George Alan Kelly (Santa Cruz County Sheriff’s Office)
Arizona husband, father and grandfather charged with first-degree murder in shooting of Mexican man on ranch fully defended themselves in court as part of efforts to fix pretrial detention bottom.
According to documents filed late last week by the defense in the George Alan Kelly case, the Kino Springs property owner was thinking about his affairs on January 30 and was about to have lunch with his wife when he said, “The man’s He claims to have seen the group. Armed with an AK-47, he “moves through the trees around his home.”
“While they were eating, Mr. Kelly heard one shot. Then he saw his horse (an old horse) terrified and running at full speed,” the law said. written in the memo.
rancher picks up gun
The defense painted a shootout portrait of the Old West, and the rancher is 75 years old (other reports put him at 73 or 74, Arizona court records say he was born in January 1949). recognized to be. He carried a rifle to protect himself and his family’s life and livelihood from men suspected of trespassing and smuggling.
“they [the group of men] They were armed with AK-47 rifles, dressed in khakis and camouflage, and carried large backpacks.none of them knew [Kelly]. He had not given any of them permission to come to his land. Based on the above, Mr. Kelly was understandably concerned and justifiably fearful for his safety, his wife’s safety and the safety of the animals,” the motion signed by attorney Brenna Larkin said. It is stated.
Defense attorneys said Kelly entered the porch with a rifle to protect property after calling U.S. Border Patrol for help. He claimed to have fired warning shots.
“The armed group leader saw Mr. Kelly and pointed an AK-47 at him,” the defense said. “Mr. Kelly, fearing for his life and safety, fired several shots from his rifle to scare them away from him, his wife, the animals, and his home.”
“Mr. Kelly was careful to aim well above the gunmen when he fired. Afterwards, the group began running into the desert around his house. We went over and made sure it was safe there,” the memo added.
Border Patrol agents then arrived on the scene and spoke to Kelly and his wife about what they had seen, the defense said. Those officers eventually left the premises without making any arrests (the alleged trespassers are gone and no bodies have yet been found). Things changed later in the day.
body is found
“Later that day, as the sun was setting, Mr. Kelly went to the pasture to check on the horse. He remained concerned that his horse had been injured in the incident,” the defense said. The side motion states: “Mr. Kelly took the dogs in to check on the horses. After finding the horses, Kelly noted that the dogs were focused on something on the ground near the mesquite tree. Mr. Kelly approached the dog and observed the body lying face down in the grass.”
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The deceased was later identified as Mexican immigrant Gabriel Cuen Buitimea, 48. reportedly deported Several times.
“The individual did not have a firearm or a backpack. The cause of death appears to have been a single gunshot wound and the body appeared fresh.” The fact that he was wearing tactical boots suggests he may have been involved in illegal activities,” he added, adding, “What kind of bullet wounded the individual and when was he shot?” It remains unclear whether the Criteria for death were how long the body had been in place or where and in what position the person was before being fatally injured. ”
Defense attorneys said Kelly “cooperated with law enforcement and conducted debriefings” during which he admitted firing warning shots, but said he did not aim them directly at anyone.
“He does not believe his warning shots could have hit a person or caused death,” the defense said. “All shootings by Mr Kelly on the day of the incident were self-defense and justified.”
Defense attorneys argued that the $1 million bail in the case was “clearly excessive” and intended only to “hold the defendant in custody while he pleads not guilty,” and that a lower bail is available. Asked for bail.
Defense attorneys said there was no risk that Kelly would not appear in court or endanger the community if released on amended terms. In response to the allegations, the defense said the 75-year-old man had no criminal record and had never used drugs “including marijuana.”
defense position
So far, the state has said little about why it believes there was good reason to charge Kelly with first-degree murder. Nogales International reported. However, the man who died was unarmed and is believed to have been shot in the chest and back. The state is expected to reveal its probable cause at a preliminary hearing currently scheduled for February 22.
Defense attorneys acknowledged that the crimes charged were “extremely serious,” but said Kelly was “overcharged” with “justifiable” conduct based on “extremely weak” evidence.
“The evidence against Mr. Kelly in this case is extremely weak. Law enforcement searched Mr. Kelly’s property after he opened fire to warn the armed men, but did not find a body. ‘ said the defense. “Mr. Kelly’s actions are those of an innocent human being.”
“I don’t think anyone fired warning shots in Mr Kelly’s situation, but that Mr Kelly didn’t want to confront armed men who were trespassing on his property near this house. It is important to understand,” the memo continued. “Simply put, this is a case where an innocent person was wrongfully accused.”
Kelly’s attorney suggested that the evidence “indicates the conclusion” that the deceased man was “a victim of drug-trafficking-related activities.”
Furthermore, the defense argued that if Kelly had premeditated someone’s murder, he would not have called law enforcement to report the discovery of the body.
“[H]He would have had every motive to dispose of the bodies in the vast and isolated desert area that surrounded his property,” the defense said. “Mr. Kelly would have had ample opportunity to do so. Instead, he chose to alert law enforcement and assist with the investigation.” He also said that if it continued, it would hinder his legal work.
“The effective confinement of Mr. Kelly in solitary confinement until his trial is ready constitutes cruel and unusual punishment,” the filing said.
Further details
The North Carolina-born Kelly previously worked for the National Park Service and the U.S. Fish and Wildlife Service before retiring with his wife in Montana to start a fishing shack business, according to the documents.
Defense attorneys say the Kellys first moved to Arizona in 1997 and started a ranch.
Nogales International and other media outlets George Alan Kelly said he looked exactly like George Alan Kelly, author of the novel Beyond the Border Fence Self-published and sold on Amazon in 2013. The author describes it as “a contemporary novel that brings the Mexican border and drug conflict into the 21st century.”
“Owners of a VMR ranch along the southern Arizona border discovered that two of their ranch’s prize quarter horses were missing and that the south fence leading to Mexico had been severed. “It will take a valiant effort not only to recover his beloved horse and rescue his family, but to stand up to an international plan to destroy the twin cities of America and Mexico,” the book’s description continued. According to reports, George Kelly’s wife in the novel has the same name as his real-life wife.
Law&Crime has reached out to Kelly’s lawyers for a response on the novel, which allegedly contains an “illegal immigration” story. […] Led by armed human smugglers called “Coyotes”, armed with AK-47s and armed with “VMR Ranch” (Kelly’s ranch is reportedly Vermillion Mountain Ranch).
Read full defense motion to change release terms here.
