An Arizona rancher charged with murder in the death of a Mexican man found shot to death on border property is scheduled to go to trial Thursday after several delays.
Jury selection in the State of Arizona v. George Alan Kelly case is scheduled to begin at 8:30 a.m. local time Thursday in Santa Cruz Superior Court, according to court records. The parties recently held a pretrial conference on Monday to consider jury instructions.
Kelly, who is in his 70s, was charged with second-degree murder and aggravated assault with a deadly weapon in connection with the shooting death of Gabriel Quen Buitimea, 48, of Nogales, Mexico, on January 30, 2023. ing. Law enforcement found the man, later identified as Buitimare, shot to death on Kelly’s property near the U.S.-Mexico border.
Kelly, who called 911 multiple times that day for help, made national headlines after he was charged with first-degree premeditated murder and held on $1 million bail for several weeks.
Border Patrol agent claims Arizona rancher George Alan Kelly was ‘deliberately vague’ in 911 call: Report
George Alan Kelly was charged with the murder of Gabriel Cuen-Buitimare, who lived in Nogales, Mexico. (Mark Henle/Arizona Republic, via AP)
This bail amount was upheld by Judge Emilio Velasquez. Kelly was eventually released and his most serious charge was downgraded to second-degree murder.
In January, Kelly rejected a plea deal offered by prosecutors that carried a maximum of eight years in prison. FOX10 Phoenix It was reported at the time.
Brenna Larkin, the rancher’s attorney, said in court documents that Kelly saw a group of men armed with AK-47 rifles, wearing camouflage and carrying large backpacks moving through the trees surrounding his home. He described in detail the circumstances that led to his discovery. The rancher claimed to have told his wife to stay inside her house and then went out onto the porch with her rifle.
That’s when the leader of the gunman saw Kelly and “pointed his AK-47 at Kelly,” Larkin wrote.
The defense claimed that Kelly then fired several “warning shots” into the air and saw a group of men run toward the desert.
Kelly called the Border Patrol’s ranch liaison, which is tasked with assisting people living in border areas, and reported what had happened.
A few hours later, the rancher went to check on his horses around sunset and found the man’s body on the property, so he called law enforcement again, the defense argued.
Prosecutors have given a different explanation of the incident. The state alleges that when Mr. Buitimare was attacked and killed, Mr. Kelly recklessly fired an AK-200 from about 100 yards away at a group of unarmed immigrants who were walking on his 170-acre ranch in the Keno Springs area. He claimed to have fired a .47 rifle.
George Alan Kelly, 73, is accused of fatally shooting a Mexican man on his property in January 2023. Kelly said he fired warning shots, but he never fired directly at anyone. (Santa Cruz County Sheriff’s Office, via Associated Press)
Arizona rancher’s defense contrasts with Alec Baldwin case, suggests drug traffickers buy testimony
Larkin said last year that authorities “jumped the gun” in moving forward with the premeditated first-degree murder charge without conducting a thorough investigation, including forensics, ballistics, autopsy results, cell phone forensics, fingerprints and DNA. ” he said in court.
The public defender, who is accused of mishandling the investigation, said authorities had “lit a match on a very intense political powder keg” and “as expected, there was an explosion.”
Larkin argued that the state’s case relied heavily on the testimony of two alleged witnesses who came forward after the investigation was “tainted by publicity.”
“There is a huge incentive structure for people to come forward and claim to be witnesses. Mr. Larkin may want to blame Mr. Kelly for what happened.” Mr. Larkin said.
George Alan Kelly, 73, will appear for a preliminary hearing on February 22, 2023. (Santa Cruz County Court)
“Testimony is bought and sold by drug traffickers just as drugs and people are bought and sold,” she added. “This is a valuable commodity that traffickers are using to get what they want. In this case, the profit they are making is the security of the smuggling route through Mr. Kelly’s property, and they are using it to get what they want. is sending a message to someone else defending their property that if you defend your property against us, you will be arrested and we will have witnesses against you. . ”
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According to U.S. court records, Buitimare has been convicted of illegal entry and has been deported to Mexico several times, most recently in 2016, the Associated Press previously reported.
Fox News Digital reached out to Larkin and the Santa Cruz County District Attorney’s Office Wednesday for additional comment.
Jury selection is expected to occur by Friday, with opening statements scheduled for Tuesday in the trial, which is expected to last three weeks.
