SANTA CRUZ COUNTY, Ariz. (KGUN) — Testimony at the murder trial of Santa Cruz County rancher George Alan Kelly suggested he was ready to confront smugglers crossing his land.
Kelly is charged with second-degree murder for shooting and killing a Mexican national who was passing through his property.
On January 30 last year, Kelly reported hearing gunshots and seeing at least five smugglers crossing his property. Prosecutors say he gave conflicting statements to police about whether the men had guns.
Santa Cruz County Sheriff's Deputy Cristobal Castaneda said he responded to the scene after receiving Kelly's call and found him with a rifle and going out looking for the intruders.
Deputy Castaneda said he told Kelly he should have entered the home, called 911 and gotten to safety.
“Mr. Kelly stated that he takes responsibility for his actions,” Castaneda said under questioning by prosecutor Kim Hanley.
Mr Hanley asked: “You suggested that before he said that he had to protect his property, but did he say anything else?”
Deputy Castaneda: “He was aware of the consequences.”
Investigators said Kelly saw two men crossing his property, came out of his home and fired a rifle at least nine times, with one of the shots striking a man more than 100 yards away, killing him, prosecutors said.
Kelly's lawyers say his client deliberately aimed the shots above the men's heads and contend that someone else, possibly a drug cartel member, shot him.
Jurors were able to see first-hand the assault rifle of George Alan Kelly, a Santa Cruz County rancher charged with second-degree murder for shooting and killing a Mexican man who was crossing his land.
The third day of testimony focused on Kelly's interactions with police on the day of the shooting, and jurors got a first-hand look at what the prosecution believes to be the murder weapon just before breaking for lunch.
At that point, jurors had only seen photographs of the AK-47 assault rifle that Kelly carried on patrols of the ranch, which prosecutors say he fired at two men as they crossed the border, shooting and killing Gabriel Kueng Buitimea.
No bullets that could match Kelly's gun were found.
The bullet struck the victim in the back with such force that it exited through the front of the chest and disappeared into the scenery.
When Deputy David Monreal was still a deputy in training, he and his training officer responded to a 911 call on the ranch of George Alan Kelly, who reported that drug smugglers were crossing his property and that gunfire was being heard.
Santa Cruz County Sheriff's Deputy David Monreal“We didn't know if the reason they ran and shot was because they had rival cartel members.” [that] They were at odds with each other.”
Prosecutor Kim Hanley: “Have you ever seen that happen at Kino Springs?”
Monreal: “no.”
Officers were joined by Border Patrol agents and searched the area around Kelly's house to ensure the danger had passed, but Kelly's body was never found.
Kelly then reported the bodies were more than 100 yards from the home. Prosecutors said Kelly stood behind the home and fired at least nine shots at Quen Buitimere and another man, but did not tell sheriff's detectives he had fired the shots until about 10 hours after he called in trouble at the ranch.
Previous court coverage:
Testimony on Thursday will continue into the afternoon, and KGUN 9 will update this story with any further developments.
——-
Craig Smith teeth KGUN 9 reporterWith over 40 years of reporting experience in cities including Tampa, Houston and Austin, Craig has covered over 40 space shuttle launches and historic hurricanes including Katrina, Ivan, Andrew and Hugo. Share your story ideas and important issues with Craig by emailing him at craigsmith@kgun9.com Or connect Facebook and Twitter.
