NOGALES — A prosecuting attorney in the case of a Nogales-area rancher facing first-degree murder charges Wednesday, the rancher allegedly shot in the back of a Mexican citizen who risked his life to escape.
Santa Cruz County Attorney’s Chief of Staff Kimberly Hanley alleged that George Alan Kelly shot an unarmed man in an “unprovoked attack” while speaking at a court hearing at the Nogales Court of Justice. Hanley said at least two people who accompanied the fugitive Mexican man were also shot.
“Mr. Kelly indiscriminately shot an unarmed man in the back as he was trying to escape for his life,” Hanley said in a statement. “Without any warning, the victim was shot more than 100 yards from the defendant’s residence.”
The Santa Cruz County Sheriff’s Office filed an amended complaint in Kelly’s case on Tuesday, adding two counts of aggravated assault to the first count of first-degree murder.
According to the complaint, the sheriff’s office accused Kelly, 75, of aggravated assault on two more victims on January 30, using “a rifle, lethal weapon or dangerous implement.” said. Her two additional victims are identified only by their initials on the complaint.
Both victims came forward and provided their statements, Hanley said. It is said that there was a person
A preliminary hearing has been postponed to Friday morning when witnesses will be present.
At the preliminary hearing, the prosecutor must show that the defendant had cause to believe he committed the crime. Prosecutors can present evidence and witnesses at the hearing before a judge decides whether to proceed with the case or dismiss it.
Hanley said prosecutors have not provided all the details of the case so that it would not be known to the public.
Kelly entered the courtroom Wednesday morning handcuffed and donned a red prison jumpsuit and bulletproof vest.
Law enforcement and security forces were heavily manned inside and outside the courtroom during the hearing. Kelly is being held at the Santa Cruz County Adult Detention Center on a $1 million bond.
Justice of the Peace Emilio Velázquez kept the bond at $1 million on Wednesday, but changed the cash bond to a guaranteed bond.
Kelly’s attorney, Brenna Larkin, questioned the credibility of state witnesses in her remarks and suggested they may have been influenced by drug traffickers. Filed a plea of not guilty on Kelly’s behalf for two additional charges of assault.
“Testimonies are bought and sold by drug traffickers in the same way that drugs and people are bought and sold,” Larkin said in his remarks.
Larkin criticized the investigation of the case for indicting Kelly before all the details of the case were investigated.
“Nevertheless, the state decided to fly the gun and indict him for premeditated first-degree murder,” Larkin said. “This essentially ignited a very violent political gunpowder keg and, predictably, there was an explosion.”
Defense version of events
According to court documents, Kelly was eating lunch with his wife on January 30 when he heard a gunshot and saw a frightened horse run as fast as he could. Kelly saw a group of men armed with AK-47s moving through the trees on his property.
According to a 13-page motion filed by Larkin on February 9, the men were dressed in khakis and camouflage and carried large backpacks.
Kelly called the U.S. Border Patrol ranch liaison, who is responsible for helping ranchers in the border areas, and told his wife to stay quiet inside and away from the window so as not to attract the attention of men. I said
lawyer: Nogales rancher charged with murder fired warning shots in self-defense
Kelly walked over to the porch and saw the group’s leader pointing an AK-47 at him. Fired several warning shots overhead.
A Border Patrol agent and a Santa Cruz County sheriff’s deputy arrived at Kelly’s property and searched for the group, but found none. Authorities documented the incident and left.
As the sun was setting that day, Kelly worried that the horse was injured and went to the pasture to check it out. After looking at the horse, Kelly noticed that the dog was focused on something on the ground near the mesquite tree.
“Mr. Kelly approached the dog and observed the body lying face down in the grass,” the motion read.
According to the movement, Kelly was “alarmed” to the discovery and placed a lit flashlight on the ground so he could find the body again. to report findings and seek assistance.
The body was that of Gabriel Kuhn Buitimere, 48, of Nogales, Sonora. Cuen Buitimea was identified by the Mexican voter registration card he carried.
According to a report from , Kuhn Buitimere’s body was found about 100 to 150 yards from Kelly’s home with one visible gunshot wound. Nogales InternationalAccording to the motion, no weapons or backpacks were found at or near Cuen Buitimea.
Cuen Buitimea wore tactical boots and had a radio. A Santa Cruz County Sheriff’s Deputy found the body shortly before 6:30 p.m.
Authorities recovered two assault rifles from Kelly’s home to determine if either was used in the shooting. The details surrounding Kuen Buitimea’s death remain largely unknown. The time of death and the type of bullet that killed him have not been made public.
Lawyers demand bail be lowered and Kelly released
In a February 9 motion, Larkin asked a judge to lower Kelly’s custody and release him to his own approval or his wife’s custody. and appears designed to keep defendants in custody while they struggle to maintain their innocence.”
Larkin also argues that “the evidence against Mr. Kelly is very weak in this case,” citing that no bullets have been found for testing to determine which gun fired the fatal shot. bottom.
What we know: Arizona rancher charged with shooting dead Mexican citizen
Larkin pointed to the fact that authorities were unable to find a body when officials searched his home after Kelly fired warning shots as another example of “weak” evidence in the case.
“Quite simply, this is a case of an innocent man being wrongfully accused of a crime,” the motion read.
According to the motion, Kelly had received serious threats from other inmates in prison and was moved to protective custody, which was under a 23-hour lockdown.
Kelly and his wife moved to Arizona in 1997 and purchased land in the Kino Springs area in 2002 before building a home in 2008. The couple also own land near Springerville.
Kelly, a North Carolina native, describes himself as “land rich and dollar poor” in the motion.
Got news tips or story ideas about the border and its communities? Contact reporters at josecastaneda@arizonarepublic.com or reach out to us on Twitter @joseicastaneda.
