PHOENIX — An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border.
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together. Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards away on his cattle ranch. Kelly has said he fired warning shots in the air, but he didn’t shoot directly at anyone.
“Mexico will continue to follow the case and continue to accompany the family, which wants justice." said Moreno."We hope for a very fair outcome.” Kelly was also charged with aggravated assault that day against another person in the group of about eight people, including a man from Honduras who was living in Mexico and who testified during the trial that he had gone into the U.S. that day seeking work.Cuen-Buitimea lived just south of the border in Nogales, Mexico. He had previously entered the U.S. illegally several times and was deported, most recently in 2016, court records show.
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