A mistrial was declared in the case against an Arizona farmer who was accused of using an AK-47 to shoot and kill a migrant who trespassed on his property near the Mexican border.
George Alan Kelly, 75, was charged with the second-degree murder of Gabriel Cuen-Buitimea. The 48-year-old victim resided in the Mexican border city of Nogales.
Defense Attorney Kathy Lowthorp told reporters outside the courthouse that seven jurors voted for acquittal, while one believed he was guilty. Deliberations began on Thursday and lasted for more than two days.
Law enforcement alleges that Cuen-Buitimea and other migrants were attempting to re-enter Mexico, when they spotted border patrol agents and fled. The victim and fellow migrant Daniel Ramirez entered Kelly's property while they were trying to leave the United States.
Prosecutors allege that Kelly shot the unarmed migrant in the back from 115 yards away. He then allegedly gave inconsistent answers to law enforcement officers who questioned him about Cuen-Buitimea's death.
"When you see two unarmed migrants walking southbound beyond two fence lines and you take your AK-47, you walk out and don't say a word, point it at them and you shoot, would that be what a reasonable person would do in that situation," prosecutor Mike Jette asked the jury. "The answer has to be no."
The prosecution also pointed to Kelly's text messages as proof of his attitude towards migrants. The suspect allegedly told friends that his AK-47 was getting "a lot of work" due to the presence of migrants in the area. He also allegedly sent messages where he said he planned to spend Thanksgiving "patroln [sic] the border."
"Shoot straight," the friend responded.
"OR SHOOT MANY ROUNDS!" Kelly said.
Kelly's attorneys claimed that he was acting in self defense and fired warning shots at the migrants - arguing that law enforcement failed to follow other leads. They also alleged that police incorrectly claimed that Kelly admitted to shooting at multiple migrants.
"That was not true, Alan never said that. Law enforcement wasn't listening and they didn't care, they already decided that he was guilty," attorney Brenna Larkin said.
Kelly's wife, Wanda, wrote that her husband was "accused of a serious crime, killing a Cartel member on our property and he is innocent," on the fundraising platform GiveSendGo. Ramirez denied that the men were moving drugs during his testimony, while admitting he had brought marijuana into the United States in the past. Kelly was also charged with aggravated assault against Ramirez.
