Prosecutors have decided not to retry an Arizona rancher accused of shooting and killing a Mexican national who trespassed on his land near the southern border. The murder trial ended in a hung verdict last week.
The Santa Cruz County Prosecutor's Office decided to drop the highly politically charged case against 75-year-old George Alan Kelly after jurors could not agree on a verdict after more than 48 hours of deliberations.
Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial last Monday, leaving it up to prosecutors to decide whether to retry Kelly in the death of Gabriel Kueng Buitimea, 48.
“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.
The judge agreed to dismiss the case and will set a hearing date to see if the dismissal is without prejudice, meaning the case can't be brought back to court.
Kelly's attorney, Brenna Larkin, plans to file a motion to dismiss the case without prejudice.
The rancher, meanwhile, said he felt a “relief.” Interview by local reporter from KGUN as he leaves the court.
“The nightmare is over,” Kelly said.
He offered his “deepest condolences” to Khuyen Buitimea's family, who were outside the court where protesters had gathered calling for a retrial so the victim could get justice.
“Gabriel was a human being,” one protester wrote on a sign.
Kelly's trial has lasted nearly a month, with him charged with second-degree murder in the Jan. 30, 2023, shooting outside Nogales, Arizona.
The victim, Quyen Buitimea, lived just south of the U.S.-Mexico border in Nogales, Mexico. Prosecutors said he was crossing Kelly's Arizona ranch with other men when the elderly rancher fired nine shots at him with an AK-47 rifle from about 100 yards away.
Kelly claimed he fired the shots as a warning and that he was not aiming directly at anyone, but one of the bullets struck Kuyen Buitimea, killing him.
The incident has sparked debate across the country as an increasing number of migrants enter the U.S. from the South and Republicans have harshly criticized President Biden, who is up for re-election, for his handling of the border crisis.
A GoFundMe campaign launched to support Kelly, who was initially being held on $1 million bail, was forced to close for violating the site's policies on raising funds to support people accused of violent crimes.
With post wire
