Mistrial Declared in Murder Trial of Arizona Border Rancher

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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 USโ€“Mexico border.

NOGALES, Ariz.โ€”After three days of deliberation and being sent back twice by the judge, the jury has reached an intractable impasseโ€”thereโ€™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. Kellyโ€™s ranch.

โ€œItโ€™s a victory,โ€ said defense lawyer Kathy Lowthorp. โ€œItโ€™s the second best answerโ€“not guilty, and then a mistrial. So either way, itโ€™s a win, just not the perfect win.โ€

Mr. Kelly appeared relieved, saying he had โ€œbig plans.โ€

โ€œIโ€™m going home tonight. Going to bed.โ€

His wife, Wanda Kelly, withheld her frustration, but lamented โ€œ15 months of our livesโ€ had been spent defending her husband against the charges.

Ms. Lowthorp said after speaking with the jury, she learned the vote was 7โ€“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, โ€œit is this case.โ€

A guilty verdict for second-degree murder in Arizona would have sent Mr. Kelly away to prison for 10 to 22 yearsโ€”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 jurorsโ€”five men and three womenโ€”deliberated; while four others served as alternates.

Byย Allan Stein

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