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Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

PHOENIX — An Arizona judge on Monday issued a mistrial in a rancher's case. Deadly Shot A Mexican man on his property near the US-Mexico border.

The decision came after jurors in the trial of George Alan Kelly, 75, were unable to reach a unanimous verdict after deliberating for more than two full days.

Kelly is charged with second-degree murder for the Jan. 30, 2023, shooting death of Gabriel Kuyen Buitimere, 48, of Nogales, just south of the Mexican border.

Prosecutors said Kelly recklessly fired nine shots. AK-47 rifle Kelly fired at a group of men, including Quyen Buitimea, at a ranch about 100 yards (90 meters) away. Kelly said he fired warning shots into the air but did not fire directly at anyone.

Court officials escorted jurors to Kelly's ranch and part of the border, but Superior Court Judge Thomas Fink denied a request for 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 that we will get a very fair outcome.”

Kelly previously said, Agreement with the prosecution If he had pleaded guilty, the charge would have been reduced to one count of manslaughter.

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.

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.