George Alan Kelly's lawyer says he fired warning shots after armed men pointed ... trends now
The lawyer for an elderly Arizona rancher charged with murder for shooting dead a Mexican man on his border property says he fired warning shots at the armed group.
George Alan Kelly, 73, is currently being held on $1 million bond and is charged with first-degree, premeditated murder in the January 30 shooting of a man believed to be Gabriel Cuen-Butimea, 48.
Kelly's court-appointed attorney, Brenna Larkin, said in a recent court filing that the man was inside his home eating lunch with his wife when the heard a single gunshot.
Larkin said the Arizona resident saw one of his horses run away and that he went to investigate the incident, only to find a group of men with 'AK-47 rifles, dressed in khakis and camouflaged clothing and carrying large backpacks.'
That's when Kelly, 'understandably concerned,' retrieved his rifle and told his wife to stay inside the home before firing warning shots at the group, including the leader who 'pointed an AK-47 right at him.'
The group fled and it wasn't until hours later when the man's body was discovered by Kelly, even after U.S. Border Patrol had come to inspect the property and allegedly found nothing.
George Alan Kelly, 73, is currently being held on $1 million bond and is charged with first-degree, premeditated murder
The man Kelly is believed to have shot is Gabriel Cuen-Butimea, 48, a Mexican national
Kelly's sprawling ranch in Arizona is just 1.5 miles from the Mexican border. His friends say he's had problems with migrants grossing
In the recent filing, Larkin claims the Arizona man had just returned home for lunch when the scary situation began.
He and his wife heard the gunshot and saw their elderly horse running away which prompted immediate concern.
When he went out to check on the situation, he found the group.
'None of them were known to him. He had not given any of them permission to come onto his land,' Larkins said in the filing.
His attorney says he 'reasonably feared for his safety, his wife's safety, and his animals' safety,' which prompted the man to call the U.S. Border Patrol ranch liaison.
The liaison is designated specifically for people who live near the U.S.-Mexico border and Kelly had reached out to 'summon immediate help.'
He told his wife to stay inside and stay silent and moved onto his porch with his rifle.
'The leader of the armed group of men saw Mr. Kelly and pointed an AK-47 right at him,' Larkin wrote.
George Alan Kelly is shown in court on February 2nd with his wife Wanda behind him in the front row
This graph shows just how close Kelly and his wife live to the U.S.-Mexico border
'Mr. Kelly, fearing for his life and safety, fired several shots from his rifle, hoping to scare them away from him, his wife, his animals, and his home,' the lawyer wrote.
'As he shot, Mr. Kelly took care to aim well over the heads of the armed group of men. The group then began running into the desert surrounding his home. Once the group had fled, Mr. Kelly walked over to his barn to see if it was safe and secure,' she continued.
Border Patrol later 'incorrectly reported' Kelly had stated he couldn't tell if the men had weapons or not.
Around 2.40pm on January 30, radio dispatch told the Border Patrol agents en route to the property that 'armed men had been seen in the area.'
As the man was checking his barn, law enforcement officials from the Santa Cruz County Sheriff's Department and Border Patrol arrived and spoke with Kelly and his wife.
She also told the officials she had seen men with 'large backpacks' near the home.
This is the home of George Alan Kelly and his wife, located less than two miles from the border
The property is surrounded by pastures and vast open land
Kelly at one point during the scary situation allegedly told his wife to stay inside and stay silent as he moved onto his porch with his rifle
