An Arizona judge declared a mistrial in the murder case of rancher George Alan Kelly, 75, who was accused of fatally shooting a migrant on his property near the U.S.-Mexico border.
Superior Court Judge Thomas Fink said the decision was made after jurors failed to reach a unanimous decision after two full days of deliberation.
Following the declaration, Kelly’s defense attorney Kathy Lowthorp revealed outside the courthouse to the media that there had only been one guilty juror in the group, which was why the defense team pushed for deliberations to continue.
“There was one hold out for guilty, the rest were not guilty. So seven not guilty, one guilty,” Lowthorp stated. “We believe in our gut that there was no way the state proved beyond a reasonable doubt.”
Kelly had faced second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico. Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
“It is what it is, and it will be what it will be. Let me go home, okay? That alright with y’all?” Kelly told reporters outside the courthouse following the mistrial. “I will keep fighting forever. I won’t stop.”
Judge Fink had told jurors that if they could not reach a verdict on the second-degree murder charge, they could try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide.
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.
Related:
Arizona Rancher Rejects Plea Deal in Death of Migrant
Arizona Border Rancher Accused of Killing Migrant, Now Held With $1 Million Bond
