After more than two days of jury deliberations, a Superior Court judge declared a mistrial for Kino Springs man George Alan Kelly, who was charged with the second-degree murder of Mexican national Gabriel Kuyen Buitimere.

While the ruling marks the end of a month-long trial, the case has not been dismissed outright — Kelly could face a retrial in the future — but the jury was formally dismissed on Monday and Judge Thomas Fink set a status hearing in the case for April 29.

The verdict was handed down shortly before 5 p.m. Monday. After hearing weeks of testimony, the eight-member jury deliberated their verdict for more than two days without any results. On Monday afternoon, the jurors submitted the following note to the judge:

“I don't believe reopening deliberations would change the jury's opinion,” Fink said, reading from the jury's notes.

“Your Honor, the state will be asking the court to declare a mistrial,” prosecuting Deputy County Attorney Kimberly Hanley responded.

“Just for the record, your judge, we object,” said Brenna Larkin, Kelly's lead attorney, “and we ask that you call (the jury) back tomorrow to continue deliberations.”

Noting that the jury had already deliberated for hours (over two full days), Judge Fink declared a mistrial.

“That's the reality,” Kelly told reporters as he emerged from the courthouse Monday evening.

Kelly was arrested on Jan. 30, 2023, after authorities found Mexican national Quyen Buitimere at his ranch. Prosecutors have charged Kelly with second-degree murder after he allegedly fired an AK-47 at unarmed illegal immigrants, including Quyen Buitimere.

Through his lawyer, Kelly maintained his innocence and claimed he fired warning shots into the air in defense after being threatened by armed men on the property. During the trial, Kelly's lawyers also argued that Kelly's bullets did not strike Quyen Buitimere, and that the sheriff's office failed to consider other suspects in its investigation.

Days of reflection

Jurors heard testimony from about 30 witnesses, including law enforcement officials, forensic experts, neighbors who own property near Kelly's home, Honduran immigrants living in Mexico and Kelly's wife.

Closing arguments concluded last Thursday, concluding a trial that lasted about four weeks. Jury deliberations began that afternoon and continued into Friday, but no verdict was reached. On Friday afternoon, the jury submitted a memo to Superior Court Judge Thomas Fink confirming that they were deadlocked on a verdict.

“The note reads: 'We as a jury are deadlocked on a unanimous verdict,'” Judge Fink read it in court on Friday. “'We are seeking advice on how best to proceed.'”

In court Friday afternoon, Fink urged jurors to continue deliberations.

“I'm not trying to force or enforce a sentence. That's not my intention, that's not my job, that's not what I do,” Fink said, “but after the enormous amount of work that's gone into getting this case to this point, I have a responsibility … to make sure that you do your job, that you uphold your oath, and that you work as hard and as long as you can to reach a sentence.”

But on Monday, jurors described a similar dilemma — an impasse.

Judge Fink addressed the jury on Monday and read them the list of deadlock instructions, a set of guidelines given to jurors who are divided on a verdict. He said the guidelines are not meant to force a verdict, but to help jurors reach one.

After receiving those instructions, the jury returned its final report to Fink stating that further deliberations would not lead to a verdict and would result in a mistrial.

The Kelly case, which has attracted national attention, will be the first murder trial to be held in Santa Cruz County in more than 20 years, according to court records.