PHOENIX — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the shooting death of a Mexican man on his property ended last week with a deadlocked jury.
Jurors in the trial of George Alan Kelly were unable to reach a unanimous verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.
After the mistrial, the Santa Cruz County District Attorney’s Office was given the option of trying Kelly again – or dropping the case.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County District Attorney’s Office has decided not to request a new trial,” Assistant County Attorney Kimberly Hunley told Fink on Monday.
Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine whether the case would be dismissed with prejudice, meaning it could not be brought back to court.
Kelly’s defense attorney, Brenna Larkin, did not immediately return an emailed request for comment following Fink’s ruling.
Kelly, 75, had been on trial for almost a month in Nogales, which is on the border with Mexico. The rancher was charged with second-degree murder in the Jan. 30, 2023, killing of 48-year-old Gabriel Cuen-Buitimea outside Nogales, Arizona.
Cuen-Buitimea lived just south of the border in Nogales, Mexico. He was part of a group of men Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn about the implications of a mistrial.
The Mexican consulate in Nogales, Arizona, said it would make a statement later today.
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men on his cattle farm, including Cuen-Buitimea, about 90 meters away. Kelly said he fired warning shots into the air, but argued he did not shoot directly at anyone.
The trial coincided with a presidential election year that sparked widespread interest in border security. During the proceedings, court staff took jurors to Kelly’s ranch as well as part of the US-Mexico border.
Previously, Kelly had rejected a deal with prosecutors that would have reduced the charge to a manslaughter charge if he had pleaded guilty.
Kelly was also charged with aggravated assault on another person in the group of about eight people.
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