George Alan Kelly, 75, will not face a retrial in the shooting death of an unarmed migrant on his Arizona property, after a jury deadlocked last week forcing a mistrial. Photo courtesy of Santa Cruz County Sheriff’s Office
April 29 (UPI) — Prosecutors in Arizona announced Monday they will not seek a retrial in the case of 75-year-old rancher George Alan Kelly, who was accused of shooting and killing an unarmed migrant on his property.
“Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s office has decided not to seek a retrial,” Deputy County Attorney Kimberly Hunley announced at Monday’s status hearing, after a deadlocked jury forced a mistrial last week.
Kelly’s defense team quickly filed a request that the case be dismissed with prejudice. A hearing on the request will be scheduled for a later date.
Kelly, who pleaded not guilty, was charged with one count of second-degree murder and two counts of aggravated assault with a deadly weapon in the shooting death of Gabriel Cuen Buitimea on Jan. 30, 2023. Buitimea, 48, was a migrant from Mexico and was found dead on Kelly’s 170-acre ranch near Nogales, close to the U.S.-Mexico border.
While defense attorneys argued Kelly called the U.S. Border Patrol and fired several warning shots at the men who he claimed were armed with AK-47s, prosecutors and witnesses said the men were not armed. The other migrants were not injured and managed to escape back to Mexico.
Outside Monday’s status hearing in Nogales, a number of demonstrators gathered outside the courthouse.
“It provides an indication to people it’s open season,” demonstrator Tracy Peterson told KGUN 9. “That migrants are crossing and they’re on your property, that it’s reasonable to shoot.”
When the decision was announced not to retry the case, Kelly appeared to be overcome with emotion and later told reporters “you hit the nail on the head, relief. Thank God.”
