Judge declares mistrial in Nogales rancher murder case
Jurors in the murder case against a Nogales-area rancher accused of killing an unarmed migrant on his property were unable to reach a unanimous verdict and remained deadlocked on the charges.
After more than 15 hours of deliberation, Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial just after 4:30 p.m. The court scheduled a status meeting for 1:30 p.m. April 29 to allow the Santa Cruz County Attorney's Office to decide if it wants to retry the case.
"They won't wear me down," rancher George Alan Kelly told reporters after the mistrial was declared.
The trial centered on the Jan. 30, 2023, death of Mexican migrant Gabriel Cuen Buitimea, who was found shot after Kelly fired warning shots into the air, his defense attorney said.
Kelly faced a second-degree murder charge in Buitimea's death, and a charge of aggravated assault with a deadly weapon for putting another man, Daniel Ramirez, in danger. Ramirez had been traveling with Buitimea looking for work in the U.S. Buitimea’s body was found 115 yards, a football field away, from Kelly’s house hours after the shooting incident.
Attorneys and the judge discussing which instructions to pass on to the jury noted the jurors looked tired and frustrated earlier that day when they told the judge they were at an impasse.
Kelly’s defense attorneys called it a victory and the second-best outcome. One of his two attorneys, Texas attorney Kathy Lowthorp, said the trial is the longest she has had in her 24 years of practice. She said she will represent Kelly if the case goes to trial again. She called the disclosure requirements in Arizona “mind-boggling.”
“Here you disclose everything and depositions,” Lowthorp said. “It’s just like you tried the case a few times before you get to an actual trial with a jury. That is just mind-boggling to me.”
On Monday, Kelly's wife sat in the front row of the courtroom clutching a plush cat stuffed animal as she awaited the verdict.
What to know: Jury deadlocked in Nogales rancher murder trial
After the verdict Wanda Kelly said she has felt like she has been in suspense for the last year.
“I feel like I've been in suspension for 15 months, and I'm getting nowhere, and I'm still on that treadmill. We have to wait a little longer,” said Wanda Kelly, Kelly’s wife, after the mistrial was declared.
Kelly said he wasn't worried about himself as much as his wife, noting this trial has been challenging for her. He and his wife are stubborn, Kelly said, and they will not give up.
"They want ice water in you-know-where. And they ain't got it. So, it is what it is. ... They won't wear me down," Kelly said about the mistrial and potentially having a retrial.
Prosecution led by the Santa Cruz County Attorney's Office argued that Kelly, armed with an AK-47 semiautomatic assault rifle, opened fire on two unarmed men. The defense argued Kelly's testimony was changed by law enforcement and that the investigation into the shooting was biased.
Kelly’s defense attorney alleged that Kelly saw a group of armed migrants and shot up in the air as a warning. Prosecutors said Kelly shot Buitimea with a barrage of bullets. Although spent casings were found near the property, no bullet was ever retrieved.
Last year, Ramirez, the prosecution’s key witness, gave a dramatic testimony during a preliminary hearing in February, when he reenacted how he said he saw Kelly shoot and kill Buitimea. It was later revealed that he had previously pleaded guilty to smuggling cannabis across the Arizona-Mexico border in 2015.
Prosecution and defense told different stories of the shooting
Buitimea and Ramirez had been in the U.S. looking for work. Both were in the country illegally and were seeking to escape extreme poverty. They were running south toward Mexico on that fateful day in January, trying to evade U.S. Border Patrol agents when Buitimea was shot and killed.
The defense said Kelly's property is located in a "high-traffic area" with the presence of "rip crews," or groups of people who engage in criminal activity who rob and kidnap migrants, steal drugs, and engage in violence.
The County Attorney's Office argued there was no evidence of drug packs, robbery or theft. Investigators also found no suggestion of a struggle or dragging. Additionally, during the trial, one Border Patrol agent said there had been no evidence of rip crews or AR-15 rifles found in the area over the past 10 years.
The County Attorney's Office also pointed out holes in Kelly's story, including the fact that if he was shot at at his home, why was there was no damage to the house?
In the hours after the shooting, prosecution said Kelly's story changed. Kelly originally told law enforcement he was being shot at and he was shooting back. In another phone call, he told law enforcement he had an altercation with someone and heard a gunshot in his direction. However, Kelly's wife, who was in the house during the incident, said she did not hear the shot.
Kelly's defense attributed his "omissions" to him being in a state of fear and agitation, with increased adrenaline and excitement.
Reach the reporter at sarah.lapidus@gannett.com. The Republic’s coverage of southern Arizona is funded, in part, with a grant from Report for America. Support Arizona news coverage with a tax-deductible donation at supportjournalism.azcentral.com.
This article originally appeared on Arizona Republic: George Alan Kelly trial: Mistrial declared in rancher murder case
