75-year-old Arizona rancher George Alan Kelly became a free man on Monday after the state declined to retry him for fatally shooting an illegal immigrant trespassing his property.
Kelly has awaited this day for well over a year. Last week’s hung jury only extended closure in his case, if for just a little longer. Kelly’s case was declared a mistrial in the Santa Cruz County Superior Court after one lone juror wanted to convict, while the remaining seven wanted to acquit the rancher.
When asked on Monday whether he was concerned about activists and vigilantes retaliating against him over his exoneration, Kelly put his faith in his Savior.
“The nightmare’s over,” Kelly said in remarks leaving the court. “God’ll look after me, like he always has.”
Protestors waited for Kelly outside the courthouse and surrounded him, some shouting, as he exited the building. Some signs read: “Retrial: Gabriel’s murder is a hate crime,” and “Someone walking 100 yards away is not a threat: RETRIAL Kelly.”
Following last week’s mistrial, Kelly promised to not stop fighting for his freedom.
“It is what it is, and it will be what it will be. Let me go hope. I will not stop fighting,” said Kelly.
During Monday’s status reading, Santa Cruz Deputy County Attorney Kimberly Hunley told Judge Thomas Fink that “unique circumstances and challenges” surrounding Kelly’s case had resulted in their decision to not request a retrial.
As Hunley told the judge they wouldn’t contest a motion to dismiss, Kelly bowed his head with relief over the lectern where he stood to receive the county attorney’s remarks.
All that remains is for the court to set a hearing regarding whether the court will dismiss with or without prejudice.
In a press release, County Attorney George Silva warned that Kelly’s case wouldn’t be viewed as precedent for their office’s approach to future cases like his.
“[O]ur office’s decision in this case should not be construed as a position on future cases of this type,” said Silva. “Our office is mandated by statute to prosecute criminal acts, and we take that statutory mandate seriously.”
Kelly was charged with first-degree, then second-degree murder in the death of 48-year-old Gabriel Cuen-Buitimea, the illegal immigrant trespasser previously convicted and deported multiple times. Kelly told reporters that Cuen-Buitimea’s family had “his sincere sympathy.”
Cuen-Buitimea’s two adult daughters met with prosecutors last week to discuss the mistrial, accompanied by Marcos Moreno Baez, Mexican consul general in Nogales. The Mexican Consulate in Nogales later released a statement decrying Kelly’s exoneration and vowed to secure other means of punishment for Cuen-Buitimea’s death.
Law enforcement arrested Kelly last January after reporting the discovery of Cuen-Buitimea’s body about 100 yards from his home. Hours earlier, Border Patrol received a call from Kelly in which he reported hearing shots fired and witnessing allegedly armed men on his property carrying large backpacks.
Kelly attested that he fired warning shots above the illegal immigrant pack’s heads, not at them.
Cuen-Buitimea had been traveling with a group of illegal immigrant men, one of whom prosecutors used as a witness against Kelly.
Over several years leading up to Buitimea’s death, Kelly had contacted Border Patrol multiple times to report illegal immigrant border crossings on his property.
Now, free the so-called agitators from January 6 and jail the Biden and Pelosi crime families.
One less serial Illegal Alien border crosser to worry about. Kelly was within his rights to remove someone who was a threat to his family, property and the nation.
My only hope is that the DOJ doesn’t go after him on civil rights violations or the deceased family doesn’t try to file a wrongful death lawsuit against him
Buitimea was found with an encrypted radio. I’d bet that he is a cartel smuggler. That was his job. Who knows what enemies were out there.
Until Trump gets back in the White House, We The People are on our own. Screw Biden and the entire illegitimate “administration”.
So happy that Kelly is free. Illegal immigrants cause a whole lot of problems, their trash can be found in desert areas where they travel to invade. It’s bad enough all the financial support they receive. It’s odd how money can be “found” to support them but can never be found for our homeless and most important our Veterans!
I resent my taxes go to illegals but not to our own people. We should have a vote on this kind of spending.
Once again happy Kelly is free.
More like this!!!
“Our office is mandated by statute to prosecute criminal acts, and we take that statutory mandate seriously.”
You know that’s bunk. Illiberals prosecutors elect to persecute or turn a blind eye based on politics, not law or justice.
Maybe things have changed since I was a kid, but I thought when 1 person (let alone 7) refused to convict the defendant was declared, ‘not guilty’. But now the verdict has to be unanimous or the state gets a mulligan, and protections against double jeopardy are thrown out the window? That’s bull. The charges need to be dismissed with prejudice so the state can’t hold his over his head ad infinitum.
Justice is served! Good luck Mr. Kelly , and watch your six….
1st they didn’t recover bullets from his gun in this border incident
could have been ICE agent or other coyotes/gangs/druggies
JURY saw right thru this – 7 NOT GUILTY to 1 hold out wokie without clue
Sad part is, it might not have even been a wokie. I served on a grand jury where the DA _told_ us to vote ‘no bill’ because the accused had already made a plea deal, and some grizzled curmudgeon _still_ voted for a bill. Some people just want to smell witch flesh burn, I guess.
Of course it is going to be a precedent! Another one of the few times the courts get it right! On the other hand, firing a shot OVER the illegals back and actually hitting them means that Kelly needs more gun control…
Maybe the Border Patrol will start doing the job they are paid for and that is protecting America! Not coddling invaders.