The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation in trial of George Alan Kelly, 75, who was charged with second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea.
“Based upon the jury's inability to reach a verdict on any count,” Superior Court Judge Thomas Fink said, “This case is in mistrial.”
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.
Prosecutors claim Kelly recklessly fired nine shots 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.
Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
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.
