PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury.
The jurors in the case against George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case. Fink dismissed the case as requested by prosecutors.
Kelly could not immediately be reached for comment. His defense attorney Brenna Larkin did not immediately return a request for comment sent by email after Fink ruled.
The 75-year-old Kelly had been on trial for nearly a month in Nogales, which is on the border with Mexico. The rancher had been charged with second-degree murder on the Jan. 30, 2023, killing of 48-year-old Gabriel Cuen-Buitimea outside Nogales, Arizona.
Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He was in a group of men that Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn about the implications of a mistrial.
Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards (90 meters) away. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.
The trial coincided with a presidential election year that has drawn widespread interest in border security. During it, court officials took oaths to Kelly’s ranch as well as a section of the US-Mexico border.
Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
Kelly was also accused of aggravated assault of another person in the group of about eight people.
