Anita Snow, The Associated Press
3 months ago
Defendant George Alan Kelly (center) is followed by reporters as he leaves the Santa Cruz County Courthouse in Nogales, Arizona, Monday, April 29, 2024. Kelly's trial for the shooting death of a Mexican man on his property ended last week with a deadlocked jury, and prosecutors announced Monday they would not seek a retrial. (Angela Gervasi/Nogales International via The Associated Press)
PHOENIX (AP) — A Mexican government official in the Arizona border town of Nogales said Tuesday that Mexico is unhappy that U.S. prosecutors will not retry an American rancher accused of shooting and killing a Mexican man on his own land.
Prosecutors have sought to retry George Alan Kelly, 75, after the jury failed to reach a verdict last week and the judge The judgment was declared invalid.
“This is a very disappointing decision for us,” Mexican Consul General Marcos Moreno Baez said of the Santa Cruz County Prosecutor's Office's announcement made the previous day.
Regarding the possibility of legal action, Moreno said, “I will explore other options with the family, including a civil lawsuit.”
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Kelly was charged with second-degree murder for the Jan. 30, 2023, shooting death of Gabriel Kuyen Buitimere, 48, of Nogales, just south of the Mexican border.
Prosecutors had argued that Kelly recklessly fired nine shots. AK-47 rifle Kelly opened fire at a group of men about 100 yards (90 metres) away from a ranch near the southern US border, saying he fired warning shots into the air but denied firing directly at anyone.
Judge Thomas Fink said a hearing will be scheduled at a later date to determine whether the case will be dismissed, meaning it cannot return to court. No new documents in the case had been released by midday Tuesday.
Kelly's lawyer, Brenna Larkin, welcomed the decision not to retry her client.
“Mr. Kelly and his wife have been living a nightmare for over a year and can finally find some peace,” Larkin said Tuesday. “While the injustice done to Gabriel and his family is regrettable, we are at least pleased to know that injustice will not be compounded by scapegoating an innocent man.”
“I'm intrigued by the Mexican government's continued involvement in this case,” Larkin said, noting that Quyen Buitimea has been arrested and deported multiple times for entering the U.S. illegally.
Moreno said his consulate in Nogales, Arizona, would continue to support the family of Kuyen Buitimea. Consulate officials were present during the trial with the victim's two adult daughters.
The trial coincided with the US presidential election campaign, which has focused widespread attention on border security. Kelly's Ranch Jury The same is true for parts of the U.S.-Mexico border.
