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UPDATE: Testimony Under Scrutiny at Arizona Rancher's Murder Trial in Fatality of Migrant Near Nogales

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Published on March 27, 2024
UPDATE: Testimony Under Scrutiny at Arizona Rancher's Murder Trial in Fatality of Migrant Near NogalesSource: Santa Cruz County Sheriff's Office

The trial of George Alan Kelly, the Arizona rancher accused of killing a Mexican national on his property, continued on Tuesday with the state presenting law enforcement testimony. As reported by FOX 10 Phoenix, the prosecution detailed various accounts from officers who arrived at the scene and conversed with Kelly after the incident.

At issue is the January 2023 death of Gabriel Cuen-Buitimea, who was fatally shot on Kelly's ranch near Nogales. The defense, alleging that Kelly discharged his firearm into the air in fear for his and his wife's safety, challenged law enforcement's take on the discovery of a backpack and fanny pack near the victim, in the testimony heard. "If a person is traveling in this terrain, he's probably wearing what he has on: a backpack, fanny back. Would you agree?" defense attorney Kathy Lowthorp questioned, with the witness complying.

Prosecutors argue that Kelly acted recklessly when he fired toward Cuen-Buitimea and another migrant from about 100 yards, questioning changes in his account of the events. "So if I understand you correctly, he initially said he was being shot at, but in the second phone call, he just said he heard a gunshot?" the prosecutor asked during the trial, with the witness confirming the discrepancy, FOX 10 Phoenix reported.

Meanwhile, the trial unfolds against a politically charged backdrop, with Arizona lawmakers recently proposing a bill that would widen the scope for property owners to use deadly force against trespassers. Critics, such as Phoenix representative Analise Ortiz, as per the BBC, warn of dangerous implications: "It would give people free rein to execute somebody and it would broaden extrajudicial killings." Arizona's Democratic Governor, Katie Hobbs, has promised to veto the bill.

Kelly, having rejected a plea deal that would have downgraded the charge to negligent homicide, faces up to 22 years in prison if convicted of second-degree murder. Testimonies in the high-profile case are set to continue, with the proceeding expected to wrap up on April 19, according to FOX 10 Phoenix.