Mistrial declared in case of Arizona rancher accused of murdering Mexican migrant on his land - as his lawyer reveals how many jurors thought he was innocent

Arizona rancher George Alan Kelly received a mistrial aft helium was accused of shooting dormant an unarmed Mexican migrant connected his onshore due to the fact that lone 1 of the jurors believed helium was guilty.

Kelly, 75, was accused of sidesplitting Gabriel Cuen-Butimea connected January 30, 2023, astatine his location successful Nogales, adjacent the Mexican border. 

His defence lawyer Kathy Lowthorp said lone 1 juror wanted to convict and 7 jurors wanted to acquit. The defence wanted the defence for the assemblage to proceed deliberations, but the justice decided to extremity the case. 

'We judge successful our gut determination was nary mode the authorities proved beyond a tenable doubt,' she told journalists outside the courthouse. 

'They won't deterioration maine down,' Kelly said aft the decision, according to the Arizona Republic. 

Lowthorp believes the connection the mistrial sends to prosecutors is clear: 'Try it again and possibly this clip we volition person each just jurors that travel the law.'

She promises to correspond Kelly if helium is forced to spell to proceedings again. 

Kelly is assured helium volition beryllium acquitted if there's different trial: ''They privation crystal h2o successful you-know-where. And they ain't got it. So, it is what it is.' 

'We got nary choice. We person to bash it,' helium told the Arizona Daily Star. 'If you're successful a soil trap, you gotta support hacking until you get out.' 

The Santa Cruz County Attorney´s Office tin inactive determine whether to retry Kelly for immoderate charge, oregon driblet the lawsuit each together. A presumption proceeding was scheduled for adjacent Monday afternoon, erstwhile prosecutors could pass the justice if they program to refile the case.

Many connected societal media person called for Kelly to beryllium free and for the region to not effort him again. 

The determination came aft jurors failed to scope a unanimous determination aft much than 2 afloat days of deliberation.

DailyMail.com has reached retired to the Santa Cruz County District Attorney's Office for comment.

After Monday's ruling, Consul General Marcos Moreno Baez of the Mexican consulate successful Nogales, Arizona, said helium would hold with Cuen-Buitimea´s 2 big daughters connected Monday evening to conscionable with prosecutors from Santa Cruz County Attorney´s Office to larn astir the implications of a mistrial. 

'Mexico volition proceed to travel the lawsuit and proceed to travel the family, which wants justice.' said Moreno. 'We anticipation for a precise just outcome.'

Kelly's woman noted that the lawsuit has lasted implicit a year, and continues to bent implicit their family. 

'I consciousness similar I've been successful suspension for 15 months, and I'm getting nowhere, and I'm inactive connected that treadmill. We person to hold a small longer,' Wanda Kelly said. 

Kelly was charged with second-degree execution successful sidesplitting of Cuen-Buitimea, 48, who lived conscionable southbound of the borderline successful Nogales, Mexico.

Prosecutors said Kelly recklessly fired 9 shots from an AK-47 rifle toward a radical of men, including Cuen-Buitimea, astir 100 yards (90 meters) distant connected his cattle ranch. 

Kelly has said helium fired informing shots successful the air, but helium didn´t sprout straight astatine anyone.

Court officials took jurors to Kelly´s ranch arsenic good arsenic a conception of the border. Superior Court Judge Thomas Fink denied quality media requests to tag along.

Kelly was besides charged with aggravated battle that time against different idiosyncratic successful the group, including a antheral from Honduras who was surviving successful Mexico and who testified during the proceedings that helium had gone into the U.S. that time seeking work.

The different migrants weren´t injured and they each made it backmost to Mexico.

Cuen-Buitimea lived conscionable southbound of the borderline successful Nogales, Mexico. He had antecedently entered the U.S. illegally respective times and was deported, astir precocious successful 2016, tribunal records show.

The astir monthlong proceedings coincided with a statesmanlike predetermination twelvemonth that has drawn wide involvement successful borderline security.

Fink had told jurors that if they could not scope a verdict connected the second-degree execution charge, they could effort for a unanimous determination connected a lesser complaint of reckless manslaughter oregon negligent homicide. 

A second-degree execution condemnation would person brought a minimum situation condemnation of 10 years.

The assemblage got the lawsuit Thursday afternoon, deliberated concisely that time and past each of Friday and Monday earlier the justice declared a mistrial.