ILL IMM Arizona Rancher Murder Trial: Critical Evidence *Never Recovered* - Prosecution Cannot Definitively Prove Kelly Fired the Fatal Shot/Update:No retrial

Macgyver

Has No Life - Lives on TB
I know we have a thread on this guy but I can't find it.


Arizona Rancher Murder Trial: Critical Evidence *Never Recovered* - Prosecution Cannot Definitively Prove Kelly Fired the Fatal Shot​


george-kelly-600x337.webp
Image of George Kelly from a GiveSendGo page started by his wife, Wanda Kelly
On January 30, 2023, Arizona rancher George Alan Kelly, 75, was arrested and charged with the murder of Gabriel Cuen-Buitimea. Cuen-Buitimea was crossing the border from his hometown of Nogales, Mexico, with a group of seven other illegal immigrants donning camouflage attire and rifles.

One of the illegal immigrants said the squad of armed men crossed the border into the United States to look for work but scattered after seeing Border Patrol agents. Shortly thereafter, Kelly became aware of the group.
He was making lunch when he heard a single gunshot and then noticed five of the men crossing through his 170-acre ranch along the southern border. Kelly claims he saw one of the men point their rifle at him when he went to his porch to investigate. Kelly responded by firing warning shots with his own rifle over the group’s heads.

Cuen-Buitimea was struck by a bullet that allegedly came from Kelly’s rifle. However, responding officers, including local police and US Border Patrol, did not initially find Cuen-Buitimea’s body when they investigated. It wasn’t until later when Kelly went to check on his horse, that the body was discovered.

Kelly had previously called the police several times that day to report a group of armed men trespassing through his property.
The trial began last week as the State in the Santa Cruz Superior Court as prosecutors seek a second-degree murder conviction after downgrading the charge from first-degree murder. However, on Friday, during the trial, a key piece of evidence was revealed to be missing: the bullet that killed Cuen-Buitimea was never recovered.

During the testimony of forensic scientist Rick Wyant, defense attorney Brenna Larkin asked, “So number one, you can’t prove who the shooter was, correct?” to which Wyant answered, “That’s correct.”
Tuscon’s 13 News published a video excerpt of this part of the testimony:
“You can’t prove which firearm caused this wound. Is that correct?” she asked.
“Caused the wound? Correct.”
“You can’t prove which type of ammunition caused this wound, correct?”

“That is true.”
“You can’t prove which bullet caused this wound, correct?”
“Also true.”
“Can’t prove which direction this shot came from, correct?”
“Correct.”
“And we can’t prove how far away this shot came from other than further than 6 feet away from this person, correct?”
ADVERTISEMENT
“Yes, true.”
Without a bullet, forensic experts cannot determine whether it was Kelly’s rifle that fired the fatal shot, which all but narrows this case down to the 75-year old American rancher’s word against that of the prosecution’s witness, 43-year old Daniel

Ramirez, an illegal immigrant from Honduras.
Ramirez testified on day three of the trial and admitted that he had previously smuggled drugs across the border, as reported by FOX News.

He also reported that he’d attempted to cross the border eight to ten times previously and had been deported multiple times during those efforts. He testified that it cost him $2,500, paid to human smugglers, each time he had crossed the border.

Kelly’s wife of 53 years, Wanda Kelly, set up a GiveSendGo for defense donations after “several” GoFundMe pages were taken down “because of the charges against him”, according to the Associated Press. So much for “innocent until proven guilty”.
The trial will resume tomorrow, April 2nd.
 
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Luddite

Veteran Member
Kelly responded by firing warning shots with his own rifle over the group’s heads.
There's ample material here for a class on what NOT to do.

Calling the police "several times that day" is an example of the mentality of a bygone era.

Eta: Just what were they shooting at?
The justice system charged him for bothering them. :)
 
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Macgyver

Has No Life - Lives on TB

NEW: Jurors Unable to Return Verdict in Murder Trial For Arizona Rancher George Alan Kelly


George Alan Kelly

A jury on Friday was deadlocked and unable to return a unanimous verdict in the murder trial for Arizona rancher George Alan Kelly.

George Kelly, the Arizona rancher who was arrested and charged with second-degree murder and aggravated assault for defending his wife and property from illegal invaders went on trial last month.

Kelly, 75, was arrested for killing Gabriel Cuen-Butimea, on his Arizona ranch in Kino Springs just outside of Nogales, Mexico on January 30, 2023.

According to reports, Gabriel Cuen-Butimea has a history of illegally crossing into the United States and multiple deportations.


According to the defense lawyers, Mr. Kelly fired warning shots after he saw a group of men dressed in camouflaged clothing point an AK-47 right at him.

George Alan Kelly was careful to shoot above their heads, the lawyers said.

The rancher later discovered the deceased illegal alien, who is likely a cartel smuggler, when he went to go check on his horse.

Kelly was initially charged with first-degree murder, but a judge recently downgraded his charge to second-degree murder during an evidentiary hearing in court.

Kelly’s defense attorney Brenna Larkin told jurors that her client “was in a life or death situation.”

Jurors deliberated on Thursday and were unable to reach a verdict. Deliberations continued on Friday and after more than 7 hours the jury sent a note to the judge and informed him they could not reach a verdict.

Jury deliberations will resume on Monday.

AZ Central reported:

A jury was unable to reach a verdict on Friday afternoon in the trial of a Nogales-area rancher charged with killing an unarmed migrant crossing his 170-acre property.

After more than seven hours of deliberation, the jury sent a note to Santa Cruz Superior Court Judge Thomas Fink saying jurors could not reach a unanimous verdict. The judge asked them to continue deliberating and offered for them to leave early Friday and return on Monday.

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.
 

jward

passin' thru

George Kelly trial: Mistrial declared for Arizona border rancher accused of killing migrant​




Breaking News

Updated April 22, 2024 4:48pm MST

PHOENIX - A mistrial has been declared in the trial of George Alan Kelly, an Arizona rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border.

This latest development came after Judge Thomas Fink sent jurors home for the weekend on April 19: jurors failed to reach a verdict on that day. Deliberations resumed on April 22.

The jury got the case after a nearly one-month trial in a presidential election year that has drawn widespread interest in border security. Some on the political right have supported the rancher as anti-migrant rhetoric and presidential campaigning heat up.

George Kelly: Mistrial declared in murder case​


There is a mistrial in the case of George Kelly, a rancher accused of killing a migrant on his land in Southern Arizona.

Kelly, 75, was charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea.

Cuen-Buitimea, 48, lived just south of the border in Nogales, Mexico. Court records show Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016.

Prosecutor Mike Jette 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 property.

Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone.

Jette said Cuen-Buitimea suffered three broken ribs and a severed aorta. His unarmed body was found 115 yards (105 meters) away from Kelly’s ranch house.

Although investigators found nine spent bullet casings from Kelly’s AK-47 on the home’s patio, the bullet that killed Cuen-Buitimea was never recovered.
 

Macgyver

Has No Life - Lives on TB

BREAKING: Judge Declares Mistrial After Jury Unable to Reach Unanimous Verdict in Murder Trial for Arizona Rancher George Alan Kelly


George Alan Kelly

A judge on Monday declared a mistrial after an Arizona jury was unable to reach a unanimous verdict in the murder trial for Arizona rancher George Alan Kelly.

Jurors deliberated last Thursday and were unable to reach a verdict. Deliberations continued on Friday and after more than 7 hours the jury sent a note to the judge and informed him they could not reach a verdict.

Before the jury resumed deliberations on Monday, George Kelly told News Nation’s Ali Bradley that he is confident he is going home for good after today.

“I’m goin’ home today… For good,” he said as he walked into court in Satna Cruz County.


The parties will reconvene in a status hearing to discuss next steps on Monday.

AZ Central reported:

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, the judge declared a mistrial just after 4:30 p.m.

The trial centered on the Jan. 30 death of Mexican migrant Gabriel Cuen Buitimea who was found shot after rancher George Alan Kelly fired warning shots into the air, alleged his defense attorney.

George Kelly, the Arizona rancher who was arrested and charged with second-degree murder and aggravated assault for defending his wife and property from illegal invaders went on trial last month.

Kelly faced a second-degree murder charge for Buitimea’s death, and an 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, 75, was arrested for killing Gabriel Cuen-Butimea, on his Arizona ranch in Kino Springs just outside of Nogales, Mexico on January 30, 2023.

According to reports, Gabriel Cuen-Butimea has a history of illegally crossing into the United States and multiple deportations.


According to the defense lawyers, Mr. Kelly fired warning shots after he saw a group of men dressed in camouflaged clothing point an AK-47 right at him.

George Alan Kelly was careful to shoot above their heads, the lawyers said.

The rancher later discovered the deceased illegal alien, who is likely a cartel smuggler, when he went to go check on his horse.

Kelly was initially charged with first-degree murder, but a judge recently downgraded his charge to second-degree murder during an evidentiary hearing in court.

Kelly’s defense attorney Brenna Larkin told jurors that her client “was in a life or death situation.”
 

Macgyver

Has No Life - Lives on TB

Macgyver

Has No Life - Lives on TB

BREAKING: State Prosecutors Won't Retry Arizona Rancher George Kelly... "The Nightmare is Over" (VIDEO)​

State prosecutors on Monday said they will not retry Arizona rancher George Kelly after a judge declared a mistrial following a hung jury.

Judge Thomas Fink last Monday declared a mistrial after an Arizona jury was unable to reach a unanimous verdict in the murder trial for Arizona rancher George Alan Kelly.
Jurors deliberated a couple of weeks ago and were unable to reach a verdict. Deliberations continued pn the following Friday and after more than 7 hours the jury sent a note to the judge and informed him they could not reach a verdict.
Far-left protestors posted up outside of the court in Nogales demanded a retrial.


Reporters caught up with George Kelly as he walked out of court.
“The nightmare is over,” George Kelly told reporters.

A reporter asked George Kelly if he’s worried protestors will show up to his house and he responded, “God will look after me like He always has…”
WATCH:

Kelly, 75, was arrested for killing Gabriel Cuen-Butimea, on his Arizona ranch in Kino Springs just outside of Nogales, Mexico on January 30, 2023.

According to reports, Gabriel Cuen-Butimea has a history of illegally crossing into the United States and multiple deportations.
According to the defense lawyers, Mr. Kelly fired warning shots after he saw a group of men dressed in camouflaged clothing point an AK-47 right at him.

The rancher later discovered the deceased illegal alien, who is likely a cartel smuggler, when he went to go check on his horse.
The bullet that killed Gabriel Cuen-Butimea was never recovered so authorities were never able to conduct a ballistics test to see if it matched George Kelly’s AK-47.
Kelly’s defense attorneys argued cartel bandits shot and killed Gabriel Cuen-Butimea and robbed him.

Will Biden’s corrupt Justice Department come after George Kelly now that the Santa Cruz County Attorney decided not to pursue the case with a new trial?


Reporters caught up with George Kelly as he walked out of court.
“The nightmare is over,” George Kelly told reporters.

A reporter asked George Kelly if he’s worried protestors will show up to his house and he responded, “God will look after me like He always has…”
WATCH:

Kelly, 75, was arrested for killing Gabriel Cuen-Butimea, on his Arizona ranch in Kino Springs just outside of Nogales, Mexico on January 30, 2023.

According to reports, Gabriel Cuen-Butimea has a history of illegally crossing into the United States and multiple deportations.
According to the defense lawyers, Mr. Kelly fired warning shots after he saw a group of men dressed in camouflaged clothing point an AK-47 right at him.

The rancher later discovered the deceased illegal alien, who is likely a cartel smuggler, when he went to go check on his horse.
The bullet that killed Gabriel Cuen-Butimea was never recovered so authorities were never able to conduct a ballistics test to see if it matched George Kelly’s AK-47.
Kelly’s defense attorneys argued cartel bandits shot and killed Gabriel Cuen-Butimea and robbed him.

Will Biden’s corrupt Justice Department come after George Kelly now that the Santa Cruz County Attorney decided not to pursue the case with a new trial?
 

Matt

Veteran Member
Quite a few lessons to be learned here... your Sheriff isn't on your side. Couldn't be bothered to help the land owner with the armed, uniformed rifle squad infiltrating on his land.... but somehow located the squad members to testify against the land owner in court...

Don't talk to the cops... should have left the body for a day or two so the coyotes could help. Should have never admitted to shooting... should have policed his brass...
 

paul bunyan

Frostbite Falls, Minnesota
A thought...
In the future, do some practice shooting in every direction the invaders may approach his property.
Load the countryside with spent bullets.
 

Cardinal

Chickministrator
_______________

Prosecutors will not retry Arizona rancher accused of murder in shooting of trespassing illegal immigrant​



A rancher who faced murder charges in Arizona for shooting an illegal immigrant who had trespassed onto his property near the southern border will not be retried after a mistrial ruled.


The jurors in the case of George Alan Kelly were not able to reach a decision about the verdict after deliberating for more than two days on the case, per the Associated Press.
On Monday, the prosecutors had the option to retry or drop the case. Santa Cruz County Superior Court Judge Thomas Fink dismissed the case as requested by the prosecution.

The 75-year-old was on trial for a month in Nogales on murder charges in the killing of 48-year-old Gabriel Cuen-Buitimea near Nogales, Arizona. The incident occurred during January 2023.

Cuen-Buitimea had previously been deported from the US in 2016 after entering the US on multiple occasions.

Prosecutors argued in the case that Kelly had recklessly fired nine shots from an AK-47 in the direction of a group of men who were trespassing on his cattle ranch. Kelly’s defense was that he fired warning shots in the air but did not aim at anyone.

A bullet reportedly hit Cuen-Buitimea but it was never recovered. 9 shell casings were found on Kelly's porch, according to court documents.

Earlier in the case, the prosecution offered a plea deal to reduce the charges down to a to a single count of negligent homicide, however, Kelly refused.

In the defense's closing arguments, attorney Brenna Larkin told the jury that Kelly "was confronted with a threat right outside his home."

"He would have been absolutely justified to use deadly force, but he did not," she added at the time. Kelly claimed to have heard another gunshot in testimony the day of the incident.
 

Papa

Senior Member
They should have never tried him anyway. Given the record and reputation of these illeagal invaders for theft and murder any one of them that an American citizen shoots for trespassing should be no big deal.
 

Publius

TB Fanatic
They should have never tried him anyway. Given the record and reputation of these illeagal invaders for theft and murder any one of them that an American citizen shoots for trespassing should be no big deal.

The problem is we have bad corrupt lawyers working for a bad corrupt government and not the people.
 
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