SANTA CRUZ COUNTY, Ariz. (KGUN) — Updated 1:35 p.m.
The state has announced it has decided not to seek a retrial in the case of George Alan Kelly, whose defense is seeking to have the case dismissed.
Watch today's hearing in the video player above.
A hearing to consider the defense request will be held at a later date.
Outside the courthouse, protester Tracy Peterson told KGUN 9 why she came from Tucson to Nogales for the hearing.
“This is a reminder to people that hunting season is open,” Peterson said. “It shows that it's OK for immigrants to cross the border onto your land and be shot.”
As he left court with no prospect of a retrial, Kelly told KGUN 9 only that he felt a sense of relief, concluding with “thank God.”
Updated 1 p.m.
Demonstrators gathered outside the Santa Cruz County courthouse to show support for the state retrying George Alan Kelly in the shooting death of Gabriel Kueng Buitimea.
People have been demonstrating outside the courthouse in hopes that the state will decide to reopen the case, which begins at 1:30 pm Arizona time. pic.twitter.com/qV1Vukx5V9
— Adam Klepp (@AdamKleppAZ) April 29, 2024
Original Story:
George Alan Kelly is scheduled to return to Santa Cruz County Court this afternoon after a mistrial was declared last Monday.
Since a mistrial does not amount to double punishment, the state will decide whether to retry the case or drop the charges.
The state has charged Kelly with second-degree murder for the January 2023 shooting death of immigrant Gabriel Kueng Buitimea, who was on Kelly's property.
The case involved minor charges, but the eight-member jury was unable to reach a unanimous verdict after a month-long trial.
After the annulment was handed down, Kelly released a short statement to the press.
“I'm going to keep fighting forever, I'm never going to quit,” Kelly said.
“Let me go home,” George Alan Kelly said after the annulment was handed down. The Mexican consulate said it hopes the state will retry the case and that justice will be served. pic.twitter.com/IDYpaM806C
— Adam Klepp (@AdamKleppAZ) April 23, 2024
One of Kelly's lawyers After the invalidation ruling, he also spoke to the media. And he said the jury voted 7-1 to acquit him.
“The message should be, give it another try and maybe this time we'll get an impartial jury,” Kelly Lowthorpe said.
Neither the prosecution nor the jurors spoke to the media after Monday.
Consul General of Mexico in Nogales He made a short statement, They said they still wanted justice to be served for Kueng Buitimea.
“Mexico will continue to stand with the family of Quen Buitimea in their quest for justice,” Marcos Moreno Baez said.
The hearing begins at 1:30 p.m. and this article will be updated as new information becomes available.
