Jurors to decide fate of Nogales rancher accused of killing migrant on his land

NOGALES — Jury deliberations were underway in the trial of a rancher accused of killing an unarmed Mexican migrant crossing his land near the U.S.-Mexico border.

Illegal immigration continues to be a flashpoint in national politics, and the trial has gained national attention.

Rancher George Alan Kelly, 75, faces one count of second-degree murder in the death of Gabriel Cuen Buitimea and one count of aggravated assault with a deadly weapon after being accused of putting another man, Daniel Ramirez, in danger as they were crossing his 170-acre spread near the international border.

Kelly looked solemn on Thursday morning as he walked to the defense table before attorneys began their closing arguments.

The courtroom gallery was filled with representatives from the Mexican consulate general in Nogales, Buitimea's family, local residents and out-of-state visitors.

Prosecutor: 'An AK-47 is a serious weapon'

The prosecutor said 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 Jan. 30, 2023, trying to evade U.S. Border Patrol agents. Kelly is accused of shooting at them nine times with an AK-47 semiautomatic assault rifle, without a warning or yelling at them to leave his property.

"Kelly caused Gabriel's death by conduct Kelly knew would cause the death or serious physical injury. An AK-47 is a serious weapon ... you fire it nine times at a human being. It's a serious activity,” said Michael Jette, deputy Santa Cruz County attorney.

Kelly’s defense team told a different story, saying Kelly saw five armed men crossing his property and fired warning shots up in the air.

However, Jette reiterated numerous times that law enforcement officers found no evidence of any rifles, backpacks or signs of a large group of five people having crossed Kelly's property.

An area with high foot traffic and drug smuggling

Witnesses during the trial testified that residents in the area of Kelly’s ranch, in Kino Springs, had been seeing more frequent dangerous activity leading up to the day of the shooting. Small family groups that had previously been seen migrating across the border were replaced with large groups of men carrying weapons.

Defense attorney Brenna Larkin said Kelly often received messages from the Border Patrol of large groups potentially carrying narcotics on his property, adding to his increasing level of fear of living on his land.

“This is what's going on in Mr. Kelly's life during the lead-up to this incident on January 30th,” Larkin said.

Defense: 'Confirmation bias is a big thing'

Jette alleged details of Kelly’s story changed about what occurred on his ranch, including how many people were seen crossing his property, whether they were armed or unarmed, if he was fired on, or if he shot his firearm.

Kelly reportedly first told law enforcement there were five people with packs running south, and 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.

Larkin contended the investigation into the case was biased, important details were missed, and law enforcement changed Kelly’s testimony. She also said testimony was recorded incorrectly and noted how many of the interviews and phone calls were not recorded.

“Confirmation bias is a big thing that runs through this case,” Larkin said.

Many mistakes were made during the investigation, she said, and one involved a call with the Sheriff's Office dispatcher after Kelly found Buitimea’s body.

During this phone call, the dispatcher told Kelly he previously said he shot someone, but Kelly said he never made that statement.

“Imagine how must somebody feel knowing ‘I fired shots earlier; I know I didn't hit this person. Here's a dead body. Oh, I'm afraid to call this in, but I have to call it in,” she said. "And then when dispatch talks to him, dispatch says, 'You said you shot something' ... That is a terrifying mistake that dispatch made."

No bullet found; no time of death determined

Larkin said because no bullet was found, prosecutors couldn't prove which weapon was used to kill Buitimea.

Jette noted the ejection pattern of the AK-47, and the position of the wound and Buitimea's body, showed where the shot came from.

Larkin also said the medical examiner was unable to determine the time of death.

“This is a very significant fact in this case. What was the time of death?” she said. “Because if his body wasn't there when the Sheriff's Department searched this area, then Alan has nothing to do with this.”

Migrant's testimony under scrutiny

Ramirez, the man who was traveling with Buitimea and escaped after being shot at, was the key witness in the prosecutors' case against Kelly.

Larkin contended Ramirez's testimony had inconsistencies, including where the shooting took place and where the pair were in relation to the border.

“It means he wasn't there. It means he is telling a story … you can't be there and get it this wrong. It is not possible,” Larkin said.

However, Jette said many of Ramirez’s statements were consistent with him being at the scene, such as a red horse he had been near when shot, the type of gun that shot him, how many times he was shot and the direction he was heading toward when the shooting took place.

“Daniel’s the only one in this courtroom, on this hill and likely in the city of Nogales who's ever been shot at with an AK-47, nine times, and been next to a friend who just died. So maybe during his testimony, distance and time is a little skewed,” Jette said.

The jury began deliberating Thursday afternoon and was to return for deliberations on Friday.

Who is George Alan Kelly? What we know about the Nogales rancher accused of killing Mexican migrant

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: Jurors to decide fate of George Alan Kelly, accused in migrant's death