Was it vigilante or self-defense or something else?
Ultimately, the court must answer in the case of Arizona rancher George Alan Kelly, a man in his mid-70s who was accused of murdering a Mexican who trespassed on his property on January 30. This is what it shouldn’t be.
Justice has its work cut out.
The case has raised difficult questions, has begun to attract national and international attention, and is now drawing the ire of the Mexican government, which claims the charges against him for second-degree murder are too light.
Why George Alan Kelly’s trial matters
This is a story about chaos on the border with Mexico. Illegal crossings have surged there over the past year, and decades of Washington’s inertia have led to few solutions.
George Alan Kelly told law enforcement who arrived at his ranch, about 1.5 miles north of the border and eight miles east of Nogales, that he fired warning shots at a group of men crossing his property.
Also from Boas:Launcher trial could be a powder keg
He was charged with second-degree murder after Mexican citizen Gabriel Cuen Buitimea, 48, who came from the other side of the border, was found unarmed and shot in the back on Kelly’s property. He faces two charges of felony and aggravated assault.
Kelly’s trial is set to begin at 1:30 p.m. on March 6. Judge Thomas Fink, was appointed to the Santa Cruz County Superior Court in 2014 by the then governor. Jan Brewer.
Already attorneys for the prosecution and defense have made it clear in preliminary filings and hearings, giving us a glimpse of what will likely be the key questions and debates.
1. How far can you see through the soccer field?
On the afternoon of January 30, George Kelly and his wife Wanda were having lunch at their ranch at about 2:30 p.m., according to defense attorneys, when George heard gunshots. .
He saw his horse frightened and saw a group of men carrying AK-47s moving across his property. The man was dressed in khakis and camouflage and was carrying a large backpack, the defense said.
Kelly walked onto the porch of his home with a rifle, and immediately a trespasser group leader pointed an AK-47 at Kelly, his attorney wrote in a motion on page 13.
Kelly responded with several warning shots “over the head” of the men before the group dispersed into the desert surrounding his property. Prosecutors said Kelly’s gun was an AK-47.
According to the Arizona Republic, Santa Cruz County Sheriff investigators found several used AK-47 shell casings near Kelly’s back porch.
They estimated the distance between the used casing and where Buitimere’s body was found to be about 120 yards. Other estimates range from 80 to 150 yards.
Approximately the length of a football field.
It was the distance between the rancher and the intruders moving through his property.
Given this distance, would it be possible to detect details like the men were armed, let alone men in their mid-70s? Specifically that they were armed with AK-47s is. bring?
Conversely, one of the men who accompanied Butimemere clearing the ranch and is now a prosecution witness told Santa Cruz Sheriff Detective Mario Barba that he saw Butimemere come forward shot. rice field. After recognizing Kelly from his photo According to Nogales International newspaper, in the news media.
Again, is it possible to identify a person’s face across a soccer field so well that you can identify him from a newspaper photo?
2. Why is the trajectory upward?
Another problem that can arise is the upward trajectory of the bullet that hit the Buiti Mare. According to the testimony of Jorge Ainza, the Santa Cruz County Sheriff’s Department detective who arrested Kelly, the bullet entered Vuitimere’s body through the lower right portion of his ribcage and exited through his upper left chest, the Republic reports. there is
Photographs depicting George Kelly’s sprawling 170-acre ranch appear flat. do you have?
It is certainly possible.
According to the Internet Pathology Institute for Medical Education hosted by the University of Utah Eccles Health Science Library, “trajectory may be altered By striking bone or other hard tissue so that the bullet trail is not straight and the exit wound does not appear directly across from the entry wound. ”
3. What did the rancher’s wife see or hear?
Through early testimony, court filings, and reports in this case, rancher George Kelly heard gunshots and then armed men in camouflage uniforms crossed his property, slamming back and forth. I saw you carrying it.
But what did his wife, Wanda, see or hear? Did she hear gunshots? Did she look outside and see who or what details her husband saw?
4. Why are the witness statements inconsistent?
Law enforcement officials noted in advance filings that Kelly changed some details of his story by January 30.
Is the account change due to the trauma of the event or some other reason, or is it an effort to add up new facts?
5. How did border chaos affect this shooting?
Some reporters and observers described the Kino Springs area where the shooting took place as relatively quiet. But Border Patrol agents describe it as a “crime-ridden” area, especially because drug trafficking is on the rise, reports The Republic.
One of Kelly’s neighbors told the (UK) Daily Mail that Kelly summoned the U.S. Border Patrol to his property “30 to 40 times” in January alone.
These are all issues that are likely to come to light in court.
To the credit of the U.S. Border Patrol, Santa Cruz County prosecutors, the courts, and the U.S. itself is not simply dismissing the shooting of a man who was apparently uninvited or uninvited to the side of the border. The Arizona ranch where he died.
Human lives matter above all else, and civilizations want answers when humans are killed. If they are killed by recklessness or malice, we need justice.
Failure of governments to control the flow of migrants can create dangerous situations for civilians. However, you cannot shoot someone because they crossed your property.
That is what makes this case difficult and more facts essential.
Phil Boas is an editorial columnist for the Republic of Arizona.send him an e-mail phil.boas@arizonarepublic.com.
