Conservatives have welcomed the mistrial against Arizona farmer George Alan Kelly, who was accused of fatally shooting a Mexican migrant on his land.
Kelly, 75, was charged with killing Gabriel Cuen-Buitimea last January at his home in Nogales, near the Mexican border.
Prosecutors said Kelly recklessly fired nine shots an AK-47 rifle towards a group of men about 100 yards away on his cattle ranch.
Outside court Monday, after jurors failed to reach a unanimous decision after more than two full days of deliberation, Kelly said, “let me go home.”
He told reporters: ‘It is what it is and it will be what it is, let me go home. I will keep fighting forever, I won’t stop.’
The Mexican Consulate in Nogales has since said it hopes the state will retry the case and that justice will be served.
Outside court, Kelly, seen here on Monday, after jurors failed to reach a unanimous decision after more than two full days of deliberation, said “let me go home.”
Kelly, 75, was charged with killing Gabriel Cuen-Buitimea, seen here, last January at his home in Nogales, near the Mexican border
Moreno said: “Mexico will continue to monitor the case and guide the family who want justice. We hope for a very fair outcome.’
Meanwhile, Robby Starbuck, who is running for the Tennessee House of Representatives in 2022, said: “A group of illegal immigrants has invaded George Alan Kelly’s property.
‘After seeing weapons, George defended his wife and home by firing warning shots into the air.
“One illegal died and a woke prosecutor tried to charge George with murder. A jury today voted 7-1 that he is NOT GUILTY.
“The judge declared a mistrial. George did nothing wrong. For the time being, a great injustice has been avoided.
“Prosecutors must now decide whether to try the case a second time, which would be insane considering he was one juror away from a not guilty verdict.”
While former Fox producer Breanna Morello posted, “George Alan Kelly’s second-degree murder trial ends in mistrial!!
“This was a waste of taxpayers’ money. Kelly was innocent, the government was guilty.”
His attorney Kathy Lowthorp said only one juror wanted to convict and seven jurors wanted to acquit.
Conservatives have since welcomed the mistrial against Kelly, with one saying it was a waste of taxpayer money
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men about 100 yards away on his cattle ranch, seen here
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
Kelly had said he fired warning shots into the air, but he did not fire directly at anyone in the group
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.’
‘We have no choice. We have to do it,” he told the newspaper Arizona daily star. “If you’re in a sandbox, you have to keep hacking until you get out.”
He was charged with second-degree murder in the killing of 48-year-old Cuen-Buitimea, who lived just south of the border in Nogales.
Kelly had said he fired warning shots into the air, but he did not fire directly at anyone in the group.
The other migrants were not injured and all returned to Mexico.
He was also charged with aggravated assault against another person in the group, including a man who testified he had gone to the US that day to look for work.
Cuen-Buitimea lived just south of the border in Nogales, Mexico, after illegally entering the U.S. and being deported several times, most recently in 2016, court records show.
The nearly month-long trial coincided with a presidential election year that has sparked widespread interest in border security.
George Kelly and his wife Wanda arrive for a hearing at the Arizona Superior Court in Nogales, Arizona
County Attorney Michael Jette addresses jurors during closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024, in Nogales
Judge Thomas Fink told jurors that if they could not reach a verdict on the second-degree murder charge, they could try to reach a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide.
A second-degree murder conviction would have carried a minimum prison sentence of 10 years.
The jury was given the case Thursday afternoon, deliberated briefly that day and then all of Friday and Monday before the judge declared a mistrial.
On Monday, Judge Fink said: “Based on the jury’s inability to reach a verdict on any issue. This case is in mistrial.
The Santa Cruz County Attorney’s Office can still decide whether Kelly should appear in court again or drop the case altogether.
A status hearing was scheduled for next Monday, during which prosecutors could inform the judge whether they plan to retry the case.