BISBEE, Ariz. (NewsNation) — A 74-year-old Arizona rancher has been charged with murder and is awaiting trial, but a Santa Cruz County judge’s assessment of various allegations that could lead to a trial delay. is on hold.
Santa Cruz County sheriff’s deputy testified at Wednesday’s motion hearing of George Alan Kelly, the man charged with being shot dead on the property of Mexican native Gabriel Cuen-Buitimea on Jan. 30. did
Kelly claims he didn’t fire at them, but onto a group of five men who were running around his compound in camouflage uniforms with backpacks and possibly rifles.
Despite being a homicide, no bullets related to the shooting were found.
Kelly suggests the man may have been killed during rival cartel activity on his property.
In audio recorded on one of the responders’ devices, Kelly acknowledges the frequent presence of people on the premises. Deputy López also points to Mr. Nogales’ reputation as a human and drug smuggler, and some voices agree.
The key state witness and the only witness in the case who came forward lived in Mexico and committed perjury, according to the defense.
In February, the witness denied bringing drugs into the United States, and Kelly’s attorney, Brenna Larkin, filed a memorandum citing the witness’s federal criminal record, smuggling marijuana into the United States in 2015, and serving seven months in federal prison. Revealed a criminal record with a nearby prison sentence. .
The state claims his criminal record is unrelated to the case.
“The 2015 DRR and two other defendants in this case were unarmed and therefore not related to the shooting deaths,” said County Deputy Attorney William Moran II. “So what is the misdemeanor conviction against unarmed people almost a decade ago and what does it have to do with the 2023 shooting at the defendant’s ranch? It doesn’t matter.”
The defense’s request for a change of venue was denied by the judge, arguing that it was impossible to form an impartial jury because the jurors were members of the sheriff who were likely to testify. bottom.
The trial remains in Santa Cruz County, where the incident occurred, and is scheduled for September 6. However, difficulties in obtaining shooting recovery reports from state experts may delay the trial. A decision on this will be taken at a follow-up hearing scheduled for next Friday.
Next week’s key motions include determining whether Kelly’s wife Wanda requires further depositions. The defense claims marital privilege, but the state rejects this objection and tries to force Wanda Kelly to answer her questions.
