2 weeks ago
George Alan Kelly, 75, will not look a retrial successful nan shooting decease of an unarmed migrant connected his Arizona property, aft a assemblage deadlocked past week forcing a mistrial. Photo courtesy of Santa Cruz County Sheriff's Office
April 29 (UPI) -- Prosecutors successful Arizona announced Monday they will not activity a retrial successful nan lawsuit of 75-year-old rancher George Alan Kelly, who was accused of shooting and sidesplitting an unarmed migrant connected his property.
"Because of nan unsocial circumstances and challenges surrounding this case, nan Santa Cruz County Attorney's agency has decided not to activity a retrial," Deputy County Attorney Kimberly Hunley announced astatine Monday's position hearing, aft a deadlocked assemblage forced a mistrial past week.
Kelly's defense squad quickly revenge a petition that nan lawsuit beryllium dismissed pinch prejudice. A proceeding connected nan petition will beryllium scheduled for a later date.
Kelly, who pleaded not guilty, was charged pinch 1 count of second-degree execution and 2 counts of aggravated battle pinch a deadly limb successful nan shooting decease of Gabriel Cuen Buitimea connected Jan. 30, 2023. Buitimea, 48, was a migrant from Mexico and was recovered dormant connected Kelly's 170-acre ranch adjacent Nogales, adjacent to nan U.S.-Mexico border.
While defense attorneys based on Kelly called nan U.S. Border Patrol and fired respective informing shots astatine nan men who he claimed were equipped pinch AK-47s, prosecutors and witnesses said nan men were not armed. The different migrants were not injured and managed to flight backmost to Mexico.
Outside Monday's position proceeding successful Nogales, a number of demonstrators gathered extracurricular nan courthouse.
"It provides an denotation to group it's unfastened season," demonstrator Tracy Peterson told KGUN 9. "That migrants are crossing and they're connected your property, that it's reasonable to shoot."
When nan determination was announced not to retry nan case, Kelly appeared to beryllium flooded pinch emotion and later told reporters "you deed nan nail connected nan head, relief. Thank God."
