An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border.
“Based upon the jury’s inability to reach a verdict on any count,” Superior Court Judge Thomas Fink said, “This case is in mistrial.”
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case.
Kelly was charged with second-degree murder in killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.
The nearly month-long trial coincided with a presidential election year that has drawn widespread interest in border security.
A second-degree murder conviction would have brought a minimum prison sentence of 10 years.
The jury got the case Thursday afternoon, deliberated briefly that day and then all of Friday and Monday.
In the case of a rancher accused of shooting and killing a Mexican man on his land close to the U.S. border, an Arizona judge on Monday declared a mistrial. S. The border with Mexico. After deliberating for over two full days in the trial of George Alan Kelly, 75, who was charged with second-degree murder in the Jan. 25, the jury was unable to come to a unanimous verdict. Shooting of Gabriel Cuen-Buitimea on March 30, 2023.
Superior Court Judge Thomas Fink declared, “This case is in mistrial based upon the jury’s inability to reach a verdict on any count.”. “.
The decision to proceed with a new trial for any charge against Kelly or to close the case entirely remains with the Santa Cruz County Attorney’s Office.
It was planned that the prosecutor would notify the judge at the status hearing on Monday afternoon of next week if they intended to refile the case. Email requests for more information from the prosecution were not immediately answered.
Cuen-Buitimea, 48, a resident of Nogales, Mexico, just south of the border, was killed, and Kelly was charged with second-degree murder in her death.
Kelly is accused by the prosecution of carelessly firing nine shots from his AK-47 rifle at a group of men on his cattle ranch, including Cuen-Buitimea, from a distance of approximately 100 yards. “Warning shots,” according to Kelly’s attorney appointed by the court. “.
Back then, she stated, “He doesn’t think any of his warning shots could have possibly hit the person or caused the death.”. “All of Mr. Kelly’s shooting on the day of the incident was appropriate and done in self-defense.”. “.
Jurors were taken by court officials to Kelly’s ranch and a border section. Fink turned down requests from the news media to accompany them.
Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, announced following the decision on Monday that he would meet with prosecutors from the Santa Cruz County Attorney’s Office on Monday evening to discuss the potential ramifications of a mistrial. Cuen-Buitimea has two adult daughters.
“Mexico will stick with the family, who seeks justice, and follow the case going forward. “Moreno spoke. “A very just conclusion is what we hope for. “.
Following the ruling, Kelly’s defense lawyer Brenna Larkin did not immediately reply to an email requesting comment. Fink was asked by Larkin to allow the jury to continue deliberating on a different day.
Kelly had previously turned down a deal with the prosecution that would have dropped the charge entirely in exchange for a guilty plea to one count of negligent homicide.
A man from Honduras who was residing in Mexico and testifying during the trial that he had entered the U.S. was among the eight individuals against whom Kelly was also charged with aggravated assault that day. S. that day in search of employment.
All of the other migrants made it back to Mexico unharmed.
Cuen-Buitimea resided in Nogales, Mexico, which is located just south of the border. He was in the U.S. earlier. s. was removed from the country illegally multiple times, with the most recent deportation occurring in 2016, according to court documents.
In February 2023, Maria Castillo, a neighbor, told CBS News affiliate KOLD that although people who have crossed the border occasionally appear in the neighborhood, it is never a problem.
Castillo remarks, “I drive by here every day.”. “I feel very safe living here in the area, I’ve never encountered anyone late or early.”. “.
The trial, which lasted for nearly a month, took place in the year of the presidential election, when border security has garnered a lot of attention.
Fink had advised the jury to try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide if they were unable to reach a verdict on the second-degree murder charge. A minimum 10-year prison term would have been imposed in the event of a conviction for second-degree murder.
Following a brief day of deliberation on Thursday afternoon, the jury deliberated for the entirety of Friday and Monday.
