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PHOENIX - A mistrial has been declared in the trial of George Alan Kelly, an Arizona rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border.
This latest development came after Judge Thomas Fink sent jurors home for the weekend on April 19: jurors failed to reach a verdict on that day. Deliberations resumed on April 22.
"Based upon the jury's inability to reach a verdict on any count," Judge Thomas Fink said, "This case is in mistrial."
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.
The jury got the case after a nearly one-month trial in a presidential election year that has drawn widespread interest in border security. Some on the political right have supported the rancher as anti-migrant rhetoric and presidential campaigning heat up.
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George Kelly: Mistrial declared in murder case
There is a mistrial in the case of George Kelly, a rancher accused of killing a migrant on his land in Southern Arizona.
Kelly, 75, was charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea.
Cuen-Buitimea, 48, lived just south of the border in Nogales, Mexico. Court records show Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016.
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.
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.
(The Associated Press contributed to this report)