Prosecutors have decided not to retry an Arizona rancher accused of fatally shooting a Mexican man who entered his property near the southern border after his murder trial concluded with an independent jury last week. did.
The Santa Cruz County Attorney’s Office has decided to drop the highly politicized case against 75-year-old George Alan Kelly after jurors could not reach an agreement on a verdict after more than 48 hours of deliberation.
Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial last Monday, leaving it up to prosecutors to decide whether to retry Mr. Kelly in the death of 48-year-old Gabriel Quyen Boutimere.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley told Fink on Monday.
The judge agreed to dismiss the case and will set a hearing date to see if the dismissal can be done without prejudice, which would allow the charges to return to court. It disappears.
Kelly’s attorney, Brenna Larkin, plans to file a motion to dismiss the case without prejudice.
During that time, the rancher said he felt “relief” when: Interview by KGUN local reporter when he left the courtroom.
“The nightmare is over,” Kelly said.
He offered his “deepest sympathies” to Quyen-Buitimaa’s family outside the courthouse, where protesters had gathered to demand a retrial to ensure justice for the victim.
“Gabriel was human,” one protester wrote on a sign.
Kelly, whose trial lasted nearly a month, was charged with second-degree murder in the January 30, 2023 shooting outside Nogales, Arizona.
The victim, Quen Buitimea, lived just south of the U.S.-Mexico border in Nogales, Mexico. Prosecutors said Kelly and a group of other men were crossing a cattle ranch in Kelly, Arizona, when an elderly rancher fired nine shots from an AK-47 rifle at them from about 100 yards away. It is said that shots were fired.
Kelly insisted the shots were only meant as a warning and not directly aimed at anyone, but one of the bullets struck Quyen-Buitimare, killing him.
The incident has sparked debate across the country as Republicans criticize President Biden, who is seeking re-election, for his handling of the border crisis amid an influx of migrants from the South into the United States.
A GoFundMe campaign launched to support Kelly, who was initially held on $1 million bail, was enforced for violating the site’s policy on raising funds to help people accused of violent crimes. was closed.
with post wire
