Defense attorneys for Arizona rancher George Alan Kelly acknowledged to Fox News Digital that while the rest of the jury is seeking acquittal, there is a “lone holdout” who wants a conviction. Ta.
Arizona Superior Court Judge Thomas Fink said Monday that jurors could not unanimously convict Mr. Kelly of second-degree murder or lesser charges of manslaughter, manslaughter and aggravated assault with a deadly weapon. Therefore, the case was declared a mistrial. . Fink scheduled a status hearing for Monday, April 29, at 1:30 p.m.
“The state can review the circumstances and decide whether to ask the court to reset this case for trial,” Fink said at a hearing next week.
The defense team told Fox News Digital, “The jury's verdict was that seven people were innocent, and one was the only defense attorney who was stubborn and refused to listen to the evidence.'' “All the other jurors were upset about it.”
The jury remained deadlocked after deliberating for more than 15 hours starting Thursday.
“They won't wear me out,” Kelly told the court about the possibility of a second trial, according to AZ Central.
“I feel like I've been suspended for 15 months and I'm still on the treadmill, not getting anywhere. I just have to wait a little longer,” Kelly's wife, Wanda Kelly, said in Monday's report. It must be done,” he added. Outlet.
Arizona rancher's defense consultant alleges 'cartel influence' in murder investigation, reveals sheriff's past comments
Fox News Digital reached out to Santa Cruz County District Attorney George Silva's office Tuesday, but there was no immediate response.
Kelly's attorney, Brenna Larkin, said in closing arguments last week that prosecutors said the deceased, Mexican national Gabriel Cuen-Buytimea, was an “unarmed immigrant pursuing the American dream” before he was found shot to death. He said there was no evidence to support his claims. January 30, 2023 at Kelly's 170-acre ranch near Kino Springs, outside Nogales, Arizona.
The defense argued that prosecutors had failed to prove that Quyen-Buytimea was shot by Kelly's gun. The defense argued that Kelly had only fired a warning shot into the air from his patio earlier that day, and that Wanda Kelly testified about making the phone call. Border Patrol Ranch Liaison Officer They spotted two armed men wearing camouflage clothing and carrying rifles and backpacks walking about 100 feet from the home. Several hours passed before law enforcement responded to the scene and Kelly called Border Patrol again to report finding the body about 115 meters from the ranching couple's residence.
Dr. Ron Martinelli, a criminologist who is working pro bono as a consultant for Kelly's defense team, went to interview Honduran Daniel Ramirez, who prosecutors allege was a police officer, several weeks after the shooting at Kelly's ranch. He criticized Santa Cruz County Sheriff David Hathaway's testimony that he crossed the border into Mexico. He was the only person to witness Quen-Buytimer's death. Larkin said, based on Ramirez's own testimony, that he was not present.
Although not on the day of the shooting, Ramirez testified that he had previously trafficked drugs across the border and had been deported multiple times. Furthermore, the defense argued that the investigation was muddy due to the influence of cartels.
Hathaway, who recorded only about six minutes of a 40-minute interview with Ramirez, was questioned about the conduit for arranging the meeting in Mexico, Juan Carlos Rodriguez.
Martinelli told Fox News Digital that Rodriguez is a twice-convicted felon, first for aggravated assault and domestic violence after strangling his girlfriend, and then serving an additional two years in prison. He said the district attorney's office was forced to reveal this to the defense team. Transport of arms to the United States. ”
“The Sinaloa Cartel and Maras Manos are not allowing independent people to bring guns or traffic guns into the United States,” Martinelli told Fox News Digital last week while jury deliberations were still ongoing. spoke.
“For me, [Hathaway] fully admits that it has violated Mexican law; US Department of State Citing the sheriff's testimony, Martinelli said, “This is a violation of the statutory regulations regarding the conduct of international investigations in Mexico.” His statement that he went there and the validity of that statement is incredible.” You know, we're supposed to think that his MO is that every time a Mexican dies in a violent crime in Nogales, he goes abroad himself to offer his condolences? I mean, it's beyond common sense. ”
Mr. Martinelli also challenged investigators from the sheriff's department and the district attorney's office. “They continued to believe these people over two law-abiding and cooperative American citizens after learning who they were months after this investigation began,” the consultants said. added.
The defense also pressed Hathaway on the stand about a YouTube video in which the sheriff mentioned the Kelly incident and claimed the rancher was “going to hunt Mexicans.”
“As soon as we heard the sheriff's story and saw the video, for us, the sheriff was the driving force behind the arrest and continued prosecution of George Alan Kelly. And this is my opinion. I believe it was to further his political agenda.” Up for re-election as sheriff” Martinelli said last week, vowing to file a personal complaint with the state attorney general's office seeking an investigation into Hathaway and the Sheriff's Department, regardless of the outcome of the case. If there was a civil rights violation this serious, the Justice Department would launch an investigation, the FBI would launch an investigation right away, and they would be looking at what's called a consent decree against the agency. This is just crazy. People like this shouldn't have badges of authority. ”
Fox News Digital reached out again to the Santa Cruz County Sheriff's Department about the defense consultant's allegations on Tuesday, but did not immediately receive a response.
“We're not here to solve mysteries,” Larkin said Thursday. “And the truth is, we'll probably never know what really happened to Gabriel. And we won't know because the investigation into this case is so rushed to its conclusion. They didn't investigate when they should have. They preserved evidence that they should have done. They didn't do the tests that they should have done. And now we can't know. ”
“We all live in Santa Cruz County. I live in Santa Cruz County. You all live in Santa Cruz County,” Larkin said. “After considering all of the evidence in this case, if you imagine someday finding a body on your property, hopefully that won't happen. If you someday find a body on your property… If anything happened, I don't know what happened, I don't know how it got there, but I think I'll consider my options before I call them.''
Testimony also revealed that the fatal bullet was never recovered from the scene. Martinelli previously told Fox News Digital that none of the state witnesses in the trial testified against the defense's theory that a rip crew was organized. sometimes cartel affiliated — He could have shot Quen-Buitimare and robbed him.
Prosecutor Mike Jett argued in closing arguments that there was “no justification” for using deadly physical force when he saw “two unarmed men walking two fences apart.” He then claimed that Mr. Kelly pulled out an AK-47 and went out onto the back patio and did nothing. A verbal warning was given nine times. The defense said Kelly would have been justified in using deadly physical force, but the elderly rancher was not.
Larkin added that there is nothing in the law that prevents him from using less force to protect himself and his wife on a “remote ranch.”
Original article source: Arizona rancher George Alan Kelly's 'lone holdout' jury blocks acquittal; state considers second trial
