SANTA CRUZ COUNTY, Ariz. (KGUN) — Witness testimony began Tuesday in the second-degree murder trial of Santa Cruz County rancher George Alan Kelly, who is accused of shooting and killing an illegal immigrant who was passing through his ranch.

Kelly's defense team appears to be trying to convince jurors that someone other than Kelly could have killed the victim.

For lawyers, raising a reasonable doubt is key to acquitting their clients. In the murder trial of rancher George Alan Kelly, Kelly's defense team has already suggested that someone may have shot the victim before Kelly picked up his gun.

Kelly is accused of firing at least nine shots from an AK-47 assault rifle at Gabriel Quyen Buitimere and another man as they crossed Kelly's ranch south toward Mexico. Prosecutors say one of the shots killed Quyen Buitimere, who was not moving toward Kelly and posed no threat.

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The first witness in Kelly's trial was a law enforcement official who testified about investigative techniques, including the use of drones to take aerial photographs and laser equipment to create 3D recordings of the scene.
Kelly's defense team has argued that gunfire was heard before Kelly pulled out a rifle and fired it over the heads of the men about a football field away. In opening statements, Kelly's defense team suggested someone may have fired the fatal shots before Kelly could do anything.

The fatal bullet passed through the man and continued its flight, so it was never recovered or tested to see if it matched Kelly's gun.

Attorney Cathy Lowthorpe questioned Santa Cruz County Deputy Sheriff Pedro Felix, who was the second deputy to watch over the body until it was removed. It was his job to make sure no one disturbed the evidence.

Mr Lowthorpe questioned the strange condition of the backpack the victim had.

Deputy Sheriff Felix said he did not know whether investigators at the scene opened the backpack for inspection.

Kelly's lawyers emphasized that the victim had a two-way radio, the type of device often used by smugglers.

Prosecutors told jurors that Kelly sent aggressive text messages and made vague statements about taking action against smugglers crossing the territory and waited hours to tell investigators he had fired the gun.

During the afternoon's testimony, prosecutors called Jeremy Morsell, a Border Patrol agent tasked with communicating with border ranchers. Morsell was the first person Kelly contacted when he reported people crossing his land.

Morsell said that on Jan. 30, 2023, at about 2:30 p.m., Kelly called him and said in an excited voice, “We're getting shot at. We're shooting back.” In a series of calls that day, Morsell said, Kelly changed his story about how many people were crossing his property, whether he had a rifle and whether he was heading toward or away from Mexico. Morsell said that in one of the subsequent calls, Kelly said something may have been shot at, but did not tell investigators that he, Kelly, had shot at anyone.