Mistrial declared in trial of Arizona rancher charged in fatal shooting near border

After a month-long trial, a 75-year-old Arizona rancher, George Alan Kelly, has been cleared of second-degree murder charges in the fatal shooting of 48-year-old Gabriel Cuen-Buitimea on January 30, 2023. The trial, which took place in Nogales, resulted in a deadlocked jury after more than two days of deliberation, leading Santa Cruz County Superior Court Judge Thomas Fink to declare a mistrial on April 22.

The Santa Cruz County Attorney’s Office announced on Monday their decision not to retry Kelly, following the deadlock in the trial. The office had the option to either retry Kelly or drop the case after the mistrial.

The shooting occurred on Kelly's cattle ranch near the U.S.-Mexico border, where Cuen-Buitimea, who lived in Nogales, Mexico, was among a group of men encountered by Kelly. Prosecutors alleged that Kelly recklessly fired nine shots from an AK-47 rifle toward the group, while Kelly maintained that he only fired warning shots into the air and did not aim directly at anyone.

Implications and Reactions

Following the mistrial, Cuen-Buitimea's two adult daughters, accompanied by Mexican consular officials, met with prosecutors to understand the implications of the decision. The trial coincided with a presidential election year that heightened interest in border security, leading court officials to take jurors to Kelly’s ranch and a section of the U.S.-Mexico border.

Kelly had previously rejected an agreement with prosecutors to plead guilty to a reduced charge of negligent homicide. He was also accused of aggravated assault of another person in the group.