All charges have been dropped against 75-year-old Arizona rancher George Alan Kelly, who was charged after killing an illegal immigrant on his ranch in January of 2023.
The judge ruled that Kelly cannot be tried a second time after the jury reached a mistrial during his first trial.
A WIN FOR THE GOOD GUYS. Rancher George Alan Kelly, who killed migrant on his property, can't be re-tried for murder, judge rules. https://t.co/sVcQnpKsCJ
— Erik-Conservative In Cali 𝕏 (@caliucconserv) July 10, 2024
NEW: Judge dismisses case against George Alan Kelly *with prejudice—The case against the 75-year-old Arizona rancher cannot be tried again.
Judge Fink determining, “another jury would not convict the defendant based upon the same evidence. At best, another hung jury would… pic.twitter.com/RrKehve0kG
— Ali Bradley (@AliBradleyTV) July 10, 2024
Local news outlet KGUN Tuscon broke the news:
Santa Cruz County rancher George Alan Kelly will not face trial again for the second-degree murder of Mexican National Gabriel Cuen-Buitimea, at whom Kelly says he fired warning shots on his ranchland.
After the jury failed to reach a verdict back in April, prosecution said that the state would not seek a retrial for the killing, and motioned for the court to dismiss the case without prejudice—meaning, in the event that new evidence or testimony arises, the state could in fact re-try Kelly.
Primarily, prosecution argued that future media interviews by Kelly could produce new testimony or evidence, or that unknown witnesses could surface that would lead a jury to a conviction.
Daily Mail added:
The Arizona rancher who became the face of the border crisis when he was charged with killing a migrant on his land will not face trial again, a judge has ruled.
George Alan Kelly, 75, was charged with the killing of Gabriel Cuen-Buitimea, a Mexican national found dead on Kelly’s sprawling ranch in January 2023.
The case led to a mistrial in April when jurors failed to reach a verdict after one hold-out refused to acquit.
Santa Cruz County Superior Court Judge Thomas Fink denied the prosecution’s request to keep the case open on the possibility that new witnesses could appear on Tuesday.
‘The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant,’ Fink said in a decision obtained by KGUN 9.
A judge ruled the prosecution cannot retry the case against George Alan Kelly (pictured), 75, who was accused of shooting a migrant on his ranch
‘The interests of justice are not served by the dismissal without prejudice for case that cannot and will not be re-tried.
‘The State’s motion to dismiss without prejudice is denied. In the interests of justice the case is ordered dismissed with prejudice.’
After the trial, Deputy County Attorney Kimberly Hunley said the prosecution supported dismissing the case but wanted the option to retry it if circumstances change.
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