Migrant Fatally Shot: Arizona Rancher’s Case Declared Mistrial by Judge

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On Monday, a judge in Arizona declared a mistrial in the case of a rancher who was charged with the death of a Mexican man on his land near the border between the United States and Mexico.

75-year-old George Alan Kelly was accused of second-degree murder for the shooting of 48-year-old Gabriel Cuen-Buitimea on January 30, 2023. Cuen-Buitimea, who resided in Nogales, Mexico.

According to prosecutors, Kelly carelessly discharged nine rounds from an AK-47 rifle in the direction of a group of men, including Cuen-Buitimea, who were approximately 100 yards (90 meters) away on his ranch.

According to Kelly, he discharged shots into the air as a warning, but he did not aim at anyone directly.

Jurors were accompanied by court officials on a visit to Kelly’s ranch and a specific area of the border. Despite requests from the news media, Superior Court Judge Thomas Fink declined to allow them to join.

Kelly had previously declined an offer from the prosecutors that would have decreased the charge to negligent homicide if he admitted guilt.

Accompanying Cuen-Buitimea was a group of approximately eight individuals, including a man from Honduras. Daniel Ramirez testified during the trial that he had crossed into the U.S. in search of employment. All the other migrants were unharmed and successfully returned to Mexico. Ramirez admitted to smuggling marijuana on one previous occasion to reduce the fee he owed smugglers to get him across the border. Kelly was charged with aggravated assault against Ramirez.

According to court records, Cuen-Buitimea had previously been deported from the U.S. multiple times for illegal entry, with the most recent occurring in 2016.

The judge had told jurors that if they could not reach a verdict on the second-degree murder charge, they could try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide. A second-degree murder conviction would have brought a minimum prison sentence of 10 years.

The trial lasted for almost a month, and comes at a time when the country is dealing with a significant concern over border security.

The jury began deliberating April 18. After days of being unable to reach a verdict, the judge overseeing the trial declared a mistrial on Monday.