An Arizona jury has deadlocked, triggering a mistrial in the case of an Arizona rancher for the murder of an illegal immigrant shot while trespassing. George Alan Kelly, 75, of Santa Cruz County, AZ, is charged with second-degree murder in the January 30, 2023, shooting of Mexican national Gabriel Cuen-Buitimea. The jury began deliberations Thursday, but by Monday, it was clear no verdict was forthcoming. “Based upon the jury’s inability to reach a verdict on any count,” Superior Court Judge Thomas Fink said, “this case is in mistrial.”
Kelly had become increasingly fearful for the safety of himself and his family as large groups of illegal immigrants used his ranch as a thoroughfare from the border and their destination. US Border Patrol agents had frequently warned him of gangs carrying drugs across his 170-acre ranch. On the day in question, Kelly says he saw a group of men with weapons and backpacks on his property and fired nine warning shots from an AK-47. One of the shots allegedly struck Cuen-Buitimea. Cuen-Buitimea was no stranger to illegal border crossings; he had previously entered the US illegally several times and was deported, most recently in 2016.
The case was an obvious political hot potato, and the county attorney, Democrat George Silva, quickly indicted Kelly for one count of second-degree murder and one count of aggravated assault with a deadly weapon.
As an indicator of how this jury was heading, the prosecutor was reduced to begging them to convict Kelly of anything.
[Prosecutor Mike] Jette encouraged jurors to find Kelly guilty of reckless manslaughter or negligent homicide if they can’t convict him on the murder charge.