PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona rancher whose trial ended last week after jurors could not reach an agreement for the shooting and killing of a Mexican man on his property.
The jury in the trial of George Alan Kelly was unable to reach a unanimous verdict after more than two days of deliberations. Santa Cruz County Superior Court Judge Thomas Fink The judgment was declared invalid April 22nd.
After the mistrial, the Santa Cruz County Prosecutor's Office had the option of retrying Kelly or dropping the case.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley told Fink on Monday.
Fink agreed to dismiss the lawsuit. He said a hearing will be scheduled at a later date to determine whether the lawsuit will be dismissed, meaning it cannot be brought back to court.
Kelly's attorney, Brenna Larkin, told the judge she plans to file a motion asking that the case be dismissed.
Larkin did not immediately respond to an emailed request for comment after the ruling.
A reporter from Tucson Television station KGUN Asked outside court how Mr Kelly reacted, he said he felt “relief”.
“The nightmare is over,” Kelly added, offering his “deepest condolences” to the victim's family.
Kelly was followed by protesters defending Gabriel Kueng Buitimea, 48, who was shot and killed on January 30, 2023.
“Gabriel was a human being,” read one sign held up by protesters.
“A person walking 100 yards away is not a threat,” another brief seeking reconsideration said.
Kelly, 75, had been on trial for about a month in the Mexican border city of Nogales. The rancher was charged with second-degree murder in a killing outside Nogales, Arizona.
Quen Buitimea, who lives in Nogales, Mexico, just south of the border, was one of the men Kelly met with at his ranch that day. His two adult daughters, along with Mexican consulate officials, met with prosecutors last week to hear about the impact of the mistrial.
The Mexican Consulate in Nogales, Arizona, said it would issue a statement at a later date.
Prosecutors had argued that Kelly recklessly fired nine shots. AK-47 rifle Kelly fired at a group of men on the ranch, including Quyen Buitimea, about 100 yards (90 metres) away. Kelly says he fired warning shots into the air but denies he fired directly at anyone.
The case coincides with a presidential election year and has drawn widespread attention to border security. Kelly's Ranch Jury The same is true for parts of the U.S.-Mexico border.
Previously, Kelly Agreement with the prosecution If he had pleaded guilty, the charge would have been reduced to one count of manslaughter.
Kelly also faces a charge of aggravated assault against another person in the group of about eight people.
