George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. Prosecutors headed back to court Monday, April 29, 2024, to announce whether they will retry Kelly, an Arizona rancher, after a …PHOENIX —
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly - or to drop the case. Fink dismissed the case as requested by prosecutors. The 75-year-old Kelly had been on trial for nearly a month in Nogales, which is on the border with Mexico. The rancher had been charged with second-degree murder in the Jan. 30, 2023, killing of 48-year-old Gabriel Cuen-Buitimea outside Nogales, Arizona.
Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards away. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.
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