Rancher George Alan Kelly, accused of killing Mexican migrant on his property, can’t be retried for murder, judge rules

An Arizona rancher who allegedly shot and killed a Mexican migrant with an AK-47 as the man crossed his land cannot be re-tried for murder following his April mistrial, a judge has ruled.

Santa Cruz County Superior Court Judge Thomas Fink dismissed 75-year-old George Alan Kelly’s case with prejudice — meaning prosecutors can’t bring the charges again — in part because of Kelly’s advanced age, failing health and continuing “senility and memory loss,” according to the Arizona Republic.

“A re-filing of these charges at a future date would place the defense at a significant disadvantage,” Fink wrote in his order, adding that too much time had passed for retrial anyway.

Kelly allegedly shot nine times at victim Gabriel Cuen Buitimea and another man, Daniel Ramirez, as they fled across his 170-acre property on Jan. 30, 2023, in an attempt to elude US Border Patrol agents, the newspaper said.

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Defense attorneys denied this, saying the elderly rancher fired warning shots into the air after seeing what he believed to be five armed men crossing his land.

But state prosecutors — who charged Kelly with second-degree murder and another count of aggravated assault with a deadly weapon — said authorities found no evidence there were more than two men, or that they were armed.

“Kelly caused Gabriel’s death by conduct Kelly knew would cause the death or serious physical injury,” Michael Jette, deputy Santa Cruz County attorney, said during the trial. “An AK-47 is a serious weapon … you fire it nine times at a human being, it’s a serious activity.”

But authorities couldn’t find the bullet that fatally wounded Buitimea— meaning prosecutors couldn’t prove whether Kelly killed him, the Republic said.

“The more logical … reason for the jurors’ 7-1 vote for acquittal is that the State simply failed to persuade the jurors of the Defendant’s guilt,” the judge wrote in the order. “The evidence simply was not there.”

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The medical examiner also couldn’t determine the time of death.

“This is a very significant fact in this case. What was the time of death?” Kelly’s defense attorney, Brenna Larkin, said. “Because if his body wasn’t there when the Sheriff’s Department searched this area, then Alan has nothing to do with this.”

The four-week trial ended in a mistrial three months ago after one juror refused to acquit Kelly, the Republic said.

Both migrants were in the country illegally and looking for work in an attempt to escape poverty, according to the newspaper.

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The case became a political flashpoint as conservatives quickly claimed Kelly shouldn’t be prosecuted at all, according to the New Yorker . Kelly didn’t kill Buitimea, his defenders said — but it would have been justified if he did.

Kelly lives right near the Mexican border, a territory that trial witnesses said has long been used by migrant families entering the country illegally.

But lately, defense attorneys and witnesses said those families have been replaced by clusters of men carrying weapons — and sometimes drugs. This made Kelly scared to live on his own land.

“This is what’s going on in Mr. Kelly’s life during the lead-up to this incident on January 30th,” Larkin said.

In response, prosecutors said Kelly’s story changed several times — including critical details about what happened that day, how many people were crossing his property, whether they had guns, if they shot at him and he fired on them.

Kelly’s lawyer also accused the cops of being biased, claimed they changed her client’s statements and attacked the testimony of Buitimea’s compatriot, Daniel Ramirez, as inconsistent.

But prosecutors defended Ramirez’s perceived inconsistencies, saying he was “the only one in this courtroom, on this hill and likely in the city of Nogales who’s ever been shot at with an AK-47, nine times, and been next to a friend who just died.”

“So maybe during his testimony, distance and time is a little skewed.”

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