Huge update in case of Arizona rancher who shot and killed Mexican migrant on his land after original jury failed to reach verdict
The Arizona rancher who became the face of the border crisis when he was accused of killing a migrant on his land will not face a new trial, a judge has ruled.
George Alan Kelly, 75, was charged with the murder of Gabriel Cuen-Buitimea, a Mexican national who was found dead on Kelly’s sprawling ranch in January 2023.
The case was declared a mistrial in April after jurors were unable to reach a verdict after one of the defendants refused to acquit him.
Santa Cruz County Superior Court Judge Thomas Fink denied the prosecution’s request to keep the case open because new witnesses could testify on Tuesday.
“The interests of justice are not advanced if the only thing that can be accomplished by a dismissal without prejudice, when there is no possibility of a new trial, is the intimidation of the defendant,” Fink said in a decision obtained by KGUN9.
A judge has ruled that prosecutors will not be allowed to retry the case against George Alan Kelly (pictured), 75, who was accused of shooting a migrant on his ranch
Gabriel Cuen-Buitimea (pictured) was a Mexican national who was found dead on Kelly’s sprawling ranch in January 2023
‘The interests of justice are not served by dismissing the case without reservation, as it cannot and will not be retried.
“The State’s motion to dismiss without prejudice is denied. In the interest of justice, it is ordered that the case be dismissed with prejudice.”
After the trial, Deputy District Attorney Kimberly Hunley said the prosecution was in favor of dismissing the case, but wanted the ability to retry the case if circumstances changed.
She said unknown witnesses might come forward and known witnesses in Mexico might become available.
Prosecutors say Kelly recklessly fired his AK-47 nine times into a group of migrants who were 100 yards away and trespassing on his 420-acre cattle ranch near the U.S.-Mexico border.
According to law enforcement officials, the group, which included Cuen-Buitimea, was fleeing from Border Patrol agents.
Cuen-Buitimea, who was found with a bullet hole in his back on Kelly’s ranch, Court documents show he had previously entered the U.S. illegally and been deported several times, most recently in 2016.
Kelly said he fired warning shots into the air to scare off the group and that he never intended to hit, let alone kill, anyone.
Prosecutors alleged that Kelly recklessly fired nine rounds with his AK-47 into a group of migrants 100 yards away as they entered his 170-acre cattle ranch near the U.S.-Mexico border.
Cuen-Buitimea, who was found with a bullet hole in his back at Kelly’s ranch, had previously entered the U.S. illegally multiple times and was deported
During the trial, prosecutors alleged that Kelly’s story to Border Patrol agents changed. First, he said he shot back at all five people who shot him, then he 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 scare off the group and that it was never his intention to hit, let alone kill, anyone.
The defense argued that authorities lied about Kelly’s admission that he shot multiple people.
In his ruling, Fink referred to the testimony of a Honduran migrant who told the jury he had been walking with Cuen-Buitimea that day.
The judge wrote that any new witnesses would contradict the statement that the man was the only witness and would raise other credibility issues.