The Santa Cruz County Prosecutor's Office has decided not to move forward with a retrial of the case against a Nogales-area rancher accused of shooting and killing an unarmed immigrant on his property.
Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial after one juror disagreed and disagreed with the innocence of 75-year-old rancher George Alan Kelly.
Kelly was charged with the shooting death of Gabriel Kueng Buitimea and one count of aggravated assault with a deadly weapon for endangering Daniel Ramirez as they crossed 170 acres of land near the international border.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Prosecutor's Office has decided not to seek a new trial,” said Kimberly Hanley, Santa Cruz County's chief deputy prosecutor and one of the prosecutors on the case.
A hearing is scheduled in the coming days on whether to dismiss the lawsuit. Kelly's defense said Monday they will ask the judge to dismiss it, which means the lawsuit cannot be refiled.
Mr Kelly fought back tears as he left the courtroom.
“The nightmare is over,” Mr Kelly told a crowd of reporters and vociferous protesters, adding that he offered his deepest condolences to Ms Vuitimere's family.
The case concerned the death of Vuitimea, who had illegally entered the United States with Ramirez in search of work and to escape extreme poverty. Prosecutors said the pair were traveling south toward Mexico on January 30, 2023, as they tried to elude U.S. Border Patrol agents when Kelly fired nine rounds at them with an AK-47 semi-automatic assault rifle. The defense argued that Kelly saw five armed men cross his property and fire warning shots into the air. No bullets were recovered.
“We got the right outcome,” said attorney Brenna Larkin. “An acquittal would have been better, so this goes away forever and they don't have to worry about this. Alan and his wife are good people. He didn't shoot anybody, he didn't hurt anybody. Everyone has their own opinion, but we're glad he got a good outcome.”
Protesters said they wanted justice to be served for Vuitimea's family.
Five protesters from the Border Patrol Victims Network stood outside the courthouse, holding signs that read, “Gabriel was a human being” and “Retrial Now.” The group also carried a banner that said Gabriel's killing was a hate crime.
As Kelly walked to his car after the hearing, protesters shouted at him, begging him to tell the truth.
“Mr. Kelly, it's okay to confess. … Tell the truth, Mr. Kelly. This sham trial is wrong. There will be many more murders because of you,” said Ana Maria Vasquez, a member of the Border Patrol Victims Network.
She argued in Spanish with Kelly supporters outside the courthouse, pointing out that Mr. Vuitimere is the breadwinner for a family with seven children.
“It could have happened to you, it could have happened to me or my partner,” Vasquez said, noting the precedent this sets for anyone who walks on ranchers' land.
Another activist said the case should have been tried in Tucson, where there is a more diverse jury.
“The district attorney should have moved this case from this county to Tucson so it could be properly prosecuted,” said human rights activist Magdaleno Law Avila.
He also criticized the judge for barring the use of certain evidence in the deliberations.
“The court did not approve the book that Mr. Kelly wrote, which contains racist ideas, and did not take that into account, as other courts would have done,” he said. “The court did take that into account.”
The book, self-published in 2013, tells the story of a Southern Arizona rancher who must rescue his family and horses after they are kidnapped near the Arizona-Mexico border.
The book portrays the border region as a “battlefield” where American landowners have no choice but to “risk their own lives” to protect their lives and property.
In January, prosecutors argued that the book should be introduced at his murder trial, while the defense argued that it was fiction and misleading.
Contact the reporter sarah.lapidus@gannett.comThe Republic's coverage of Southern Arizona is funded in part by a grant from Report for America. Support Arizona news coverage with a tax-deductible donation. supportjournalism.azcentral.com.
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