George Kelly: Prosecutors will not re-try Arizona rancher accused of murder

PHOENIX - Prosecutors say they will not retry George Kelly, an Arizona rancher charged with a fatal shooting near Mexico border.

Kelly, 75, was charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea. The decision came a week after a mistrial was declared. A lone juror was reportedly the reason for the mistrial.

After the mistrial, the Santa Cruz County Attorney's Office had the option to retry Kelly - or to drop the case.

"Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a retrial," Deputy County Attorney Kimberly Hunley told Santa Cruz County Superior Court Judge Thomas Fink on Monday. 

Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn't be brought back to court.

During the trial, Prosecutor Mike Jette said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards (90 meters) away on his property. Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone.

George Alan Kelly

Jette said Cuen-Buitimea suffered three broken ribs and a severed aorta. His unarmed body was found 115 yards (105 meters) away from Kelly’s ranch house. Although investigators found nine spent bullet casings from Kelly’s AK-47 on the home’s patio, the bullet that killed Cuen-Buitimea was never recovered.

Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty. 

(The Associated Press contributed to this report)