Nogales, Arizona – Prosecutors have decided not to retry Arizona rancher George Alan Kelly after a deadlocked jury led to a mistrial in the case involving the fatal shooting of Mexican man, Gabriel Cuen-Buitimea, on Kelly’s property. The trial concluded with the jurors unable to reach a unanimous verdict after more than two days of deliberation, prompting Santa Cruz County Superior Court Judge Thomas Fink to declare the mistrial on April 22.
Following the mistrial, the Santa Cruz County Attorney’s Office had the choice to retry Kelly or drop the case. Deputy County Attorney Kimberly Hunley informed the court on Monday that they opted not to seek a retrial, citing the unique circumstances and challenges surrounding the case. The judge agreed to dismiss the case, with a hearing scheduled at a later date to determine if it would be dismissed with prejudice, preventing it from being brought back to court.
During the proceedings, Kelly’s defense attorney Brenna Larkin indicated their intent to file a request for the case to be dismissed with prejudice. Kelly expressed relief outside the courthouse, stating that the ordeal was finally over and offering his sympathy to the victim’s family.
Protesters, advocating for justice for Gabriel Cuen-Buitimea, had trailed Kelly throughout the trial. The 75-year-old rancher had been on trial for nearly a month in Nogales, facing second-degree murder charges for the incident that took place outside his property where Cuen-Buitimea was fatally shot.
The trial took place amidst heightened attention on border security due to the ongoing presidential election year. Throughout the legal proceedings, jurors were taken to Kelly’s ranch and a section of the U.S.-Mexico border as part of the case. Prosecutors alleged that Kelly recklessly fired shots towards a group of men on his cattle ranch, including Cuen-Buitimea, while Kelly maintained that he only fired warning shots into the air, not targeting anyone directly.
Despite rejecting an earlier agreement with prosecutors that would have reduced the charge to one count of negligent homicide, Kelly now finds himself free from the prospect of a retrial. The Mexican Consulate in Nogales, Arizona, is expected to release a statement regarding the outcome of the case at a later time.