Judge declares mistrial in case of Arizona rancher accused of killing unarmed migrant
A judge has declared a mistrial in the criminal case against 75-year-old Arizona rancher George Alan Kelly, accused of fatally shooting a migrant on his property near the U.S.-Mexico border, the court confirmed Monday night.
Jurors had been deliberating since Thursday afternoon.
Kelly was charged with second-degree murder and aggravated assault in the Jan. 30, 2023, fatal shooting of Gabriel Cuen-Buitimea, 48, a migrant who lived across the border in Nogales, Mexico. He had pleaded not guilty.
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Law enforcement officials said Cuen-Buitimea was traveling with a group of migrants who ran when they saw border patrol agents in the area. Cuen-Buitimea and another migrant were allegedly heading back to the southern side of the border when they passed through Kelly's cattle ranch.
It's then that prosecutors alleged Kelly recklessly fired his AK-47 from a distance of about 115 yards, fatally striking Cuen-Buitimea in the back.
During the trial, prosecutors pointed out inconsistent statements Kelly made to law enforcement officials throughout the investigation.
According to prosecutors, Kelly initially told Jeremy Marcel -- a border patrol agent who worked as a ranch liaison -- he was returning fire after being shot at by a group of five armed individuals who were wearing packs and running southbound.
Prosecutors claimed Kelly at first failed to tell law enforcement agents he shot his weapon. Prosecutors said his story changed minutes later when he told law enforcement officials it was a group of about 10-15 people armed with AR-style rifles.
Authorities say Cuen-Buitimea was unarmed and they were unable to find evidence that another weapon had been fired.
"When you see two unarmed migrants walking southbound beyond two fence lines and you take your AK-47, you walk out and don't say a word, point it at them and you shoot, would that be what a reasonable person would do in that situation?" prosecutor Mike Jette asked the jury during his closing arguments. "The answer has to be no."
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