State prosecutors announced on Monday that they will not pursue a new trial for George Alan Kelly, a 75-year-old Arizona rancher who had been charged with the shooting death of 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 difficulties associated with this case.
Kelly showed visible signs of emotion, with his head hanging low, as prosecutors made their announcement.
The defense has requested another hearing to consider dismissing the case with prejudice.
On Monday, the judge declared a mistrial in the case as the jurors were unable to reach a consensus 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 significant 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 searching for employment, was tragically killed by the bullet. Despite the authorities’ inability to find the projectile, Kelly’s defense team argued that someone else might have been responsible for the shooting. Notably, no other weapon was found at the scene.
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