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Judge rules that rancher George Alan Kelly, who killed a migrant on his property, cannot be charged with murder again

Judge rules that rancher George Alan Kelly, who killed a migrant on his property, cannot be charged with murder again
Judge rules that rancher George Alan Kelly, who killed a migrant on his property, cannot be charged with murder again

A judge ruled that an Arizona rancher who shot a Mexican migrant with an AK-47 as he crossed his land cannot face a new murder trial following his mistrial in April.

A judge ruled that an Arizona rancher who shot a Mexican migrant with an AK-47 as he crossed his land cannot face a new murder trial following his mistrial in April. Jeff Topping

Santa Cruz County Superior Court Judge Thomas Fink sided with the view of 75-year-old George Alan Kelly’s attorneys — in part because of Kelly’s advanced age, frail health and ongoing “senility and memory loss,” according to the Arizona Republic.

Santa Cruz County Superior Court Judge Thomas Fink joined attorneys for 75-year-old George Alan Kelly. AP
Kelly is said to have shot Gabriel Cuen Buitimea in January 2023. Yesica Cuen

“Re-filing this charge at a later date would place the defense at a significant disadvantage,” Fink wrote in his ruling, adding that too much time had already passed for the case to be reopened.

Santa Cruz County Superior Court Judge Thomas Fink joined attorneys for 75-year-old George Alan Kelly. AP

Kelly is alleged to have shot Gabriel Cuen Buitimea in January 2023 as he and another man, Daniel Ramirez, fled from U.S. border patrol agents.

Kelly shot her nine times with his assault rifle, prosecutors said.

Kelly shot her nine times with his assault rifle, prosecutors said. Sarah Lapidus/The Republic / USA TODAY NETWORK

He was charged with first-degree murder and one count of aggravated assault with a deadly weapon.

He was charged with first-degree murder and one count of aggravated assault with a deadly weapon. AP

Both migrants were in the country illegally and were looking for work to escape poverty, the newspaper said.

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