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The trial for an Arizona cattle rancher who faced murder charges after being accused of fatally shooting an illegal immigrant who trespassed on his private property has ended in a mistrial after a hung jury.
The mistrial coms after jurors were sent home over the weekend after failing to come to a verdict on Friday. Deliberations resumed on Monday, but again they failed to reach a verdict.
George Kelly, 75, was been charged with second-degree murder and aggravated assault over the killing of Gabriel Cuen-Buitimea, a 48-year-old illegal immigrant from Mexico. He faced a minimum of ten years in prison if he convicted on the murder charge.
The incident occurred on January 30, 2023, court records show.
Kelly was accused of firing nine shots toward a group of illegal immigrants after he spotted them about 100 yards away on his cattle ranch in Nogales near the US-Mexico border, which allegedly killed Cuen-Buitimea, prosecutors said.
Cuen-Buitimea had previously been deported in 2016 after he illegally entered the US on multiple occasions.
Kelly denied firing shots at the group of illegal immigrants and told police that he had fired multiple warning shots into the air but did not aim his firearm at anyone, court documents state.
The bullet that reportedly struck Cuen-Buitimea was never recovered, although investigators located nine shell casings on Kelly's porch, according to court records.
In her closing argument, defense attorney Brenna Larkin urged the jury to acquit Kelly, stating that he "was in a life-or-death situation."
"He was confronted with a threat right outside his home," said Larkin. "He would have been absolutely justified to use deadly force, but he did not."
Prosecutor Mike Jette urged the jury to find Kelly guilty of reckless manslaughter or negligent homicide if they forgo finding the defendant guilty of second-degree murder.
Kelly initially told Border Patrol agents that the illegal immigrants were too far away for him to see if they had guns, according to testimony given during the trial. However, he later told a county sheriff's detective that they had been running with firearms.
Wanda, Kelly's wife, testified that she had seen two guys passing by the ranch house on the day of the shooting, both of them carrying weapons and backpacks. She denied hearing a gunshot on that day, but her husband claimed to have heard one.
Jurors visited Kelly's almost 170-acre cattle ranch south of Nogales as part of the trial, which began on March 22.
A judge ordered the jury to resume deliberations on Friday after receiving the case on Thursday, per the outlet.
The incident comes as the United States faces an unprecedented crisis at the US southern border, with more than 7.2 million illegal immigrants entering the US since President Biden took office in 2021.
The mistrial coms after jurors were sent home over the weekend after failing to come to a verdict on Friday. Deliberations resumed on Monday, but again they failed to reach a verdict.
George Kelly, 75, was been charged with second-degree murder and aggravated assault over the killing of Gabriel Cuen-Buitimea, a 48-year-old illegal immigrant from Mexico. He faced a minimum of ten years in prison if he convicted on the murder charge.
The incident occurred on January 30, 2023, court records show.
Kelly was accused of firing nine shots toward a group of illegal immigrants after he spotted them about 100 yards away on his cattle ranch in Nogales near the US-Mexico border, which allegedly killed Cuen-Buitimea, prosecutors said.
Cuen-Buitimea had previously been deported in 2016 after he illegally entered the US on multiple occasions.
Kelly denied firing shots at the group of illegal immigrants and told police that he had fired multiple warning shots into the air but did not aim his firearm at anyone, court documents state.
The bullet that reportedly struck Cuen-Buitimea was never recovered, although investigators located nine shell casings on Kelly's porch, according to court records.
In her closing argument, defense attorney Brenna Larkin urged the jury to acquit Kelly, stating that he "was in a life-or-death situation."
"He was confronted with a threat right outside his home," said Larkin. "He would have been absolutely justified to use deadly force, but he did not."
Prosecutor Mike Jette urged the jury to find Kelly guilty of reckless manslaughter or negligent homicide if they forgo finding the defendant guilty of second-degree murder.
Kelly initially told Border Patrol agents that the illegal immigrants were too far away for him to see if they had guns, according to testimony given during the trial. However, he later told a county sheriff's detective that they had been running with firearms.
Wanda, Kelly's wife, testified that she had seen two guys passing by the ranch house on the day of the shooting, both of them carrying weapons and backpacks. She denied hearing a gunshot on that day, but her husband claimed to have heard one.
Jurors visited Kelly's almost 170-acre cattle ranch south of Nogales as part of the trial, which began on March 22.
A judge ordered the jury to resume deliberations on Friday after receiving the case on Thursday, per the outlet.
The incident comes as the United States faces an unprecedented crisis at the US southern border, with more than 7.2 million illegal immigrants entering the US since President Biden took office in 2021.
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