State prosecutors declared on Monday their decision not to pursue a retrial for 75-year-old George Alan Kelly, the Arizona rancher accused of fatally shooting an unarmed migrant on his property near the U.S.-Mexico border.
Deputy County Attorney Kimberly Hunley, speaking at a status hearing, explained that due to the unique circumstances and challenges of the case, the Santa County Attorney’s office had chosen not to seek a retrial. Kelly, visibly emotional, hung his head as prosecutors made their announcement.
Another hearing will be scheduled to consider the defense's request to dismiss the case with prejudice. The case had ended in a mistrial last Monday when jurors could not reach a consensus on whether to charge Kelly with second-degree murder and aggravated assault. Kelly had pleaded not guilty.
The accusations against Kelly involved him allegedly shooting his AK-47 from a long distance at a group of migrants returning to Mexico. Prosecutors claimed that Gabriel Cuen-Buitimea, 48, a migrant from Nogales, Mexico, who was seeking work, was fatally struck. However, the bullet was never recovered by law enforcement officials, and Kelly's defense argued that another person may have been responsible, noting that no other weapon was found in the area.