An Arizona judge declared a mistrial in the case of a 75-year-old rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. The decision came after jurors failed to reach a unanimous decision following more than two full days of deliberation in the trial.
The rancher, George Alan Kelly, was charged with second-degree murder in the shooting of 48-year-old Gabriel Cuen-Buitimea on January 30, 2023. Prosecutors alleged that Kelly recklessly fired shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards away on his cattle ranch. Kelly maintained that he fired warning shots in the air and did not shoot directly at anyone.
After the mistrial declaration, the Santa Cruz County Attorney’s Office has the option to retry Kelly for any charge or drop the case altogether. A status hearing is scheduled for the following Monday, where prosecutors may decide whether to refile the case.
The trial included a visit to Kelly’s ranch and a section of the border, with Superior Court Judge Thomas Fink denying media requests to accompany the jurors. Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, expressed a desire for a fair outcome and stated that Mexico would continue to support Cuen-Buitimea’s family in seeking justice.
Kelly's defense attorney did not immediately respond to requests for comment after the mistrial was declared. Kelly had previously rejected an agreement with prosecutors that would have reduced the charge to negligent homicide if he pleaded guilty.
In addition to the second-degree murder charge, Kelly was also accused of aggravated assault against another person in the group. The trial took place amid heightened interest in border security during a presidential election year.
Jurors were instructed by Judge Fink that if they could not reach a verdict on second-degree murder, they could consider a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide. A second-degree murder conviction would have carried a minimum prison sentence of 10 years.
The jury deliberated for several days before the mistrial was declared, leaving the possibility of a retrial or resolution of the case in the hands of the Santa Cruz County Attorney’s Office.
