Prosecutors in Arizona have opted not to retry rancher George Kelly, 75, who fatally shot an unarmed migrant, Gabriel Cuen-Buitimea, 48, on his property near the U.S.-Mexico border in January 2023. The decision comes after a mistrial was declared on April 22 due to a deadlocked jury.
Kelly faced charges of second-degree murder and aggravated assault for the shooting that took place on his 170-acre ranch in Kino Springs, Arizona. In a statement released on Monday, the Santa Cruz County District Attorney's Office acknowledged the “because of the unique circumstances and challenges surrounding” the case as the reason behind their decision not to pursue a retrial.
However, the statement also emphasized the office's commitment to upholding their legal obligation, stating, "Our office is mandated by statute to prosecute criminal acts, and we take that statutory mandate seriously." They did not elaborate on whether their stance on prosecuting similar cases in the future would be affected by this decision.
Brenna Larkin, the attorney representing Kelly, has yet to respond to requests for comment. Previously, she revealed that the jury was unable to reach a unanimous verdict, with reports suggesting a final vote leaning towards Kelly's acquittal.
The case sparked a heated debate with immigration critics and ranchers expressing sympathy for Kelly, viewing him as a victim defending his property. On the other hand, many were deeply disturbed by the shooting.
Authorities reported that Cuen-Buitimea was part of a group of undocumented migrants who fled from Border Patrol agents and entered Kelly's ranch. Kelly's attorney claims his client fired warning shots after spotting armed men approaching his residence. Prosecutors, however, argued that Kelly fired without any warning.
The case also highlighted the complexities surrounding border security and land ownership. Kelly's decision to reject a plea deal for a lesser charge of negligent homicide in exchange for a guilty plea further fueled the controversy.
With the decision to forgo a retrial, the case against Kelly is officially closed.
