A rancher previously charged with shooting and killing an illegal immigrant who broke into his Arizona ranch will not have to stand trial again.
An Arizona Superior Court judge on Tuesday dismissed murder and assault charges against George Alan Kelly with a “no contest” order. according to 9 KGUN. The ruling means the rancher will not be charged again, closing the final chapter in a case that began more than a year ago. (Related article: Family of mother allegedly raped and murdered by illegal immigrant accepts Trump invitation to Republican National Convention)
9 According to KGUN, Judge Thomas Fink declared that “the interests of justice are not served by dismissals without prejudice in cases where retrial is not possible and will not occur. The interests of justice are not advanced when the only thing accomplished by a dismissal without prejudice is to harass the defendant when there is no possibility of a retrial.”
“For these reasons, the interests of justice require a final decision,” Fink added.
Arizona, 1970. A ranch on the prairie with red clay cliffs in the background and a waterfall cascading between them. (Photo by Smith Collection/Gado/Getty Images)
Kelly is charged with second-degree murder and aggravated assault on Jan. 30, 2023, for shooting and killing Gabriel Kuyen Buitimea, 48, an unarmed illegal immigrant who was traveling on his property along the Arizona-Mexico border.
Quen Buitemere, a Mexican national, was attempting to cross the border with a group of illegal immigrants when he fled after spotting Border Patrol agents near the border. He and his group are said to have passed through Kelly’s ranch on their way back to the southern border to evade Border Patrol agents.
State prosecutors argued that the rancher recklessly fired an AK-47 from about 115 yards away, hitting Kuyen Buitimea in the back and killing him, but Kelly’s defense team argued that he only fired warning shots a few yards above the group of migrants to protect himself and his wife.
However, after the jury was unable to reach a unanimous verdict after more than two days of deliberations, Judge Fink declared a mistrial on April 22. After the mistrial, the judge told the prosecution they had the option of retrying the case or dropping the case entirely, which they chose.
Fink said at the time that a hearing would be scheduled to determine whether the case would be dismissed, meaning it could not go to court.
According to 9 KGUN, state prosecutors have said they will not seek a new trial, but have filed a motion with the court to dismiss the case, meaning the state could retry the case if new evidence comes to light.
“The State’s motion to dismiss unconditionally is DENIED. In the interest of justice, the lawsuit is ORDERED unconditionally dismissed,” Judge Fink said.
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