The jury reached an impasse on day three of deliberation in trial over the shooting death of an illegal immigrant on a ranch near the US–Mexico border.
NOGALES, Ariz.—After three days of deliberation and being sent back twice by the judge, the jury has reached an intractable impasse—there’s no verdict in the trial of George Alan Kelly.
Judge Thomas Fink declared a mistrial on April 22 and set a status hearing on April 29 in which the prosecution will either move to schedule a retrial or move to dismiss the case.
Mr. Kelly faced one charge of second-degree murder or manslaughter or negligent homicide and an additional charge of aggravated assault with a deadly weapon in the shooting death of Mexican national Gabriel Cuen-Buitimea, 48, an illegal immigrant on Mr. Kelly’s ranch.
“It’s a victory,” said defense lawyer Kathy Lowthorp. “It’s the second best answer–not guilty, and then a mistrial. So either way, it’s a win, just not the perfect win.”
Mr. Kelly appeared relieved, saying he had “big plans.”
“I’m going home tonight. Going to bed.”
His wife, Wanda Kelly, withheld her frustration, but lamented “15 months of our lives” had been spent defending her husband against the charges.
Ms. Lowthorp said after speaking with the jury, she learned the vote was 7–1 to acquit the defendant. The lone holdout refused to change their vote despite numerous attempts and further deliberations.
She said the near unanimous vote by the jury should send a clear signal to the prosecution that retrying the case could produce a similar result.
Lead defense attorney Brenna Larkin said last week, if ever there was a case where reasonable doubt existed, “it is this case.”
A guilty verdict for second-degree murder in Arizona would have sent Mr. Kelly away to prison for 10 to 22 years—a potential life sentence. It would be seven to 21 years for a conviction of manslaughter and 1 to 3.75 years for negligent homicide.
Eight jurors—five men and three women—deliberated; while four others served as alternates.
By Allan Stein
