NOGALES, AZ – An Arizona judge on Tuesday dismissed the murder case against rancher George Alan Kelly, who was accused of fatally shooting a Mexican national on his border property.
Kelly, 75, faced charges for the death of Gabriel Cuen-Buitimea, 48, on January 30, 2023, at his 170-acre cattle ranch near Keno Springs, just outside Nogales. Santa Cruz Superior Court Judge Thomas Fink ruled that the state would not pursue a retrial due to insufficient evidence and the likelihood of another hung jury or acquittal.
“The evidence presented in the initial trial does not support a conviction, and another jury is unlikely to reach a different conclusion,” Judge Fink stated. He emphasized the absence of physical evidence, including the missing bullet allegedly responsible for Cuen-Buitimea’s death, and the lack of credible witnesses.
The initial trial ended in a mistrial after jurors voted 7-1 in favor of acquitting Kelly of second-degree murder and lesser charges such as manslaughter, negligent homicide, and aggravated assault with a deadly weapon. Prosecutors had considered a retrial but ultimately decided against it.
One key witness, Daniel Ramirez, who was with Cuen-Buitimea on the night of the incident, testified about his repeated attempts to cross the border illegally. Judge Fink expressed doubts about Ramirez’s availability for a future trial, noting his uncertain whereabouts.
Prosecutors suggested that jurors’ views on border issues might have influenced their decision, but Judge Fink dismissed this as speculative. He described the jury as “rational and diverse” in their majority decision to acquit Kelly.
“The court finds no reasonable basis to keep this case open with a dismissal without prejudice,” Fink wrote. “Justice is not served by prolonging a case that cannot be successfully retried, and doing so would only harass the defendant.”