SANTA CRUZ COUNTY, Ariz. – A judge declared a mistrial on Monday in the case of Arizona rancher George Alan Kelly, who was accused of murdering an illegal immigrant trespassing on his property. The jury deliberated for several days, yet failed to reach a verdict.
An illegal immigrant — who had been deported from the U.S. on several occasions — Gabriel Cuen-Buitimea, 48, was fatally shot in January 2023. Kelly, 75, was subsequently charged with second-degree murder and aggravated assault. He pleaded not guilty in March 2023.
Following a four-week trial, the jury began deliberations on Thursday. By Monday they were at an impasse and could not reach a unanimous decision. Therefore, Judge Thomas Fink declared a mistrial, the Daily Wire reported.
“Based upon the jury’s inability to reach a verdict on any count,” Judge Thomas Fink said, “This case is in mistrial.”
On April 29, a status hearing is scheduled to determine if prosecutors will make another attempt at a trial, according to FOX 10 Phoenix.
“It’s a victory,” defense lawyer Kathy Lowthorp said of the mistrial, reported The Epoch Times. “It’s the second best answer – not guilty, and then a mistrial. So either way, it’s a win, just not the perfect win.”
Kelly had been accused of shooting Cuen-Buitimea on January 31, 2023, as the Mexican national was trespassing with a group of other suspected illegal immigrants on Kelly’s Arizona ranch, not far from Nogales.
The rancher’s defense is that he simply fired warning shots and did not shoot Cuen-Buitimea. He reportedly heard another gunshot and immediately called Border Patrol.
Kelly later discovered Cuen-Buitimea’s body on his property when he again called the authorities. The lethal bullet was never recovered.
According to the rancher, he feared for the safety of himself and his wife after he saw a group of men with rifles near his home. As a result, he fired warning shots into the air.
Santa Cruz County prosecutor Mike Jette claimed the rancher never saw armed men, and accused Kelly of escalating the situation.
On Monday, Kelly’s wife sat in the front row of the courtroom as she anxiously awaited the verdict, azcentral.com reported.
“I feel like I’ve been in suspension for 15 months, and I’m getting nowhere, and I’m still on that treadmill. We have to wait a little longer,” said Wanda Kelly after the mistrial was declared.
Kelly, who was out of custody on $1 million bond, said he is more concerned for his wife than for himself, while saying they will not give up.
“They want ice water in you-know-where. And they ain’t got it. So, it is what it is. … They won’t wear me down,” Kelly said about the mistrial and potentially having a retrial.
