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Arizona Rancher George Alan Kelly Rejects Plea Deal in Shooting of Migrant, Faces Trial in Santa Cruz County

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Published on January 05, 2024
Arizona Rancher George Alan Kelly Rejects Plea Deal in Shooting of Migrant, Faces Trial in Santa Cruz CountySource: Google Street View

An Arizona rancher, George Alan Kelly, has boldly opted to not accept a plea bargain in connection with the fatal shooting of a migrant near the U.S.-Mexico border. The 75-year-old landowner turned down a deal Wednesday that could've capped his prison time at eight years, as reported by FOX 10 Phoenix. The trial is firmly set for March 21 in Santa Cruz County Superior Court.

Prosecutors had offered to scale down the charges to a single count of negligent homicide if Kelly was willing to plead guilty. It seems Kelly has chosen to boldly risk a potentially harsher sentence by going to trial. The details of the case began to unfurl publically when Kelly was arrested for second-degree murder and aggravated assault following the January 30, 2023, shooting that left 48-year-old Gabriel Cuen-Buitimea dead. Cuen-Buitimea, a Nogales, Mexico national, was with a group of unarmed migrants passing through Kelly's approximately 170-acre ranch when he was shot, according to authorities cited by ABC News.

The incident has since ignited wide-ranging emotions amid escalating debates over border security, which is expected to be a hot button topic in the upcoming 2024 presidential election. Kelly, whose property sits in the Kino Springs area, reportedly used an AK-47 rifle to shoot at the migrants who were situated about 100 yards away, per prosecutors. The defense narrative paints a different picture, suggesting Kelly fired into the air, an act motivated by fear for his and his wife's safety as well as to protect their property. No other injuries were reported, and the remaining migrants apparently managed to retreat back to Mexico.

Further complicating the narrative is Cuen-Buitimea's history of illegal entries into the United States, with multiple convictions and deportations on his record - the last occurring in 2016, court documents reveal. The case continues to draw intense scrutiny, as it intersects with the thorny issues of immigration policy and private landowner rights. The trial, which Kelly's attorney confirmed is projected to span three weeks, is expected to closely examine and bring to light the events that led Kelly to decisively pull the trigger on that fateful day.