A judge in southern Arizona has declared a mistrial in the case of a rancher, George Alan Kelly, who was accused of shooting and killing an illegal alien crossing his private property in 2023.
Kelly, age 75, was charged with second-degree murder for the shooting of Gabriel Cuen-Buitimea, a suspected cartel guide. Cuen-Buitimea was seen at the time with another illegal alien, both of them carrying weapons and backpacks.
Prosecutors claimed that Kelly recklessly fired nine shots toward a group of men, including Cuen-Buitimea.
Kathy Lowthorp, Kelly’s co-counsel, told NewsNation after the judge declared a mistrial that the jury was 7-1 for a “not guilty” verdict.
As previously reported by the Arizona Daily Independent:
Kelly was arrested Jan. 30 and charged with premeditated first degree murder after he reported finding the body of Cuen-Buitimea about 100 yards from Kelly’s home. Just hours earlier, Kelly had called the U.S. Border Patrol to report hearing shots fired and seeing armed men on his property carrying large backpacks.
Cuen-Buitimea was found with a camouflaged backpack and a two-way radio. He had been shot in the back with the bullet going through his body. The bullet has not been recovered, according to court documents.
Formal charges were filed by the Santa Cruz County Attorney’s Office on Feb. 2, with Kelly facing just one count – premeditated first degree murder, which is a Class 1 felony that can lead to the death penalty. Eventually two counts of aggravated assault against two men who claim they were with Cuen-Buitimea when he was shot were added.
A Feb. 24 preliminary hearing resulted in Justice of the Peace Emilio Velasquez ruling there is probable cause to pursue a second degree murder charge without premeditation as well as two counts of aggravated assault.
Jan. 30 was not the first time Kelly has had contact with USBP in the last few years concerning illegal border crossings on his property in the Kino Springs area east of Nogales, about two miles from the border.
Numerous reports were made by Kelly and his neighbors the last two years, and like many ranchers Kelly reportedly provided keys to his gate so USBP agents could have easy access to investigate illegal activity.
When asked to comment after the judge’s ruling, Kelly told reporters, “It is what it is, and it will be what it will be. Let me go hope. I will not stop fighting.”
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the judge mitigating from the bench – FIRE HIM! It was 7-1 NOT GUILTY ! from the jury of his peers! Politico judges the new ‘jury’ same as with they are doing to trump – no charges make up a new law and new legal system.. on the fly
More like this! Beat back the invasion!
He was on trial for taking out the trash.
Screw the Bidenistas. Americans have the right to life, liberty, and the pursuit of happiness. Illegals don’t.
The Justice of the Peace that wanted 2nd degree murder charges brought is stepping down due to cancer. Too bad.
I thought you had the right as a property holder to protect you land from intruders unless they ask to be allowed on your property and if involved in an illegal activity and via the castle doctrine protect yourself.
Respectful clarification. Castle Doctrine ONLY gives you the right to use deadly force when inside of your living quarters (your home) outside of your home, you still can use force, but not deadly force. There are 03 kinds of trespassing in Arizona. None of them gives you the right to use deadly force against a trespasser. However, you can display a firearm to. Confront a trespasser. If you are attack by said individual or individuals, then you can use lethal force because you are no longer defending property, but innocent human life.
As it was apparently 7-1 to acquit, they may not choose to retry. We hope!
I’m glad there was a mistrial. If they try him again I expect another one too. This is the Biden DOJ telling ranchers they’re not allowed to defend their land from illegals or drug smuggles. They want these criminals in the US
This isn’t DOJ or Federal it is the Santa Cruz County Attorney. An elected official up for election in November
There should have been no trial and any investigation should have ceased the moment the body was confirmed to be a suspected cartel or ms-13 invader.
It was 7-1 for Not guilty, an important fact left out, maybe the most important one, why not in article?
by declaring mistrial they can still prosecute and bankrupt this guy
judge didn’t want non-guilty
This is the best news in a long time. The case was a total sham; the prosecutors from Santa Cruz county should be grossly ashamed! Anything to keep their grant money, or should I say, “blood money”.
But that’s the marxists’ agenda: do all you can to destroy America, and Americans, while coddling and providing for lawbreakers.
I don’t know where it all ends, but I do know the One Who does.
Speaking as a 24 year veteran of Arizona law enforcement, this case was total BS from the get-go. I’m happy for the outcome, and disgusted by the marxist’s media spin on what actually happened. Freedom and Liberty won today. Rest easy Mr. Kelly, and thank you for fighting the good fight.
Excellent!