George Alan Kelly, 75, was charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea of Mexico.
The more than two-week trial included jurors visiting Kelly’s nearly 170-acre cattle ranch in Nogales, Arizona. Cuen-Buitimea, 48, was in a group of men that Kelly encountered. The other illegals weren’t injured and managed to escape back to Mexico.
The case has attracted national attention as the crisis on the southern continues to be a top issue this election year and garnered sympathy for the rancher. Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016.
Prosecutors claimed that Kelly recklessly fired an AK-47 rifle toward the group that was about 100 yards away. Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone, and he feared for his safety and that of his wife and property.
Defense attorney Brenna Larkin has characterized groups of migrants crossing through Kelly’s property were an increasing concern over the years, prompting him to arm himself constantly for protection.
Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
