Phoenix (Associated Press) The judge presiding over the dismissed case of an Arizona border rancher who shot and killed a Mexican man on his property said Monday he would consider whether to leave open the possibility of retrying the case at a later date.
Santa Cruz County Superior Court Judge Thomas Fink said he would consider a request by prosecutors to dismiss the case but would leave open the door for a new trial if new evidence or witnesses come forward. It is unclear when the judge will make a decision.
Judge Fink declared a mistrial on April 22nd after the jury in the trial of defendant George Alan Kelly was unable to reach a unanimous verdict.
The Santa Cruz County Prosecutor's Office then had to choose whether to retry Kelly or drop the case.
Deputy County Attorney Kimberly Hanley said prosecutors support dismissing the case for now, but want to keep the option open to retrial if circumstances change. She requested that the case be dismissed without prejudice and potentially returned to court.
“Unknown witnesses may come forward,” Hanley said, “or known witnesses in Mexico may come forward.”
Kelly's attorney, Brenna Larkin, asked that the case be dismissed.
“It would not be appropriate to allow the state to seek out other witnesses,” Larkin said. “The state has been given ample opportunity to present evidence.”
Kelly, 75, had been on trial for about a month in the Mexican border city of Nogales for his role in the death of 48-year-old Gabriel Kueng Buitimere, who was shot and killed on Jan. 30, 2023. Kelly, a rancher, is charged with second-degree murder.
Quen Buitimere, who lived just south of the border in Nogales, Mexico, was among the group of men Kelly met at the ranch that day.
Prosecutors say Kelly recklessly fired nine shots from an AK-47-style rifle at a group of men, including Kuyen Buitimea, on his ranch about 100 yards (90 meters) away. Kelly says he fired warning shots into the air but denies he fired directly at anyone.
The trial comes during a presidential election year that has drawn widespread attention to border security, and court officials took jurors to Kelly's ranch and to parts of the US-Mexico border during the trial.
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