Mistrial declared in case of Arizona rancher accused of fatally shooting Mexican migrant near border

An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation in trial of George Alan Kelly, 75, who was charged with second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea.

“Based upon the jury’s inability to reach a verdict on any count,” Superior Court Judge Thomas Fink said, “This case is in mistrial.”

The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.

A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.

Kelly was charged with second-degree murder in killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.