Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

The trial of an Arizona border rancher charged with killing a migrant has reached the halfway point

Jurors in the case of an Arizona rancher charged with fatally shooting a migrant on his border property will be allowed to visit the scene of the killing

Anita Snow
Monday 08 April 2024 16:26 EDT
Border Rancher Migrant Killed
Border Rancher Migrant Killed

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.

Jurors in the case of an Arizona rancher charged with fatally shooting a migrant on his property will be allowed to visit the ranch near the border with Mexico as early as this week as the trial enters its second half.

Judge Thomas Fink of the Santa Cruz County Superior Court said last week he would allow the visit but has not set a day and time. Fink denied on Monday a request by news media to accompany jurors on the visit to 75-year-old George Alan Kelly's ranch.

The judge has said the visit would help jurors in the “fair determination of the allegations in this case," but maintained on Monday that his restrictions on questioning jurors and capturing images of them would make it too difficult to allow news media to go.

Such visits are relatively uncommon.

In 2018, federal jurors in the trial of a U.S. Border Patrol agent charged in the fatal shooting of a teen across the Mexican border also in the Nogales, Arizona, area were taken to the scene of the shooting after dark to observe conditions as they may have been at the time. Former agent Lonnie Schwartz was acquitted in the killing of 16-year-old Jose Antonio Elena Rodriguez when jurors failed to reach a verdict on a voluntary manslaughter charge.

The trial against Kelly so far has included testimony by his wife, Wanda, who said that on the day of the shooting she saw two men armed with rifles and wearing backpacks pass their house on the ranch.

A Honduran man in a group of migrants on the ranch that day testified about seeing Gabriel Cuen-Buitimea, 48, fall to the ground after being struck. The bullet that killed Cuen-Buitimea was never found.

Kelly was arrested and charged last year in the Jan. 30, 2023, fatal shooting of Cuen-Buitimea, who lived in Nogales, Mexico, just south of the border.

Prosecutors have said Kelly, who was also armed with a handgun, recklessly fired an AK-47 rifle toward the migrants, who were about 100 yards (90 meters) away from him on his nearly 170-acre (69-hectare) cattle ranch. Kelly and his defense team reject that narrative.

The proceedings have been held four days a week since the trial began March 22. It is expected to conclude April 19.

Border security is a key issue in this year’s presidential contest, with Republican Donald Trump and Democratic President Joe Biden making dueling visits to the Texas-Mexico border in late February.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in