A criminal case against Keno Springs resident George Alan Kelly, who was charged with second-degree murder last year, was dismissed.

The sentence was handed down Monday afternoon in Santa Cruz County Superior Court, days after a jury was unable to reach a verdict in the case, resulting in a mistrial.

“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley announced during a status hearing Monday.

“Your Honor, we don't dispute that,” attorney Brenna Larkin added.

“We are recessing the matter,” Superior Court Judge Thomas Fink said a few minutes later.

Kelly stood next to Larkin, clutching the wooden podium in front of him, and remained silent throughout the hearing.

Protesters gathered outside the courthouse Monday afternoon before and after the brief hearing, calling for the case to be retried.

“Mr. Kelly, please tell the truth,” said Ana Maria Vásquez Leon, a Sonora-based activist with the Border Patrol Victims Network.

“What you're doing is opening the door to many more murders,” she continued.

Kelly, escorted by security experts and walking next to his wife, spoke to reporters about the incident.

“The nightmare is over,” he said.

Another status hearing will be scheduled to determine whether the case will be dismissed with appeal or not. If the case is dismissed with appeal, the county attorney's office is prohibited from re-filing the same charges. If the case is dismissed without appeal, the charges may be re-filed.

Larkin, speaking in court Monday afternoon, indicated the defense would seek to have the case dismissed as a first option.

Invalidated Judgment

Kelly was arrested on Jan. 30, 2023, after discovering a body on the grounds of his Kino Springs home and reporting it to authorities. The man was later identified as Gabriel Quen Buitimere, a 48-year-old Mexican national.

The Santa Cruz County Sheriff's Office arrested Kelly that night and charged him with first-degree murder. (As the trial proceeded, the county prosecutor's office later downgraded the charge to second-degree murder.) The county prosecutor argued that Kelly had fired at unarmed illegal immigrants, including Quen Buitimere. Kelly, through his lawyer, argued that he had fired warning shots over the heads of several armed men on his ranch. Kelly's lawyer also argued that the shots could not have killed Quen Buitimere.

During the four-week trial, jurors heard testimony from about 30 witnesses, including law enforcement officials, forensic experts and neighbors who own property near Kelly's home. Kelly's wife also took the stand, as did a Honduran migrant who said he crossed the border with Quen Buitimea on Jan. 30, 2023, and witnessed the victim being shot in the back.

After several days of deliberations, the jury was unable to reach a verdict, and on Monday, April 22nd, Judge Fink declared a mistrial.