Closing arguments set in case against Arizona rancher charged in fatal shooting of unarmed migrant

NOGALES, Ariz.– Closing arguments are expected Thursday in the trial of an Arizona rancher accused of fatally shooting an unarmed migrant on his property near the U.S.-Mexico border last year.

George Alan Kelly, 75, was charged with second-degree murder in the Jan. 30, 2023, shooting death of Gabriel Cuen-Buitimea, who lived just south of the border in Nogales, Mexico.

During the more than two-week trial, jurors visited Kelly’s 150-acre cattle ranch in Nogales, Arizona. Cuen-Buitimea, 48, was part of a group of men who encountered Kelly. The other migrants were not injured and managed to escape back to Mexico.

The case has drawn national attention as border security remains a top issue this election year and has drawn sympathy for the farmer from some on the political right. Court records show Cuen-Buitimea had previously entered the U.S. illegally and been deported several times, most recently in 2016.

Prosecutors alleged that Kelly recklessly fired an AK-47 rifle at the group about 300 feet away. Kelly said he fired warning shots into the air but did not shoot anyone directly, and that he feared for his safety and that of his wife and property.

Attorney Brenna Larkin has characterized groups of migrants crossing Kelly’s properties as an increasing concern over the years, prompting him to continually arm himself for protection.

Kelly had previously rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he had pleaded guilty.

Kelly was also charged with aggravated assault against another person in the group of about eight people, including a man from Honduras living in Mexico who testified at the trial that he was looking for work in the U.S. that day.