Prosecutors say they will not retry an Arizona rancher accused of fatal migrant shooting
Prosecutors dismissed their case Monday against an Arizona rancher accused of fatally shooting a Mexican national last year near the U.S.-Mexico border.
George Alan Kelly faced two charges of second-degree murder and aggravated assault with a deadly weapon. Santa Cruz County prosecutors said on January 30, 2023, Kelly fired his AK47 rifle and killed Gabriel Cuel Butimea — a 48-year-old man from Nogales, Sonora, who had been crossing Kelly’s property with other migrants that day. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.
The monthlong trial ended in a hung jury after three days of deliberation last week. After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case.
In a recording of Monday's hearing, Deputy County Attorney Kimberly Hunley told the court they were dismissing the case.
"Your honor, because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a retrial," she said in court.
Superior Court Judge Thomas Fink told the court a new hearing would be set to determine whether the case would be dismissed without prejudice — which would allow prosecutors to bring the case again with new evidence. The attorney's office did not immediately respond to a request for comment.
The trial coincided with a presidential election year that has drawn widespread interest in border security. During it, court officials took jurors to Kelly’s ranch as well as a section of the U.S.-Mexico border.
Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
Kelly was also accused of aggravated assault of another person in the group of about eight people.
