Mistrial declared in case of Arizona rancher accused of murdering Mexican ... trends now
Arizona rancher George Alan Kelly received a mistrial after he was accused of shooting dead an unarmed Mexican migrant on his land because only one of the jurors believed he was guilty.
Kelly, 75, was accused of killing Gabriel Cuen-Butimea on January 30, 2023, at his home in Nogales, near the Mexican border.
His defense attorney Kathy Lowthorp said only one juror wanted to convict and seven jurors wanted to acquit. The defense wanted the defense for the jury to continue deliberations, but the judge decided to end the case.
'We believe in our gut there was no way the state proved beyond a reasonable doubt,' she told journalists outside the courthouse.
'They won't wear me down,' Kelly said after the decision, according to the Arizona Republic.
Arizona rancher George Alan Kelly received a mistrial after he was accused of shooting dead an unarmed Mexican migrant on his land because only one of the jurors believed he was guilty
Kelly's defense attorney Kathy Lowthorp said only one juror wanted to convict and seven jurors wanted to acquit. The defense wanted the defense for the jury to continue deliberations, but the judge decided to end the case
Lowthorp believes the message the mistrial sends to prosecutors is clear: 'Try it again and maybe this time we will have all fair jurors that follow the law.'
She promises to represent Kelly if he is forced to go to trial again.
Kelly is confident he will be acquitted if there's another trial: ''They want ice water in you-know-where. And they ain't got it. So, it is what it is.'
'We got no choice. We have to do it,' he told the Arizona Daily Star. 'If you're in a sand trap, you gotta keep hacking until you get out.'
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.
Many on social media have called for Kelly to be free and for the county to not try him again.
The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation.
DailyMail.com has reached out to the Santa Cruz County District Attorney's Office for comment.
