XPost: misc.immigration.usa, alt.fan.rush-limbaugh, talk.politics.guns   
   XPost: sac.politics   
   From: american@life.com   
      
   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.   
      
   According to prosecutors, Kelly initially told Jeremy Marcel -- a border   
   patrol agent who worked as a ranch liaison -- he was returning fire after   
   being shot at by a group of five armed individuals who were wearing packs   
   and running southbound.   
      
   Prosecutors claimed Kelly at first failed to tell law enforcement agents   
   he shot his weapon. Prosecutors said his story changed minutes later when   
   he told law enforcement officials it was a group of about 10-15 people   
   armed with AR-style rifles.   
      
   Authorities say Cuen-Buitimea was unarmed and they were unable to find   
   evidence that another weapon had been fired.   
      
   "When you see two unarmed migrants walking southbound beyond two fence   
   lines and you take your AK-47, you walk out and don't say a word, point it   
   at them and you shoot, would that be what a reasonable person would do in   
   that situation?" prosecutor Mike Jette asked the jury during his closing   
   arguments. "The answer has to be no."   
      
   Kelly's lawyers tried to poke holes in the prosecutor's account of the   
   incident and accused law enforcement officials of failing to follow other   
   leads that would have cleared their client of any wrongdoing. They also   
   accused law enforcement of falsely claiming that Kelly admitted to   
   shooting at multiple people.   
      
   "That was not true, Alan never said that. Law enforcement wasn't listening   
   and they didn't care, they already decided that he was guilty," said   
   defense attorney Brenna Larkin.   
      
   The defense claimed Kelly was protecting himself and his wife and only   
   fired warning shots several yards above the group.   
      
   Authorities were not able to find the bullet that struck Cuen-Buitimea.   
   The defense claimed he was shot by another person in the group.   
      
   Lead detective Jorge Ainza testified during the trial and told Kelly's   
   attorneys he believed Kelly shot at Cuen-Buitimea.   
      
   "There is no other shot involved in this. The victim sustained a serious   
   injury from a high-powered rifle, an AK-47 rifle with a trajectory   
   directly from Mr. Kelly's residence," he said.   
      
   During the trial, jurors visited Kelly's ranch. Investigators said they   
   found a total of 9 shell casings outside of his home that fit the pattern   
   of shots fired in Cuen-Buitimea's direction.   
      
   Jurors also heard testimony from Daniel Ramirez, a migrant who said he was   
   with Cuen-Buitimea who he claimed grabbed his chest and said, "I'm hit"   
   before dying.   
      
   Ramirez testified that they were being smuggled into the United States and   
   were not trafficking drugs. Ramirez admitted to smuggling marijuana on one   
   previous occasion to reduce the fee he owed smugglers to get him across   
   the border.   
      
   Kelly was charged with aggravated assault against Ramirez.   
      
   Prosecutors also showed jurors text messages allegedly sent by Kelly,   
   which prosecution claimed showed his state of mind in the weeks before the   
   shooting.   
      
   "OVERUN WITH DRUG CARTEL. AK GTN A LOT OF WORK," one text message read.   
      
   Court documents obtained by ABC News showed another text message exchange   
   between Kelly and a friend on Nov. 23, 2022. The friend asked Kelly what   
   his plans were for Thanksgiving.   
      
   "PATROLN THE BORDER 4 U NORTHENRS!" Kelly said.   
      
   "Shoot straight," the friend replied.   
      
   "OR SHOOT MANY ROUNDS!" Kelly responded.   
      
   https://abcnews.go.com/US/judge-declares-mistrial-case-arizona-rancher-   
   accused-killing/story?id=109404102   
      
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