The criminal case against George Alan Kelly, charged with second-degree murder for fatally shooting a migrant at his Arizona ranch, has ended in a mistrial, a judge declared Monday, leaving his defense team optimistic. .
Jurors had been deliberating since last Thursday, culminating a four-week trial, and one holdout could not agree on a verdict. Now, it’s up to prosecutors whether they want to retry Kelly, 75, or drop charges against her.
Kelly’s attorney, Kathy Lowthorp, told NewsNation that Kelly is not likely to accept a plea deal and that prosecutors have “very little hope of being productive in a second trial.”
“He’s an innocent man,” Lowthorp said. “I believe I demonstrated that the state had no evidence and therefore was confident that he would be found innocent at trial.”
The defense wanted the jury to continue deliberations, but the judge decided to end the case. According to Kelly’s defense team, seven of the eight jurors wanted to vote not guilty, which, if true, could greatly influence the state’s decision on whether a second trial would be a good idea.
Outside court on Monday, after jurors failed to reach a unanimous decision after more than two full days of deliberation, Kelly, seen here, said “let me go home.”
Kelly leaves the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp after the first day of his trial on Friday, March 22, 2024.
Kelly, 75, was accused of killing Gabriel Cuen-Butimea on January 30, 2023, at his home in Nogales, near the border with Mexico.
Kelly’s defense attorney, Kathy Lowthorp (pictured outside court on Monday), said only one juror wanted to convict and seven wanted to acquit. The defense wanted the jury to continue deliberations, but the judge decided to end the case.
Gabriel Cuen-Butimea, 48, was shot and killed on January 30, 2023, while on Kelly land. He was wearing combat boots and carrying a radio, which the border patrol chief said suggested he was part of the cartel.
Kelly’s ranch in Nogales is just a stone’s throw from the border. Nogales is a known hot zone for drug smuggling, where the cartel is “particularly aggressive,” according to border agents.
Kelly is confident he will be acquitted if there is another trial: ‘They want ice water in you-know-where. And they don’t have it. So, it is what it is’
Prosecutors said Kelly, 75, fired the shot that killed Mexican migrant Gabriel Cuen-Buitimea, 48, on Jan. 30, 2023.
Prosecutors allege Kelly recklessly fired his AK-47 nine times at a group of immigrants 100 yards away who were invading his 170-acre cattle ranch near the U.S.-Mexico border.
The group, which included Cuen-Buitimea, was allegedly fleeing border patrol agents, according to law enforcement officials. At trial, prosecutors claimed that Kelly’s story to border patrol officers kept changing, first saying he returned fire at five people who were shooting at him, then saying it was a group of 10 to 15 people armed with style rifles. A.R., ABC News reported.
Kelly said he fired warning shots into the air to scare the group and never intended to hit, much less kill, anyone. The defense said authorities were lying about Kelly admitting to shooting several people.
“That wasn’t true, Alan never said that,” said Kelly’s other attorney, Brenna Larkin.
“The authorities didn’t listen and didn’t care, they already decided he was guilty.”
Kelly was charged with second-degree murder for killing Cuen-Buitimea, 48, who lived just south of the border. Pictured: Kelly listens to closing arguments on April 18.
Kelly has said he fired warning shots into the air, but did not shoot directly at anyone. Pictured: Kelly leaving the courthouse on March 22 with her attorney Kathy Lowthorp.
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards (90 meters) away on his cattle ranch.
County Attorney Michael Jette addresses jurors during closing arguments
Lowthorp said Kelly is “in good spirits” and has decided to retain her and Larkin once again if there is to be another trial.
Cuen-Buitimea, who was found with a bullet hole in his back at Kelly’s ranch, lived just south of the border in Nogales, Mexico. He had previously entered the United States illegally several times and was deported, the last time in 2016, court records show.
Kelly was also charged with aggravated assault against another person in the group who ended up on his property, including a man from Honduras who lived in Mexico and who testified during the trial that he had gone to the United States that day to look for work.
A second-degree murder conviction would have required a minimum prison sentence of 10 years, and next Monday, lawyers for both sides will meet with the judge to discuss whether a second trial is necessary or if the charges should be dismissed.