NOGALES, Ariz. (AP) — An Arizona rancher accused of murdering a Mexican man on his property near the U.S.-Mexico border pleaded not guilty to murder and other charges on Monday.
George Alan Kelly was charged with second-degree murder and aggravated assault in the Santa Cruz Superior Court of Nogales.
The 74-year-old spoke briefly, only answering yes or no questions from the judges.
Judge Thomas Fink set a trial date for September 6 and denied a request from Kelly’s attorneys for a two-month continuation. That’s because the state executed an additional search warrant on Kelly’s property on Monday.
Kelly left court shortly after the hearing. He was allowed to remain free on his $1 million bail.
George Alan Kelly stands with attorney Brena Larkin to answer a judge during his arraignment in Santa Cruz County Superior Court in Nogales, Arizona, Monday, March 6, 2023. Kelly, an Arizona rancher, is a Mexican man on his land near the U.S.-Mexico border. He pleaded not guilty to murder and other charges on Monday. (AP, Mamta Popat/Arizona Daily Star via Poole)
Photo: ASSOCIATED PRESS/Mamta Popat
Prosecutors dropped Kelly’s count of one count of first-degree murder. This required a finding of premeditated intent to murder, which could lead to a death sentence. Mexican officials told U.S. prosecutors that Kelly should have been charged with first-degree murder.
Kelly is accused of shooting and killing Gabriel Cuen Buitimea, an unarmed 48-year-old immigrant from Nogales, Mexico.
Prosecutors said there was no basis for Kelly intentionally or recklessly firing an AK-47 rifle at eight or so unarmed migrants about 80 to 100 yards (meters) away.
Larkin said her client shot over the immigrants. She said Kelly feared for his and his wife’s safety and property, and saw people with rifles and backpacks walk past his property.
Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
