XPost: or.politics, misc.immigration.usa, alt.fan.rush-limbaugh   
   XPost: talk.politics.guns   
   From: ted_x5@yahoo.com   
      
   PHOENIX (AP) — Prosecutors said Monday they will not retry an Arizona   
   rancher whose trial in the fatal shooting of a Mexican man on his   
   property ended last week with a deadlocked jury.   
      
   The jurors in the trial of George Alan Kelly were unable to reach a   
   unanimous decision on a verdict after more than two days of   
   deliberation. Santa Cruz County Superior Court Judge Thomas Fink   
   declared a mistrial on April 22.   
      
   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 Fink Monday.   
      
   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.   
      
   Kelly’s defense attorney Brenna Larkin told the judge that she would   
   file a request that the case be dismissed with prejudice.   
      
   Larkin did not immediately return a request for comment sent by email   
   after the ruling.   
      
   When a reporter from the Tucson TV station KGUN asked for Kelly’s   
   reaction outside the courthouse, he said he felt “relief.”   
      
   “The nightmare’s over,” Kelly added, saying that the victim’s family   
   “has my sincere sympathy.”   
      
   Kelly was trailed by protesters demonstrating on behalf of 48-year-old   
   Gabriel Cuen-Buitimea, who was fatally shot on Jan. 30, 2023.   
      
   “Gabriel was a human being,” said one sign carried by protesters.   
      
   “Someone walking 100 yards (91.44 meters) away is not a threat,” read   
   another, which called for a retrial.   
      
   The 75-year-old Kelly had been on trial for nearly a month in Nogales, a   
   city on the border with Mexico. The rancher had been charged with   
   second-degree murder in the killing outside Nogales, Arizona.   
      
   Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He   
   was in a group of men that Kelly encountered that day on his cattle   
   ranch. His two adult daughters, along with Mexican consular officials,   
   met with prosecutors last week to learn about the implications of a   
   mistrial.   
      
   The Mexican Consulate in Nogales, Arizona, said it would have a   
   statement later in the day.   
      
   Prosecutors had said Kelly recklessly fired nine shots from an AK-47   
   rifle toward a group of men on his cattle ranch, including   
   Cuen-Buitimea, about 100 yards (90 meters) away. Kelly has said he fired   
   warning shots in the air, but argued he didn’t shoot directly at anyone.   
      
   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.   
      
   https://www.koin.com/news/national/ap-prosecutors-say-they-will-   
   ot-retry-an-arizona-rancher-accused-of-murder-near-the-us-mexico-border/   
      
   It's time to put the prosecutor who preferred the charges on trial.  He   
   gets 10 minutes to tell his side of the story before he hangs from a cactus.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)