PHOENIX (AP) — Prosecutors announced Monday they will not retry an Arizona rancher. The trial ended last week with a deadlocked jury in the shooting death of a Mexican man on his property.
Jurors in the George Alan Kelly trial were unable to reach a unanimous verdict after more than two days of deliberations.Santa Cruz County Superior Court Judge Thomas Fink a mistrial was declared April 22nd.
After the mistrial, the Santa Cruz County Attorney’s Office had the option of retrying Kelly or dropping the case.
“Due to the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a new trial,” Deputy County Attorney Kimberly Hanley told Fink on Monday.
Mr. Fink agreed to dismiss the suit. He said a hearing will be scheduled at a later date to determine whether it will be dismissed with prejudice, in which case it cannot be brought back to court.
Kelly’s attorney, Brenna Larkin, said she plans to ask the judge to dismiss the case with prejudice.
Larkin did not immediately respond to an emailed request for comment after the verdict.
When a reporter came from Tucson TV station KGUN Asked outside court about his reaction, Mr Kelly said he was “relieved”.
Kelly added that “the nightmare is over” and said his “heartfelt sympathies” go to the victim’s family.
Kelly followed demonstrators demonstrating on behalf of 48-year-old Gabriel Quyen-Buitimare, who was shot and killed on January 30, 2023.
“Gabriel was human,” read a placard held by the demonstrators.
“A person walking 100 yards (91.44 meters) away is not a threat,” said another article calling for a retrial.
Kelly, 75, had been on trial for nearly a month in the Mexican border city of Nogales. The rancher had been charged with second-degree murder in a slaying outside Nogales, Arizona.
Kuen-Buytimea lived just south of the Mexican border in Nogales. He was among a group of men Kelly encountered at the ranch that day. His two adult daughters and Mexican consular officials met with prosecutors last week to learn the implications of the miscarriage of justice.
The Mexican Consulate General in Nogales, Arizona, said it would issue a statement the same day.
Prosecutors said Kelly recklessly fired nine shots. AK-47 rifle about 100 yards (90 meters) away toward a group of ranch men, including Quyen Bouytimea. Mr. Kelly said he fired warning shots into the air, but insisted he did not fire directly at anyone.
The trial coincided with a presidential election year that has drawn widespread attention to border security.At that time, court officials Kelly’s Ranch Jurors The same goes for parts of the U.S.-Mexico border.
Kelly had previously rejected the proposal. agreement with prosecutors If he pleads guilty, the charge would be reduced to one count of negligent homicide.
Kelly is also charged with aggravated assault of another person in the group of about eight people.
