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An Arizona rancher has been charged with first degree murder and has been set on $1 million bail for fatally shooting a Mexican citizen on his property.
George Alan Kelly, 73, was arrested following the fatal Jan. 30 shooting of 48-year-old Gabriel Cuen-Butimea at his ranch in Kino Springs, just a mile and a half north of the US-American border. Mexico.
Authorities are still investigating the fatal shooting, and the Santa Cruz County Sheriff’s Deputy Chief said it does not appear that Kelly knew Cuen-Butimea prior to the shooting.
But federal court records show Cuen-Butimea has had a history of illegally crossing the US-Mexico border and was deported into the country multiple times, most recently in 2016.
And hours before the fatal shooting, Nogales International US Border Patrol agents reportedly informed the county sheriff’s department of a “possible active shooter” on the scene with a man who identified himself as Allen saying he wasn’t sure if he was being shot.
George Alan Kelly, 73, faces first-degree murder charges for shooting a Mexican migrant on his property on January 30.
Santa Cruz County sheriff’s officials said they discovered Cuen-Butimea’s body about 100 to 150 yards from Kelly’s home on January 30.
The victim appeared to have suffered a gunshot wound. The identity of the Nogales, Mexico, resident was later confirmed because of a Mexican voter card he was carrying.
Authorities say they are still trying to clarify the circumstances surrounding the shooting and establish a motive, with Deputy Chief Gerardo Castillo saying: “It doesn’t appear that Mr. Kelly and the [victim] they knew each other.’
But under Arizona law, deadly force on one’s property is allowed if the owner believes it is “immediately necessary” to prevent trespass.
Several other statutes, known as ‘stand your ground’ laws, also advocate the use of physical or deadly force when a property owner fears a threat and believes force is necessary.
Federal court records show that Cuen-Butimea has had a history of illegal border crossings and deportations in and around Nogales, with the most recent documented case in 2016.
Castillo declined to comment on Cuen-Butimea’s immigration status, saying it has not yet been confirmed.
The body of 48-year-old Nogales, Mexico resident Gabriel Cuen-Butimea was found on Kelly’s sprawling ranch.
According to a sheriff’s dispatch report obtained by Nogales International, the office first received a call around 2:40 p.m. on January 30 from U.S. Border Patrol agents, relaying information about a “possible shooter Active” in the Sagebrush Road area.
Border Patrol agents had apparently received a report from someone on the scene, who mentioned a “group of people running” and said he “wasn’t sure if they were shooting at him as well.”
The entry identified the person as ‘Allen’.
Castillo said the sheriff’s department responded to the call but found nothing.
However, just hours later, around 5:50 p.m., sheriff’s deputies received another report of gunshots on the property, and at 6:42 p.m., recovered Cuen-Butimea’s body.
Authorities have said the victim was not carrying a weapon at the time, and investigators later collected two assault rifles from Kelly’s property to determine if either was used in the shooting.
Santa Cruz County Sheriff’s Department Deputy Chief Gerardo Castillo said the office is still investigating the incident.
At his last court hearing, Kelly had asked a judge to lower his bail, citing his wife.
“She’s there all by herself… no one to take care of her, the cattle or the ranch,” he said, according to Nogales International.
Kelly appears to be an author, writing about life as a rancher in southern Arizona.
And I’m not going anywhere. I can’t find a million dollars,’ he said, before asking the judge to ‘consider reducing it to some degree.’
The judge responded that his lawyer could request a bail reduction, although it is unclear if such a request was made.
Local attorney Brenna Larkin, who was appointed by the court to represent Kelly, did not immediately return a call seeking comment on the charges against her.
DailyMail.com has also reached out to members of Kelly’s family for comment.
The Kellys had previously sued to prevent a golf resort from being built in Kino Springs, court documents show, seeking $2,000,000 in damages.
It is not clear what happened in that case.
Kelly is now being held at the Santa Cruz County Jail and will return to court on Wednesday.
He has self-identified as a rancher, but also seems to dabble in self-published fiction about ranch life in the border region.
One of his books, available as an e-book on Amazon, is titled Far Beyond the Border Fence and is described as “bringing the Mexican border/drug conflict into the 21st century.”
The protagonists of the story are a couple whose first names coincide with those of Kelly and his wife, Wanda, and even includes the name of their son.
The 57-page work revolves around a character who lives in southern Arizona at VMR Ranch: Kelly and his wife’s real-life ranch is called Vermilion Mountain Ranch.
He describes how George’s character and his foreman “had to patrol the ranch every day, armed with AK-47s.”