'They won't wear me down': Mistrial declared in case of elderly rancher charged for shooting death of illegal immigrant

SANTA CRUZ COUNTY, AZ - Earlier this year, Law Enforcement Today reported on the case of an Arizona rancher who rejected a plea deal in the case where he was arrested for allegedly killing an illegal Mexican alien on his property in Nogalez, Arizona. That decision paid off this week when the judge in the case declared a mistrial after the jury could not reach a unanimous verdict. 

Arizona Central reports that Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on Monday when the jury deadlocked on the charges after over 15 hours of deliberation. A status meeting is scheduled for April 29 to allow the county attorney’s office to decide if it wants to retry the case. 

After the mistrial was declared, rancher George Kelly told reporters that “they won’t wear me down.” 

In January 2023, an illegal Mexican citizen, Gabriel-Cuen-Buitimea of Nogales, Mexico, was trespassing on Kelly’s private property. Authorities alleged that Kelly shot at a group of illegal aliens who were trespassing on his 170-acre cattle ranch, of which Cuen-Buitimea was part. Kelly said at least some of the illegals were armed. He said he fired warning shots in the air to scare off the illegals from his property out of concern for his safety and that of his wife. 

Prosecutors, meanwhile, claimed that Kelly “recklessly” fired an AK-47 at the group, which was approximately 100 yards away. Kelly was charged with second-degree murder in the case, as well as an additional charge of aggravated assault with a deadly weapon for allegedly putting another man, Daniel Ramirez, in danger. Ramirez was with Buitimea “looking for work” in the U.S. at the time of the incident. 

According to attorneys and the judge, jurors looked tired and frustrated earlier Monday when they told Judge Fink they were at an impasse. 

Kelly’s defense team called the mistrial a “victory” while painting it as the second-best outcome they could have hoped for, with the other being an outright acquittal. One of Kelly’s attorneys, Kathy Lowthorp of Texas, said the trial was the longest in her 24 years of law practice and vowed to represent Kelly again if the prosecution decides to have a second run at him. 

Kelly also called Arizona’s disclosure requirements “mind-boggling.” 

“Here, you disclose everything and depositions,” Lowthorp said. “It’s just like you tried the case a few times before you get to an actual trial with a jury. That’s just mind-boggling to me.” 

After Fink announced the mistrial, Wanda Kelly, George Kelly’s wife, said she had felt in suspense for the past year. 

“I feel like I’ve been in suspension for 15 months, and I’m getting nowhere, and I’m still on that treadmill,” Kelly said. “We have to wait a little longer.” 

George Kelly, meanwhile, said he didn’t worry as much about himself as he did about his wife. 

“They want ice water in you-know-where. And they ain’t got it. So, it is what it is…they won’t wear me down,” he said. 

While the prosecution alleged that Kelly opened fire on the two unarmed illegal Mexicans, the defense claimed Kelly’s testimony was changed by law enforcement and alleged the shooting investigation was biased. The prosecution claimed Kelly fired a “barrage” of bullets, and while spent casings were found near the property, the actual deadly bullet was never found. 

Part of Kelly’s defense centered around the location of his ranch, which is in a “high-traffic area” and is home to so-called “rip crews,” or groups of people who engage in criminal activity, rob and kidnap migrants, steal drugs, and engage in violence. 

After the mistrial was announced, Kelly’s defense told Fox News that “one lone holdout” wanted to convict Kelly while the rest of the jury sought an outright acquittal. 

“The jury verdict was seven to acquit and one, lone holdout who was stubborn and would not listen to evidence,” Kelly’s defense team told Fox News. “All the other jurors were angry about it.” 

While the prosecution claimed Cuen-Buitimea was an “unarmed migrant pursuing the American dream” before being shot and killed, the evidence did not support that claim. 

The defense also argued that the prosecution did not prove that Cuen-Buitimea was shot by Kelly’s gun. The defense maintained that Kelly only fired two warning shots in the air from his patio earlier that day.

His wife Wanda testified she called their Border Patrol liaison when she saw two men wearing camouflage and carrying rifles and backpacks about 100 feet from their home. Law enforcement responded to the property, and several hours later, Kelly called the Border Patrol back after he found Cuen-Buitimea’s body about 115 yards from the residence. 

Dr. Ron Martinelli, a criminologist who worked pro-bono for Kelly’s defense, slammed Santa Cruz County Sheriff David Hathaway’s testimony where he said he crossed the Mexican border weeks after the shooting to interview Daniel Ramirez, a Honduran who prosecutors said was the sole witness to the shooting of Cuen-Buitimea.

Defense attorney Brenna Larkin said based on Ramirez’s own testimony, he was not there. 

That meeting was arranged by a man named Juan Carlos Rodriguez, a twice-convicted felon. The prosecution was forced to reveal his background to jurors and the fact his first arrest was for aggravated assault and domestic violence in connection with strangling his girlfriend. The second time, he served two years “for the transportation of weapons into the United States.” 

It was the second offense that caught the attention of the defense since, according to Martinelli, “the Sinaloa Cartel and Malas Manos do not allow independent people to bring guns, traffic guns into the United States” in a statement to Fox News. 

“To me, [Hathaway] absolutely conceded to violating Mexican law and United States State Department protocols with regards to conducting an international investigation in Mexico,” Martinelli said about Sheriff Hathaway’s testimony. “His whole statement and justification that he went down to Mexico to quote, ‘offer his condolences to the family’ is beyond belief. You know, are we to assume that’s his M.O. every time a Mexican national dies in a violent crime in Nogales that he personally takes it upon himself to go down to a foreign country to express his condolences? I mean, that’s beyond the pale.” 

Martinelli continued criticizing the sheriff’s department and the district attorney’s investigator. 

“Once they know who these people were, well into this investigation, months and months ago, they continued to believe these people over two American citizens, who were law-abiding and cooperative,” he said. 

Martinelli alleged that Hathaway was pushing the case against Kelly to help his reelection bid for sheriff and said he would seek an investigation into Hathaway’s conduct. He said someone like Hathaway “should not be having badges of authority.”