NOGALES, Ariz. (KGUN) – Judge Thomas Fink issued a mistrial in the case of a Santa Cruz County rancher shot and killed as he crossed the Mexican border on his ranch after the jury could not agree on guilt or innocence. declared.

It will be up to the Santa Cruz County Prosecutor’s Office to decide whether George Alan Kelly will receive a new trial in the case.

A Santa Cruz County rancher is accused of killing an unarmed immigrant on his property. The jury began deliberating mid-afternoon Thursday after nearly four weeks of testimony.

On Friday, the jury reported deadlock to the court, but Superior Court Judge Thomas Fink said further deliberations were needed.

A second deadlock was reached earlier today and the jury was asked to continue deliberating again.

At the end of the day, Judge Fink found the jury deadlocked and declared a mistrial.

Mistrial declared in George Alan Kelly trial

There was no conclusive evidence in the case against George Alan Kelly that could easily result in a conviction.

No bullets were ever recovered for use in ballistics testing to see if they matched Kelly’s rifle. The bullet of Gabriel Quen Buitema, who was killed, lodged in his lower back and exited his chest, allowing him to continue running.

Mr. Kelly’s lawyer suggested that his bullet was not the one that killed the man, but that border robbers shot him to steal money and drugs.

Kelly said he heard gunshots, grabbed his AK-47 and fired warning shots at a group of trespassers crossing the ranch. Investigators testified that the suspect gave conflicting stories throughout the day, including about the number of intruders and whether he had a gun.

A detective testified that Kelly did not admit to firing the gun until 30 minutes into the formal questioning. Kelly’s lawyers say he told a Border Patrol agent early on that he was being shot at and was firing back, and they assumed Kelly told other agents. It is said that he was

The indictment against Kelly does not allege that he intentionally killed the victim. Jurors are being asked to choose between second-degree murder and the lesser charges of Manslaugter or negligent homicide. Both cases ask jurors to decide whether Mr. Kelly acted recklessly or negligently when he fired, resulting in the man’s death.

Before the trial began, Kelly rejected an agreement to plead guilty to negligent homicide. If that happens, the maximum penalty is three years in prison. The second-degree murder charge he was tried for carries a sentence of 10 to 25 years in prison. Jurors also had the option of convicting him on less serious charges.

Following the hearing were responses from Kelly, Mexico’s Consul General in Nogales Marcos Moreno Baez, and Kelly’s attorney Kathy Lowthorpe: