Prosecutors in Arizona mentioned on Monday that they might not retry a rancher who was charged with murdering an unarmed migrant on his property final yr after a mistrial was declared final week.
Jurors weren’t capable of attain a unanimous verdict within the case towards George Kelly, 75, who fatally shot at Gabriel Cuen-Buitimea, 48, on his 170-acre ranch in Kino Springs, Ariz., after Mr. Cuen-Buitimea crossed the U.S.-Mexico border in January 2023. Choose Thomas Fink of Santa Cruz County Superior Courtroom declared a mistrial on April 22.
The Santa Cruz District Legal professional’s Workplace mentioned in a press release on Monday that “due to the distinctive circumstances and challenges surrounding” the case, Mr. Kelly wouldn’t be retried.
“Nevertheless, our workplace’s choice on this case shouldn’t be construed as a place on future instances of this sort,” the workplace mentioned. “Our workplace is remitted by statute to prosecute legal acts, and we take that statutory mandate significantly.”
Brenna Larkin, a lawyer for Mr. Kelly, didn’t instantly reply to requests for touch upon Monday.
Ms. Larkin mentioned final week that there had been a hung jury within the case, and that the ultimate depend had been 7-1 in favor of discovering Mr. Kelly not responsible.
Mr. Cuen-Buitimea was a part of a gaggle of undocumented migrants who have been crossing the excessive desert in Kino Springs, Ariz., close to the border with Mexico on Jan. 30, 2023, once they have been noticed by Border Patrol and fled, in response to the authorities. Mr. Cuen-Buitimea and one other man, Daniel Ramirez, ran onto Mr. Kelly’s ranch, which is when Mr. Kelly fired an AK-47-style rifle at them, the authorities mentioned.
Mr. Cuen-Buitimea was struck within the again and died, regulation enforcement officers mentioned.
Mr. Kelly was charged in February 2023 with one depend of second-degree homicide and two counts of aggravated assault.
The case emboldened immigration critics and conservative ranchers, who mentioned that Mr. Kelly had been a sufferer, whereas others have been horrified by the taking pictures.
Ms. Larkin mentioned in courtroom paperwork that Mr. Kelly had been consuming lunch the day of the taking pictures when he and his spouse noticed a number of males armed with rifles close to his residence.
“Mr. Kelly responded by firing a number of warning pictures over the heads of the group,” she wrote in courtroom paperwork.
Michael Jette, a deputy Santa Cruz County lawyer, mentioned throughout closing arguments on April 18 that Mr. Kelly had fired his gun “with out verbal warning, with out a shout, with none indication,” The Related Press reported.
Earlier than the case went to trial in March, Mr. Kelly rejected a plea settlement that will have diminished the costs to 1 depend of negligent murder.
