Mistrial Declared in Case of Arizona Rancher Accused of Fatally Shooting Migrant

After facing charges of second-degree murder and aggravated assault in the fatal shooting of a migrant near the U.S.-Mexico border, 75-year-old Arizona rancher George Alan Kelly's criminal case has resulted in a mistrial, as confirmed by the court on Monday night.

The incident in question occurred on Jan. 30, 2023, when Gabriel Cuen-Buitimea, a 48-year-old migrant from Nogales, Mexico, was fatally shot on Kelly's cattle ranch. Prosecutors alleged that Kelly recklessly fired his AK-47, fatally striking Cuen-Buitimea in the back as he and another migrant were allegedly heading back to the southern side of the border.

Prosecution's Allegations

Throughout the trial, prosecutors pointed out inconsistent statements made by Kelly to law enforcement officials. They claimed that Kelly initially told a border patrol agent he was returning fire after being shot at by a group of armed individuals, but later changed his story multiple times. Prosecutors also emphasized that Cuen-Buitimea was unarmed, and no evidence was found to support Kelly's initial claims of being fired upon.

Kelly's lawyers attempted to discredit the prosecutor's account of the incident, accusing law enforcement of overlooking leads that could have exonerated their client. They argued that Kelly was acting in self-defense and only fired warning shots above the group. Additionally, the defense claimed that the bullet which struck Cuen-Buitimea may have come from another source within the group.

During the trial, jurors visited Kelly's ranch and discovered shell casings outside his home that matched the pattern of shots fired in Cuen-Buitimea's direction. Testimony from a migrant named Daniel Ramirez, who was with Cuen-Buitimea at the time of the incident, supported the prosecution's case. Prosecutors also presented text messages allegedly sent by Kelly, suggesting a state of mind that raised further questions.

The trial resulted in a mistrial, with the jury unable to reach a unanimous decision. The case raised significant debate around the actions taken by George Alan Kelly on that fateful day and the complex dynamics of the U.S.-Mexico border. As the legal proceedings continue, the search for justice and truth in this tragic incident remains ongoing.