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Huge update in case of Arizona rancher who shot and killed Mexican migrant on his land after original jury failed to reach verdict [George Kelly]
Daily Mail ^ | 7/10/24 | Rachel Brown

Posted on 07/10/2024 9:45:32 AM PDT by CFW

The Arizona rancher who became the face of the border crisis when he was charged with killing a migrant on his land will not face trial again, a judge has ruled.

George Alan Kelly, 75, was charged with the killing of Gabriel Cuen-Buitimea, a Mexican national found dead on Kelly's sprawling ranch in January 2023.

The case led to a mistrial in April when jurors failed to reach a verdict after one hold-out refused to acquit.

Santa Cruz County Superior Court Judge Thomas Fink denied the prosecution's request to keep the case open on the possibility that new witnesses could appear on Tuesday.

'The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant,' Fink said in a decision obtained by KGUN 9.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Culture/Society; US: Arizona
KEYWORDS: aliens; arizona; banglist; georgekelly; illegalaliens; invasion
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Good news for Mr. Kelly.

And good for the juror who stood his/her ground and refused to convict.

1 posted on 07/10/2024 9:45:32 AM PDT by CFW
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To: CFW

Wabbit season, duck season, wabbit season...

wy69


2 posted on 07/10/2024 9:48:37 AM PDT by whitney69
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To: CFW

And good for the juror who stood his/her ground and refused to convict.


As I read it, the holdout juror wanted to convict, the others wanted to acquit.


3 posted on 07/10/2024 9:49:20 AM PDT by hanamizu ( )
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To: CFW

after one hold-out refused to acquit.


4 posted on 07/10/2024 9:50:04 AM PDT by joshua c
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To: CFW

A “migrant”? No, rather doubt it.

An illegal alien.


5 posted on 07/10/2024 9:50:54 AM PDT by Rurudyne (Standup Philosopher)
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To: CFW
The case led to a mistrial in April when jurors failed to reach a verdict after one hold-out refused to acquit.

I read that as 11 jurors said "Not Guilty", and one was just bound and determined to send a patriotic American to prison ... As for me ... I pledge that as a juror, I will not convict anyone of any crime for taking out the trash.

6 posted on 07/10/2024 9:51:01 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: CFW

acquit


7 posted on 07/10/2024 9:52:00 AM PDT by hoosierham (Freedom isnt free)
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To: CFW

There was one holdout who refused to ACQUIT. That is what caused the mistrial. The other 11 wanted to acquit. FReegards.


8 posted on 07/10/2024 9:52:17 AM PDT by Flaming Conservative ((Pray without ceasing))
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To: CFW

No, the holdout was a female who refused to acquit. She was the only “guilty” vote.


9 posted on 07/10/2024 9:55:22 AM PDT by DesertRhino (2016 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI. )
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To: CFW

Wrong, one hold out refused to acquit. One person thought he was guilty.


10 posted on 07/10/2024 9:57:40 AM PDT by eastforker (All in, I'm all Trump,what you got!)
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To: Rurudyne

Ooops. My bad. I thought it was the other way around.

Well, good for the 11 who stood their ground and refused to convict Mr. Kelly.


11 posted on 07/10/2024 9:59:13 AM PDT by CFW
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To: CFW

There is still hope in Arizona! I hope Lake succeed in winning ..that would be awesome. But the cheating there has gone through the roof and I doubt very very much what’s your name will relinquish power that easy. This is what happens when you have a corrupt governor and an AG the sky the limit for them in what they can accomplish through corruption!


12 posted on 07/10/2024 10:01:07 AM PDT by RoseofTexas
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To: CFW

Final Good News, thanks for posting!


13 posted on 07/10/2024 10:02:04 AM PDT by Navy Patriot (Celebrate Decivilization)
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To: hanamizu

My read, too. The holdout wanted to convict Kelly with murder.


14 posted on 07/10/2024 10:02:14 AM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: CFW

Weird how it only takes one apple to ruin the whole Apple barrel. This is exactly what’s happening in our nation right now where the 1% rule the 99 of the population. …UNBELIEVABLE! How did we get to this stage?


15 posted on 07/10/2024 10:04:11 AM PDT by RoseofTexas
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To: CFW

I agree.


16 posted on 07/10/2024 10:05:23 AM PDT by No name given (Anonymous is who you’ll know me as)
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To: CFW

Glad he was not convicted. Still probably cost him $100,000 in legal fees unless he has a go-fund me account.


17 posted on 07/10/2024 10:06:22 AM PDT by Brooklyn Attitude (A vote for Biden in 2024 is a vote for President Kamala Harris in 2025.)
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To: CFW

IMO this was lawfare aimed at discoraging self defence.
There was no evidence the rancher’s shot had killed the victim. Police reportedly didn’t do ballistics and other illegals may have shot him.

“He turned towards me … pointed the AK at me. And that’s when — everybody says was the dumbest thing I ever did — they said you should have shot him because he was getting ready to shoot you,” Kelly told NewsNation.

Instead, he told the news outlet that he “shot over the tree, over the top of his head, and thank God him and the other guys ran.”

Later that day — Jan. 30, 2023 — he found a body and called the sheriff’s department. Responding officers accused Kelly of fatally shooting the victim, an illegal immigrant, and hauled him away in cuffs. The victim was identified as Gabriel Cuen-Buitimea, and prosecutors claimed he was unarmed.

But Kelly’s defense lawyers said prosecutors failed to prove Cuen-Buitimea was shot by Kelly’s gun. The forensics and the ballistics didn’t match Kelly’s gun, according to the defense. The fatal bullet was never recovered from the scene.

https://www.fox10phoenix.com/news/arizona-rancher-says-he-stared-down-barrel-of-ak-47-when-he-fired-warning-shots-over-the-trees


18 posted on 07/10/2024 10:07:52 AM PDT by JayGalt (DEI = Didn’t Earn It)
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To: CFW

Use the Trump standard used by the left. Simple majority.


19 posted on 07/10/2024 10:11:30 AM PDT by ealgeone
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To: RoseofTexas

Correct!
Anyone who doubts this, see Minnesota for reference.


20 posted on 07/10/2024 10:13:27 AM PDT by Fireone (Who killed Obama's chef?)
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