An Arizona judge on Monday issued a mistrial in the trial of a rancher accused of shooting and killing a Mexican man on his land near the U.S.-Mexico border. The verdict came after jurors were unable to reach a unanimous verdict after more than two days of deliberations. George Alan KellyThe 75-year-old man was charged with second-degree murder in the Jan. 30, 2023, shooting death of Gabriel Kuyen Buitimea.

“Because the jury was unable to reach a verdict on any of the charges, the case is a mistrial,” Superior Court Judge Thomas Fink said.

The Santa Cruz County Prosecutor's Office can still decide whether to retry Kelly on any charges or drop the case altogether.

A status hearing is scheduled for next Monday afternoon, when prosecutors will tell the judge whether they plan to refile the case. Prosecutors did not immediately respond to an emailed request for additional comment.

Kelly is charged with second-degree murder in the death of Quen Buitimere, 48, of Nogales, just south of the Mexican border.

Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle at a group of men, including Quen Buitimere, who was on a ranch about 100 yards away. Kelly's court-appointed The lawyer said He claimed to have fired a “warning shot.”

“He does not believe that the warning shots hit anyone or caused any death,” she said at the time. “Any shots fired by Mr. Kelly on the day of the incident were in self-defense.”

Court officials escorted jurors to Kelly's ranch and part of the border, but Fink declined a request from reporters to accompany them.

After Monday's verdict, Mexican Consul General Marcos Moreno Baez in Nogales, Arizona, said he planned to meet with prosecutors from the Santa Cruz County Prosecutor's Office on Monday night, along with Kuyen Buitimea's two adult daughters, to learn about the impact of the nullity of the trial.

“Mexico will continue to follow this case and stand by the family in their quest for justice,” Moreno said. “We hope for a very fair outcome.”

Kelly's attorney, Brenna Larkin, did not immediately respond to an emailed request for comment after the verdict was handed down. Larkin had asked Fink to allow the jury to deliberate for another day.

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

Kelly was also charged with aggravated assault against another person in a group of about eight people that day, including a Honduran man living in Mexico who testified at trial that he had entered the United States that day seeking work.

The other migrants were not injured and all returned to Mexico.

Quyen Buitimea, who lived in Nogales, Mexico, just south of the border, had entered the United States illegally several times before, most recently being deported in 2016, according to court records.

Neighbor Maria Castillo CBS News affiliate KOLD reported. In February 2023, it was not uncommon to see people crossing the border in the area, but it had never been a problem.

“I drive through here every day,” Castillo said, “I never see anyone, late at night or early in the morning. I feel very safe living in this neighborhood.”

The trial, which lasted about a month, coincided with a presidential election year that has focused widespread attention on border security.

Judge Fink told the jury that if they could not reach a verdict on second-degree murder, they could seek a unanimous verdict on the lesser charges of manslaughter or negligent homicide, which carries a minimum sentence of 10 years in prison.

Jurors heard the case Thursday afternoon, deliberated briefly later that day, then deliberated all day Friday and Monday.