Arizona prosecitors withdraw retrial for rancher charged with border murder due to juror’s alleged influence

PHOENIX – The Arizona prosecutors have announced that they will not pursue a retrial against George Kelly, an elderly rancher charged with second-degree murder in connection to the fatal shooting of Gabriel Cuen-Buitimea near Mexico’s border in January 2023. A mistrial was declared last week due to one juror who allegedly influenced other members during deliberations.
During Kelly’s trial, prosecutors argued that he recklessly fired nine rounds from an AK-47 rifle at a group of individuals, including Cuen-Buitimea, approximately 100 yards away on his property. In contrast, Kelly maintained that he had only aimed warning shots in the air and did not intentionally target anyone directly.
According to prosecutor Mike Jette’s testimony during trial proceedings, Cuen-Buitimea sustained three broken ribs as well as a severed aorta following the shooting incident. His unarmed body was discovered 115 yards away from Kelly’s ranch house. Although investigators found nine spent bullet casings on Kelly’s patio that corresponded to his AK-47 rifle, they were unable to recover the specific bullet responsible for Cuen-Buitimea’s death.
This announcement follows a week of deliberations in which jurors declared a mistrial after one member reportedly influenced other members during their discussions regarding Kelly’s guilt or innocence. The reason behind this influence is yet unknown, and no further details have been provided by the prosecution at present.