Phoenix – Prosecutors say they will. Do not retry Arizona rancher George Kelly has been charged in the shooting death of a man near the Mexican border.
Kelly75 years old, Charged with second-degree murder The decision comes one week after the Jan. 30, 2023, shooting of Gabriel Kueng Buitimere. The judgment was declared invalid. The Lone Juror This was reportedly the reason for the nullity of the trial.
After the mistrial, the Santa Cruz County Prosecutor's Office had the option of retrying Kelly or dropping the case.
George Kelly: No retrial for man charged with murder
Prosecutors announced their decision not to retry George Kelly, a man accused of murder in the shooting death of a Mexican national, a week after a mistrial was handed down in the case.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Prosecutor's Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley told Santa Cruz County Superior Court Judge Thomas 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 should be dismissed, meaning it cannot be brought back to court.
During the trial, prosecutor Mike Jett said Kelly recklessly fired nine shots. AK-47 rifle Kelly fired at a group of men, including Kueng Buitimea, on his property about 100 yards (90 metres) away, saying he fired warning shots into the air but did not fire directly at anyone.
Jette said Kueng Vuitimean suffered three broken ribs and a severed aorta. His unarmed body was found 115 yards (105 meters) from Kelly's ranch. Investigators found nine spent AK-47 shell casings on Kelly's patio, but the bullet that killed Kueng Vuitimean was never recovered.
Kelly had previously rejected a deal with prosecutors that would have reduced the charge to one count of manslaughter if he pleaded guilty.
(The Associated Press contributed to this report)
