Prosecutors reconvene after deadlocked jury in trial over Arizona border killing
Prosecutors are headed back to court to announce whether they will retry an Arizona rancher after a jury deadlocked in the fatal shooting of a Mexican man on his property near the southern U.S. border
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Prosecutors are headed back to court Monday afternoon to announce whether they will retry an Arizona rancher after a jury deadlocked last week over whether or not to convict him in the shooting of a Mexican man on his property.
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 has the option to retry Kelly — or to drop the case.
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 in 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, including Cuen-Buitimea, about 100 yards (90 meters) away on his cattle ranch. 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 the trial, court officials took jurors to Kelly’s ranch as well as a section of the U.S.-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.