ABC27 News reports that "Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant." George Alan Kelly, 75, has been charged with the second degree murder of Gabriel Cuen-Buitimea, an illegal alien that had crossed the border onto Kelly's ranch. Cuen-Buitimea is a repeat offender: "Court records show Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016."
As you might remember, Kelly had seen illegals (probably cartel members) at various times armed with probably automatic weapons. Per this article from KOB 4:
Cuen-Buitimea was in a group of men that Kelly encountered on his property. Prosecutor Mike Jette said Kelly recklessly fired an AK-47 rifle toward the group that was about 100 yards (90 meters) away.
Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone, explaining that he feared for his safety and that of his wife and property.
“He says he shot 100 yards over their heads. But he never told law enforcement that he was in fear of his life,” Jette said in closing arguments.
Kelly fired nine shots toward the group, according to Jette, who said Cuen-Buitimea suffered three broken ribs and a severed aorta.
Jette encouraged jurors to find Kelly guilty of reckless manslaughter or negligent homicide if they can’t convict him on the murder charge.
Defense attorney Brenna Larkin, in her closing argument, said Kelly “was in a life or death situation” that was “a terrifying scenario” for him.
“He was confronted with a threat right outside his home,” Larkin said. “He would have been absolutely justified to use deadly force, but he did not.”
An anonymous caller had later alerted authorities that there was a dead body on the ranch, which was Cuen-Buitimea, allegedly killed by Kelly, although Kelly is adamant that he shot above the illegals and no bullet was ever recovered. Even the path of the bullet through the dead illegal is inconsistent with his being shot at a distance by Kelly.
In any event, the ABC 27 article reports, "[t]he decision [to declare a mistrial] came after jurors failed to reach a unanimous decision after more than two full days of deliberation[.]"
“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. Prosecutors did not immediately respond to emailed requests for additional comment.
The article also states:
After Monday’s ruling, Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, said he would wait with Cuen-Buitimea’s two adult daughters on Monday evening to meet with prosecutors from Santa Cruz County Attorney’s Office to learn about the implications of a mistrial.
“Mexico will continue to follow the case and continue to accompany the family, which wants justice.” said Moreno. “We hope for a very fair outcome.”
By "fair" they mean that they want to see Kelly spend the rest of his natural life in prison. By "justice" they want to be able to sue Kelly and take all of his assets.
Infuriating - and this in Arizona. Looks like a juror stood up and said, "no". Good for him.
ReplyDeleteThis was a political show trial meant to intimidate anyone that might decide to take their own actions against the invasion.
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