Arizona rancher George Alan Kelly would refuse a plea deal and is confident he’ll be acquitted if he’s tried again over shooting death of migrant on his land after mistrial: ‘He is an innocent man’

The criminal case against George Alan Kelly, who was charged with manslaughter in the shooting death of a migrant at his Arizona ranch, has ended in a mistrial, a judge said Monday, making his defense team optimistic.

Jurors had been deliberating since last Thursday, capping a four-week trial, with one dropout unable to agree on a verdict. It is now up to prosecutors whether to retry Kelly, 75, or drop the charges.

Kelly’s attorney, Kathy Lowthorp, told NewsNation that Kelly is unlikely to accept a plea deal and that prosecutors have “very little hope of being productive in a second trial.”

“He’s an innocent man,” Lowthorp said. “I believe I showed that the state had no evidence and therefore I was confident that I would be found innocent at trial.”

The defense wanted the jury to continue deliberations, but the judge decided to end the case. According to Kelly’s defense team, seven of the eight jurors wanted to vote not guilty, which, if true, could play a big role in the state’s decision on whether it would be a good idea to proceed with a second trial .

Kelly’s attorney, Kathy Lowthorp, said only one juror wanted to convict and seven jurors wanted to acquit. The defense wanted the jury to continue deliberations, but the judge decided to end the case

Gabriel Cuen-Butimea, 48, was shot dead on January 30, 2023 while on Kelly’s land. He was wearing combat boots and carrying a radio, which the Border Patrol chief said indicated he was part of the cartel

Kelly’s ranch in Nogales is a stone’s throw from the border. Nogales is a known hotspot for drug smuggling, where the cartel is “particularly aggressive,” border agents said

Kelly is confident he will be acquitted if there is another trial: “They want ice water in you-know-what. And they don’t have it. So it is what it is’

Prosecutors said Kelly, 75, fired the shot that killed Mexican migrant Gabriel Cuen-Buitimea, 48, on Jan. 30, 2023.

Prosecutors allege Kelly recklessly fired his AK-47 nine times at a group of migrants 100 yards away who entered his 170-acre cattle ranch near the U.S.-Mexico border.

According to law enforcement officials, the group, which also included Cuen-Buitimea, is believed to be fleeing from Border Patrol agents. During the trial, prosecutors alleged that Kelly’s story to the Border Patrol kept changing. First they said he fired back at five individuals who shot him, then said it was a group of 10 to 15 people armed with AR-style rifles, ABC News reported.

Kelly said he fired warning shots into the air to deter the group and never intended to hit, let alone kill, anyone. The defense said authorities lied about Kelly admitting to shooting multiple people.

“That wasn’t true, Alan never said that,” said Kelly’s other attorney, Brenna Larkin.

“The police didn’t listen and they didn’t care, they had already decided he was guilty.”

Kelly was charged with second-degree murder in the killing of 48-year-old Cuen-Buitimea, who lived just south of the border. Pictured: Kelly listens to closing arguments on April 18

Kelly has said he fired warning shots into the air but did not shoot anyone directly. Pictured: Kelly leaving the courthouse with his attorney Kathy Lowthorp on March 22

Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men, including Cuen-Buitimea, about 300 feet away on his cattle ranch.

County Attorney Michael Jette addresses jurors during closing arguments

Lowthorp said Kelly is in “good spirits” and has decided to retain her and Larkin again if there is another trial.

Cuen-Buitimea, who was found with a bullet hole in his back on Kelly’s ranch, lived just south of the border in Nogales, Mexico. He had previously entered the U.S. illegally several times and was deported, most recently in 2016, court records show.

Kelly was also charged with aggravated assault against another person from the group who ended up on his property, including a man from Honduras living in Mexico who testified at trial that he had gone to the U.S. that day looking for work.

A second-degree murder conviction would have carried a minimum prison sentence of 10 years, and next Monday attorneys from both sides will meet with the judge to figure out whether a second trial is necessary or if the charges should be dismissed.