prosecutor Mike Jette posed a thought-provoking question to the jury. He asked them to consider whether it would be reasonable for someone to take an AK-47, approach two unarmed migrants walking southbound, and shoot at them without any warning. Jette firmly stated that the answer to this question should unequivocally be “no.”
Kelly’s legal team made efforts to undermine the prosecutor’s version of events and alleged that law enforcement authorities neglected to pursue alternative leads that would have exonerated their client. Furthermore, they asserted that law enforcement falsely stated that Kelly confessed to firing shots at multiple individuals.
Defense attorney Brenna Larkin vehemently denies the claim, asserting that Alan never made such a statement. Larkin argues that law enforcement showed a clear disregard for the truth, as they had already formed their opinion of Alan’s guilt.
According to the defense, Kelly asserted that he was acting in self-defense to protect himself and his wife. He stated that he fired warning shots, intentionally aiming above the group, as a means of deterring any potential threat.
Despite exhaustive efforts, law enforcement officials were unable to locate the bullet that had wounded Cuen-Buitimea. The defense argued that he had been shot by an individual within the same group.
During the trial, lead detective Jorge Ainza testified and informed Kelly’s attorneys that he was of the belief that Kelly had fired shots at Cuen-Buitimea.
According to the investigator, the victim’s injury was caused by a high-powered rifle, specifically an AK-47 rifle, which was fired from Mr. Kelly’s residence.
Jurors had the opportunity to visit Kelly’s ranch during the trial. According to investigators, they discovered a total of 9 shell casings outside his home that matched the pattern of shots fired in Cuen-Buitimea’s direction.
During the trial, jurors were presented with testimony from Daniel Ramirez, a migrant who had been with Cuen-Buitimea at the time of the incident. Ramirez recounted how Cuen-Buitimea had grabbed his chest and uttered the words, “I’m hit,” just moments before succumbing to his injuries.
During the testimony, Ramirez stated that he and others were being smuggled into the United States, clarifying that they were not involved in drug trafficking. Ramirez also confessed that on a prior occasion, he had smuggled marijuana as a means to lessen the fee he owed to the smugglers who were helping him cross the border.
Kelly faced charges of aggravated assault against Ramirez.
Jurors were presented with text messages that prosecutors claimed were sent by Kelly, providing insight into his state of mind leading up to the shooting.
“Wow, we are really overwhelmed with drug cartel activity here. It’s a non-stop battle,” one text message revealed.
In court documents obtained by ABC News, there was a text message exchange between Kelly and a friend on November 23, 2022. The friend inquired about Kelly’s plans for Thanksgiving.
“Patrolling the Border for You Northerners!” exclaimed Kelly.
The friend responded with a straightforward answer, “Shoot straight.”
“Or shoot many rounds!” Kelly exclaimed.
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