A mistrial has been declared in the criminal case against 75-year-old Arizona rancher George Alan Kelly, who was accused of fatally shooting a migrant on his property near the U.S.-Mexico border. The jury had been deliberating since Thursday afternoon but was unable to reach a unanimous decision. Kelly was facing charges of second-degree murder and aggravated assault in the Jan. 30, 2023 fatal shooting of Gabriel Cuen-Buitimea, a 48-year-old migrant from Nogales, Mexico. During the trial, prosecutors highlighted inconsistent statements made by Kelly to law enforcement officials throughout the investigation.
According to law enforcement officials, Cuen-Buitimea was traveling with a group of migrants who fled when they saw border patrol agents in the area. It is alleged that Cuen-Buitimea and another migrant were heading back to the southern side of the border when they passed through Kelly’s cattle ranch, where Kelly allegedly fired his AK-47 from a distance of about 115 yards, fatally striking Cuen-Buitimea in the back. Prosecutors argued that Kelly initially claimed he was returning fire after being shot at by a group of armed individuals, but later changed his story multiple times. Authorities clarified that Cuen-Buitimea was unarmed and they found no evidence of another weapon being fired.
During his closing arguments, prosecutor Mike Jette questioned the jury on whether it was reasonable for Kelly to shoot at two unarmed migrants who were walking away. The defense argued that Kelly was only protecting himself and his wife by firing warning shots above the migrants’ heads. They also accused law enforcement officials of misconduct and failure to follow leads that would have cleared Kelly of any wrongdoing. Defense attorney Brenna Larkin insisted that Kelly never admitted to shooting at multiple people, as claimed by the prosecution.
The trial included testimony from Daniel Ramirez, a migrant who was with Cuen-Buitimea at the time of the shooting. Ramirez claimed that Cuen-Buitimea grabbed his chest and said, “I’m hit” before succumbing to his injuries. Ramirez admitted to smuggling marijuana in the past but denied trafficking drugs during the incident. Prosecutors presented text messages allegedly sent by Kelly, which they argued showed his state of mind leading up to the shooting. One text mentioned being “overrun with drug cartel” and talked about patrolling the border with a gun.
Investigators found a total of 9 shell casings outside of Kelly’s home that matched the pattern of shots fired towards Cuen-Buitimea. Lead detective Jorge Ainza testified that he believed Kelly fired the fatal shot and that there was no evidence of another shooter involved. Despite these findings, the defense maintained their position that Kelly was acting in self-defense and that he did not intend to harm anyone. The mistrial means that a new trial may be scheduled in the future to determine the outcome of the case against George Alan Kelly.
