The case of Arizona rancher George Alan Kelly, who was accused of second-degree murder in connection to the death of a Mexican national found fatally shot on his borderland ranch in January 2023, ended in a mistrial after the jury was unable to reach a verdict. The case centered around the death of Gabriel Cuen-Buitimea, who was found shot to death on Kelly’s cattle ranch outside Nogales. Kelly’s defense argued that Cuen-Buitimea was not an unarmed migrant and suggested cartel influence mired the death investigation. The defense maintained that Kelly only fired warning shots and that a rip crew could have been responsible for Cuen-Buitimea’s death.
During the trial, witnesses testified regarding the distance Kelly was from the victim when the shots were fired, as well as the motivation behind the shooting. Kelly’s wife testified that she saw armed men near their property and reported it to Border Patrol. The defense argued that no evidence pointed to Kelly being guilty of the murder and suggested that Cuen-Buitimea may have been killed by a rip crew. The fatal bullet was never recovered, casting doubt on the prosecution’s case. The jury was also able to visit Kelly’s ranch to see the layout of the land.
The defense challenged Sheriff David Hathaway’s handling of the case, accusing him of making inappropriate comments and violating protocol by arranging an unauthorized meeting with a key witness. The witness in question, Daniel Ramirez, testified that he was present during the shooting but the defense argued that his testimony was inconsistent and unreliable. The defense maintained that Kelly was justified in firing warning shots to protect himself and his wife from a perceived threat.
The prosecution argued that there was no justification for Kelly to use deadly force against unarmed men and accused him of escalating the situation unnecessarily. The prosecutor highlighted the entry and exit wounds on the victim’s body as evidence that the shots came from Kelly’s property. The jury was given the option to convict Kelly on charges ranging from second-degree murder to lesser offenses such as manslaughter or negligent homicide. Kelly had previously rejected a plea deal that would have reduced the charge to one count of negligent homicide.
Kelly’s case garnered national attention after he was initially held on a first-degree murder charge and later had the charge downgraded to second-degree murder. The mistrial in his case means that he may face another trial in the future. The defense’s argument that Cuen-Buitimea may have been killed by a rip crew rather than Kelly himself raises questions about the handling of the investigation and the possibility of cartel involvement in the case. Kelly’s defense team maintained his innocence throughout the trial and will continue to fight for his acquittal in any future proceedings.
