Prosecutors in Arizona have decided not to retry rancher George Kelly, who was charged with murdering an unarmed migrant on his property. The mistrial was declared last week after jurors were unable to reach a unanimous verdict. Kelly fatally shot Gabriel Cuen-Buitimea after he crossed the U.S.-Mexico border onto Kelly’s 170-acre ranch in Kino Springs, Arizona. The Santa Cruz District Attorney’s Office stated that due to the unique circumstances of the case, Kelly would not be retried, but emphasized that this decision does not reflect a stance on future cases of this nature.
Brenna Larkin, Kelly’s lawyer, did not comment on the decision not to retry her client. Following the mistrial last week, she mentioned that the jury was deadlocked at 7-1 in favor of finding Kelly not guilty. The incident occurred when Cuen-Buitimea, along with another individual, ran onto Kelly’s ranch to escape Border Patrol after being spotted crossing the high desert near the border with Mexico. Kelly then fired an AK-47-style rifle at the men, resulting in Cuen-Buitimea’s death. Kelly was charged with second-degree murder and aggravated assault in February 2023.
The case sparked strong reactions from both sides, with immigration critics and conservative ranchers supporting Kelly as a victim, while others were horrified by his actions. According to court documents, Kelly and his wife noticed several armed men near their home while having lunch on the day of the shooting. In response, Kelly fired warning shots over the heads of the group. During closing arguments, deputy Santa Cruz County attorney Michael Jette claimed that Kelly had fired his gun without warning or indication, further emphasizing the contentious circumstances surrounding the case.
Before the trial began in March, Kelly rejected a plea deal that would have reduced the charges to negligent homicide. The decision not to retry Kelly was based on the complexities and challenges of the case, as stated by the Santa Cruz District Attorney’s Office. While this specific case will not be retried, the office reiterated its commitment to prosecuting criminal acts as mandated by statute. Moving forward, the decision not to retry Kelly should not be seen as a precedent for future cases of similar nature, with the office emphasizing the importance of taking its statutory mandate seriously.
In conclusion, the decision not to retry George Kelly in the shooting death of Gabriel Cuen-Buitimea on his Arizona ranch follows a mistrial declaration due to a hung jury. The case stirred controversy and divided opinions, with some viewing Kelly as a victim and others condemning his actions. The prosecution’s decision not to retry Kelly was influenced by the unique circumstances of the case but does not indicate a stance on potential future cases. Despite the resolution of this case, the authorities remain committed to fulfilling their statutory duty of prosecuting criminal acts.
