NOGALES, Arizona — A 73-year-old Arizona man will go on trial in January on charges of second-degree murder of an illegal immigrant on his ranch property.
Magistrate Emilio Velázquez, at an evidence hearing held at the Nogales Court of Justice on February 24, ruled that George Alan Kelly had good reasons to proceed to trial in the Superior Court.
Police initially charged Kelly with first-degree murder in the shooting death of 43-year-old Mexican Gabriel Kuen Butimea on January 30.
The incident allegedly occurred at Kelly’s ranch near Nogales, a city of 20,837 in Santa Cruz County, Arizona.
At a court hearing on February 24, the prosecution announced that Kelly would be charged with second-degree murder without requiring evidence that it was a premeditated crime.
Prosecutors did not elaborate on the downgraded felony charges. Kelly faces two additional counts of aggravated assault with a lethal weapon.
Kelly’s attorney, Brenna Larkin, asked the judge to allow her to continue because the state’s case was “substantially altered” by the new disclosures and it took her time to prepare her response.
“In my experience, it’s routine to allow continuation,” Larkin said. “Mr. Kelly should not be treated specially.”
“Frankly, I’m surprised by the state’s opposition [to a request for a continuance],” she said.
A judge dismissed the defense’s motion, and a hearing proceeded to determine whether there was sufficient evidence that Kelly had committed second-degree murder.
Kelly appeared in court at the hearing on Feb. 24, wearing a blue long-sleeve shirt and vest. After placing a $1 million bond on his property, he remains free.
murder or self-defense
Defense attorneys say they heard one gunshot as Kelly and his wife were having lunch in the kitchen around 2 p.m. on Jan. 30.
In court documents, Kelly told police he went out onto a porch and saw a horse running in his direction, then dressed in camouflage and wearing a backpack and armed with an AK-47 assault rifle. I saw a group of ten to fifteen men armed.
Kelly claimed he fired multiple warning shots over the men’s heads from his AK-47 as they aimed their weapons at him.The men then scattered and fled his property.
During the alleged confrontation, Kelly called a U.S. Customs and Border Patrol liaison on his cell phone to report the incident.
Initial searches of his property by Border Patrol agents and sheriff’s deputies failed to find either the man or the deceased.
Later in the day, Kelly texted a Border Patrol liaison and left a voice message saying the problem was “worse than he imagined” and that he “could have shot something.”
Kelly reportedly told police that he went to check the horse around 5:00 pm that day and found the man’s body after using a flashlight to mark the location of the body.
A second search of the property found Cuen-Butimea lying face down with a single gunshot wound to his back.
Police were issued a warrant to search Kelly’s home. During the second search, they found Kelly’s AK-47, ammunition, and at least eight shell casings in and around the pouch.
During a defense interrogation of a Santa Cruz County detective, Larkin described the location near Kelly’s ranch as a “crime-rich area” used by drug traffickers and criminals stealing drugs from cartels, federal investigators said. I hinted.
Detectives told Kelly during the interview that it was time to “get the truth out” and testified that the first-degree murder charge rested primarily on Kelly making “inconsistent statements.”
“I arrested him on the basis of the whole situation,” the detective testified.
Prosecutors called a man, identified only by the initials DRR, who testified that he was with Quen Butimere on January 30, when Kelly allegedly began shooting at the group.
Witnesses wore blue hoodies and medical masks to conceal their identities and testified using a Spanish-language interpreter.
“[The group was] This gentleman was walking when he shot us,” an eyewitness testified. “I saw Gabriel holding his chest.”
He added that Cembtimer then fell sideways to the ground with wide eyes.
“I ran. I couldn’t help him.”
Witnesses testified that a total of about 15 gunshots sounded like bullets from AK-47 rifles. He said he thought he shot him.
Eyewitness Testimony ‘Unreliable’
Before the judge’s ruling on the probable cause, Larkin said he had “no reason” to believe the witness’s “absolutely unbelievable” testimony, and police found a quantity of shell casings consistent with the witness’ account. Said he didn’t.
“It’s inconceivable that Mr. Kelly took aim from the porch and somehow found this person and shot that long and difficult,” she said.
“Obviously there’s a body here,” she added. “There must be a very good reason why this crime was committed. [and that] This particular person committed this crime. “
Larkin asked the judge to “do the right thing” and could find no probable cause in the case.
Meanwhile, a fundraising campaign on GiveSendGo raised $344,460 for Kelly’s legal defense.
Shannon Pritchard, who created the campaign, said the initial goal was $250,000, calling the amount raised “an amazing, miraculous, incredible blessing to the Kelly family.”
“It’s a tragedy that a mediocre farmer who should have been protected by the government was abandoned and had to defend himself. That’s bad enough, but the government that caused this now wants to persecute him.” wrote Pritchard.
A Change.org petition to drop the charges against Kelly received 11,526 signatures towards a goal of 15,000.
At a hearing before the House Judiciary Committee on the Border Crisis in Yuma, Arizona, on Feb. 23, Pinal County Sheriff Mark Lamb said, based on what he saw, the $1 million set for Kelly. He said he thought the dollar deposit was “a little excessive.”
“From what I’ve seen, it seemed a little excessive for a man with no criminal record, claiming self-defense, and claiming he didn’t shoot.”
Lam told the Epoch Times that a first-degree murder charge appears unusual in this case, given the evidence presented.
“I’ve heard the word premeditated. Premeditated 1st degree is very difficult to prove. From what I’ve heard it seems very likely. But I don’t know the incident.”
Santa Cruz County Sheriff’s Deputy Gerardo Castillo told the Epoch Times that the agency “does not investigate crimes of this magnitude.” [previously] Immigrants and ranchers are involved. “
“The investigation continues. There are many things still in progress. I cannot comment at this time,” Castillo said.
Prosecutors claimed Kelly shot Cembtimer without provocation, but Larkin said the incident was “very political” from the start.
Larkin said at a court hearing on February 22, “This essentially ignited an incredibly intense political gunpowder keg match and, predictably, there was an explosion.
Kelly declined to comment to the Epoch Times during a probable cause hearing on February 24.
