PHOENIX — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury.
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case. Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn't be brought back to court. The 75-year-old Kelly had been on trial for nearly a month in Nogales, a city on the border with Mexico. The rancher had been charged with second-degree murder in the killing outside Nogales, Arizona.
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