An Arizona rancher accused of shooting and killing an unarmed Mexican immigrant expressed relief at news that prosecutors would not retry the case after the trial ended with a deadlocked jury.

“The nightmare is over. The nightmare is over,” George Alan Kelly told a Tucson television reporter. Gun He said this as he left court on Monday.

The 75-year-old defendant has been on trial for about a month, charged with the second-degree murder of 48-year-old Gabriel Kuyen Buitimea.

On January 30, 2023, Kelly encountered a group of migrants on a 170-acre ranch in Nogales, Arizona, near the Mexican border. The rancher opened fire with an AK-47 rifle, shooting and killing Quyen Buitimea.

According to the Associated Press, prosecutors say Kelly recklessly fired nine shots at the group of men, but argue that he fired warning shots into the air but did not fire directly at the group.

The trial ended last week, but Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial after the jury was unable to reach a unanimous decision after two days of deliberations.

When asked if he was worried that people would protest or storm his house in response to the decision, Kelly replied: “God will protect me, as he always does.”

The rancher was met by protesters as he entered the courtroom on Monday. Someone held a sign that read, “Gabriel was human.”“,” he said, referring to immigrants.

The Santa Cruz Prosecutor's Office Newsweek “Due to the unique circumstances and challenges surrounding State v. George Alan Kelly, the Santa Cruz County Prosecutor's Office has decided not to seek a new trial in the case,” it said in an emailed statement.

“However, the agency's decision in this case should not be interpreted as a position on future cases of this nature,” the statement continued.

Kelly's lawyer, Brenna Larkin, Newsweek In an emailed statement, the team said it was “very pleased” with the decision.

“Mr. Kelly and his wife have been living a nightmare for over a year and can finally find some peace. They are encouraged to hear that only one juror disagreed with the guilty verdict. The remaining jurors decided to acquit Mr. Kelly,” she said.

She said Mr Kelly was an “innocent man” and that he “never shot anyone.”

“The investigation into this case has been sloppy from the start. As a result, it is highly unlikely that we will ever discover who actually killed Gabriel. While we regret the injustice done to Gabriel and his family, we are at least pleased to know that injustice will not be compounded by scapegoating an innocent man.”

Kelly had previously rejected a plea deal that would have reduced the charge to one count of manslaughter if he pleaded guilty.

A hearing will be scheduled at a later date to consider the defendants' motion to dismiss the case.

The move comes amid ongoing tensions over immigration and border security in the United States.

Migration has surged in recent years, with U.S. Customs and Border Protection saying it recorded about 9.8 million encounters with migrants between October 2019 and January 2024.

The issue will have a major impact on voters on the November ballot.

Polls have shown immigration to be one of President Joe Biden's major weaknesses, and presumptive Republican nominee Donald Trump has made clear his plans to take a tougher approach.

Trump drew criticism in January when he described immigrants as “poisoning the blood of our country.”

Updated April 30, 2024 at 11:04 a.m.: This story has been updated with comment from the Santa Cruz Prosecutor's Office.

Updated May 1, 2024 at 6:20 a.m.: This story has been updated to add a statement from Kelly's attorney.