Prosecutors say they will not retry Arizona rancher accused of killing Mexican man close to U.S.-Mexico border

PHOENIX — Prosecutors mentioned Monday they won’t retry an Arizona rancher whose trial within the deadly capturing of a Mexican man on his property ended final week with a deadlocked jury.

The jurors within the trial of George Alan Kelly had been unable to achieve a unanimous determination on a verdict after greater than two days of deliberation. Santa Cruz County Superior Court docket Choose Thomas Fink declared a mistrial on April 22.

After the mistrial, the Santa Cruz County Legal professional’s Workplace had the choice to retry Kelly — or to drop the case.

“Due to the distinctive circumstances and challenges surrounding this case, the Santa Cruz County Legal professional’s Workplace has determined to not search a retrial,” Deputy County Legal professional Kimberly Hunley informed Fink Monday.

Fink agreed to dismiss the case. He mentioned a listening to could be scheduled later to find out if it could be dismissed with prejudice, which might imply it couldn’t be introduced again to court docket.

Kelly’s protection legal professional Brenna Larkin informed the choose that she would file a request for the case to be dismissed with prejudice.

Larkin didn’t instantly return a request for remark despatched by e-mail after the ruling.

When a reporter from the Tucson TV station KGUN requested for Kelly’s response exterior the courthouse, he mentioned he felt “reduction.”

“The nightmare’s over,” Kelly added, saying that the sufferer’s household “has my honest sympathy.”

Kelly was trailed by protesters demonstrating on behalf of 48-year-old Gabriel Cuen-Buitimea, who was fatally shot on Jan. 30, 2023.

“Gabriel was a human being,” mentioned one signal carried by protesters.

“Somebody strolling 100 yards away just isn’t a menace,” learn one other, which referred to as for a retrial.

The 75-year-old Kelly had been on trial for almost a month in Nogales, a metropolis on the border with Mexico. The rancher had been charged with second-degree homicide within the killing exterior Nogales, Arizona.

Cuen-Buitimea had lived simply south of the border in Nogales, Mexico. He was in a bunch of males that Kelly encountered that day on his cattle ranch. His two grownup daughters, together with Mexican consular officers, met with prosecutors final week to study in regards to the implications of a mistrial.

The Mexican Consulate in Nogales, Arizona, mentioned it could launch an announcement later.

Prosecutors had mentioned Kelly recklessly fired 9 photographs from an AK-47 rifle towards a bunch of males on his cattle ranch, together with Cuen-Buitimea, about 100 yards away. Kelly has mentioned he fired warning photographs within the air, however argued he didn’t shoot straight at anybody.

The trial coincided with a presidential election yr that has drawn widespread curiosity in border safety. Throughout it, court docket officers took jurors to Kelly’s ranch in addition to a piece of the U.S.-Mexico border.

Earlier, Kelly had rejected an settlement with prosecutors that may have lowered the cost to at least one rely of negligent murder if he pleaded responsible.

Kelly was additionally accused of aggravated assault of one other particular person within the group of about eight individuals.