A judge has declared a mistrial in the criminal case against 75-year-old Arizona rancher George Alan Kelly, accused of fatally shooting a migrant on his property near the U.S.-Mexico border, the court confirmed Monday night.
Jurors had been deliberating since Thursday afternoon.
Kelly was charged with second-degree murder and aggravated assault in the Jan. 30, 2023, fatal shooting of Gabriel Cuen-Buitimea, 48, a migrant who lived across the border in Nogales, Mexico. He had pleaded not guilty.
Law enforcement officials said Cuen-Buitimea was traveling with a group of migrants who ran when they saw border patrol agents in the area. Cuen-Buitimea and another migrant were allegedly heading back to the southern side of the border when they passed through Kelly’s cattle ranch.
It’s then that prosecutors alleged Kelly recklessly fired his AK-47 from a distance of about 115 yards, fatally striking Cuen-Buitimea in the back.
During the trial, prosecutors pointed out inconsistent statements Kelly made to law enforcement officials throughout the investigation.
