Judge Rules Rancher George Alan Kelly Who Allegedly Killed Illegal Immigrant on His Property Can’t be Retried for Murder

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Arizona rancher George Alan Kelly, 75, will not face a retrial for the alleged killing of Gabriel Cuen-Buitimea, a Mexican national found dead on the elder’s property in January 2023.

The New York Post reported that Santa Cruz County Superior Court Judge Thomas Fink made the decisive ruling on Tuesday, denying the prosecution’s request to keep the case open.

Kelly’s case sparked an intense debate over border security and property rights.

It initially ended in a mistrial in April when jurors failed to reach a verdict, Resist the Mainstream previously reported.

One holdout juror refused to acquit Kelly, leading to the deadlock.

Kelly’s defense attorney Kathy Lowthorp said at the time, “We firmly believe that the state failed to prove beyond a reasonable doubt.”

Kelly asserted following the ruling: “They won’t break my resolve.”

Judge Fink’s decision came as a blow to prosecutors, who had hoped to retain the option of retrying the case if new witnesses emerged.

Deputy County Attorney Kimberly Hunley had argued that unknown witnesses might come forward, or known witnesses in Mexico could become available.

The judge, however, was unswayed by these arguments.

In his stunning ruling on Tuesday, Fink said in a statement obtained by KGUN 9, “The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant.”

The case centered around events that unfolded on Kelly’s 170-acre cattle ranch near the U.S.-Mexico border.

Prosecutors alleged that Kelly recklessly fired his AK-47 nine times at a group of illegal immigrants trespassing on his property, approximately 100 yards away.

ABC News reported that the group, which included Cuen-Buitimea, was reportedly fleeing from border patrol agents.

Kelly’s defense painted a different picture, however.

The rancher claimed he fired warning shots into the air to scare off the group, never intending to hit or kill anyone.

The defense also accused authorities of misrepresenting Kelly’s statements about the incident, per Daily Mail.

Cuen-Buitimea’s body was discovered on Kelly’s ranch with a bullet wound in his back. Court records revealed that the deceased had previously entered the U.S. illegally multiple times and had been deported, most recently in 2016.

The case highlighted the complexities of life along the U.S.-Mexico border, where ranchers often find themselves on the front lines of immigration issues.

It also raised questions about property rights and the use of force in self-defense situations.

Judge Fink’s ruling effectively closes the book on this high-profile case, barring any unforeseen circumstances.

The decision to dismiss the case with prejudice means that prosecutors cannot refile the same charges against Kelly in the future.