Did Andrew George Kelly, Arizona rancher get away with murder of illegal immigrant, Gabriel Cuen-Buitimea? Prosecution not to seek re-trial in fatal shooting of Mexican migrant crossing private land in bid to illegally enter the United States.
What if the trial wasn’t taking place in an election year…? An Arizona rancher who was charged with the shooting murder of a Mexican national crossing his land last year will not have to face a re-trial after a mis-trial was declared last week after a jury failing to overwhelmingly convict.
Andrew George Kelly, 75, was charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea. During a highly publicized trial amid the recent deluge of illegal migrants into the United States, sentiments were frayed amid ongoing disconcert with the influx which has led to many U.S cities over-run with a mostly law abiding collective, but nevertheless an unknown quotient (and sometimes criminal element) who now needed to be housed, clothed and fed – at the greater expense of the public.
Prosecutors decide against re-trial
In that backdrop, prosecutors on Monday announced that they would not seek a re-trial in the case of Kelly. The decision not to push forward with the rancher’s case came a week after a mistrial was declared. A lone juror was reportedly the reason for the mistrial.
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly – or to drop the case.
‘Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,’ Deputy County Attorney Kimberly Hunley told Santa Cruz County Superior Court Judge Thomas Fink on Monday, FOX10 reported.
Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn’t be brought back to court.
During the trial, Prosecutor Mike Jette said Kelly ‘recklessly’ fired nine shots from an AK-47 rifle toward a group of migrants crossing his land, including at an unarmed Cuen-Buitimea, about 100 yards (90 meters) away on his property.
Was it a case of self-defense? Or is shooting at an ‘intruder – fair game?’
Kelly’s defense claimed he thought was being besieged by armed traffickers — a fear they say was validated after watching other people carrying rifles pass through his property in the past — and that he shot over their heads in self-defense.
Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone, explaining that he feared for his safety and that of his wife and property. Kelly stressed living in constant fear and was desperate to protect his wife after multiple incidents.
Nevertheless prosecutors decided to charge Kelly in a case that drew wide rebuke from the public, with many Americans arguing the rancher had ‘every right to protect himself,’ from an intruder.
Read one sign outside the courthouse where Kelly’s trial was taking place, ‘Someone walking 100 yards away is not a threat. Retrial for Kelly.’
Read another sign, ‘Retrial, Gabriels murder is a hate crime.’
AZ: Protesters were there today demanding justice in the death of 48-year-old Gabriel Cuen-Buitimea—Calling for a retrial. The prosecution opting not to retry the case against 75-year-old George Alan Kelly. pic.twitter.com/ikliBQiFSW
— Ali Bradley (@AliBradleyTV) April 29, 2024
Was rancher under legitimate threat at time of shooting?
Opposing views posted on X included, ‘He was only doing what our border patrol and natl. guard should have been doing everyday.’
‘It’s his land. This is Arizona. He has the right to protect himself, his family and his land from illegal aliens.’
Wrote another, ‘Every invader should be met with such a welcome.’
The question perhaps that ought to be asked, was Kelly or his family on the day of the shooting, legitimately being threatened or targeted by the men crossing his land in a bid to (unlawfully) enter the U.S?
Jette said Cuen-Buitimea suffered three broken ribs and a severed aorta. His 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.
The other migrants on Kelly’s ranch in 2023 weren’t injured and managed to escape back to Mexico.
The trial started March 22 and included jurors visiting Kelly’s nearly 170-acre cattle ranch in Nogales, Arizona.
Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
Court records show Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016 according to NewsNation.
