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PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona rancher whose trial ended last week after jurors could not reach an agreement for the shooting and killing of a Mexican man on his property.

Jurors in the trial of George Alan Kelly were unable to reach a unanimous verdict after more than two days of deliberations, and Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.

After the mistrial, the Santa Cruz County Prosecutor's Office had the option of retrying Kelly or dropping the case.

“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley told Fink on Monday.

Fink agreed to dismiss the lawsuit. He said a hearing will be scheduled at a later date to determine whether the lawsuit will be dismissed, meaning it cannot be brought back to court.

Kelly's attorney, Brenna Larkin, told the judge she plans to file a motion asking that the case be dismissed.

Larkin did not immediately respond to an emailed request for comment after the ruling.

A reporter from Tucson Television station KGUN Asked outside court how Mr Kelly reacted, he said: “Relief.”

“The nightmare is over,” Kelly added, offering his “deepest condolences” to the victim's family.

Kelly was followed by protesters defending Gabriel Kueng Buitimea, 48, who was shot and killed on January 30, 2023.

“Gabriel was a human being,” read one sign held up by protesters.

“A person walking 100 yards away is not a threat,” another brief seeking reconsideration said.

Kelly, 75, had been on trial for about a month in the Mexican border city of Nogales. The rancher was charged with second-degree murder in a killing outside Nogales, Arizona.

Quen Buitimea, who lives in Nogales, Mexico, just south of the border, was one of the men Kelly met with at his ranch that day. His two adult daughters, along with Mexican consulate officials, met with prosecutors last week to hear about the impact of the mistrial.

The Mexican Consulate in Nogales, Arizona, said it would issue a statement later in the day.

Prosecutors say Kelly recklessly fired nine shots from an AK-47 rifle at a group of men, including Kuyen Buitimea, on his ranch about 100 yards (90 meters) away. Kelly says he fired warning shots into the air but denies he fired directly at anyone.

The trial comes during a presidential election year that has drawn widespread attention to border security, and court officials took jurors to Kelly's ranch and to parts of the US-Mexico border during the trial.

Kelly had previously rejected a deal with prosecutors that would have reduced the charge to one count of manslaughter if he pleaded guilty.

Kelly also faces a charge of aggravated assault against another person in the group of about eight people.