An Arizona judge declared a mistrial Monday in the trial of a rancher who shot dead an unarmed migrant with an AK-47 after the jury could not reach a unanimous decision.
George Alan Kelly’s defense argued that he fired warning shots into the air when he saw a group of armed men near his property — and that one of them shot at him, AZcentral reported. His wife, however, testified that she didn’t hear a shot before her husband’s “warning shots,” and a Border Patrol agent testified that the defense contention that the area was full of “rip crews” — groups of criminals operating to take advantage of migrants — hadn’t been true in a decade.
Law enforcement also testified that they found no guns, drug packs or any other signs of illegal activity in the area, other than migrants crossing the border illegally for work.
Gabriel Cuen Buitimea, 48, was shot and killed on January 30, 2023. He was traveling with another migrant, Daniel Ramirez, and both had crossed the border illegally looking for work. Ramirez testified last year during a preliminary hearing about the day Kelly shot Buitimea in a hail of bullets.
Investigators found nine spent shell casings on Kelly’s patio, but the bullet that killed Buitimea passed through his body and was never found, KSAZ reported.
Kelly’s story changed as the investigation continued, first telling investigators that the migrants shot at him and he shot back, then later saying that he had an altercation with someone and heard a gunshot, AZcentral said. The defense said his story changed because of fear and adrenaline.
Kelly was exuberant at the declared mistrial, and his Texas attorney, who complained about stringent rules for evidence in Arizona, called it the second best outcome.
“They won’t wear me down,”Kelly, 75, told reporters after the trial ended.
A hearing is scheduled for Monday afternoon, when prosecutors will tell the judge if they plan to seek a retrial.
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[Featured image: FILE – George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. (Mark Henle/The Arizona Republic via AP, Pool, File)]
