Arizona Rancher Accused of Killing Mexican Migrant to Go to Trial for Murder
A judge ruled Friday that an Arizona rancher will face trial over the killing of a Mexican migrant on his property near the U.S.-Mexico border last month.
According to the Associated Press, George Alan Kelly allegedly shot at a group of migrants on his ranch outside Nogales, Arizona, on January 30. The shooting reportedly left Gabriel Cuen-Buitimea, 48, of Nogales, Mexico, dead on Kelly's property.
Kelly will face trial on second-degree murder and aggravated assault charges. In making the decision, Santa Cruz County Justice of the Peace Emilio Velasquez said the hours-long testimony revealed many new information. The judge noted that he thinks there might have been "some holes" in some testimony.
"But at the end of the day... the court does find that the offenses were committed by this defendant, and I will be binding this over to Superior Court," he added. During the evidentiary hearing in Nogales, which was livestreamed, Kelly was seen sitting beside his lawyer Brenna Larkin with no visible reaction.
The 74-year-old Arizona rancher can remain free on $1 million bail pending his arraignment on March 6. However, the judge said he was not allowed to have contact with witnesses or Cuen-Buitimea's family and from possessing firearms.
Kelly's lawyer had previously lost an attempt to postpone Friday's hearing after prosecutors downgraded the suspect's charge from one count of first-degree murder, which can lead to a death sentence or life imprisonment.
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Arizona Rancher Denies Killing the Mexican Migrant
As he denied the murder, the Arizona rancher maintained that he only fired warning shots after he saw what he believed to be a group of cartel smugglers on his property, The Daily Mail reported.
"I don't expect anything... What happens, happens. I have no comment about anything else," George Alan Kelly told NewsNation.
A former Border Patrol chief noted that the area is known for "violence," and the Mexican migrant could be a cartel drug smuggler or scout. The area has a "propensity for violence," Rodney Scott, a former supervisor there, told NewsNation.
"Everything that I have seen, my professional experience would tell me that that guy was either a scout or an actual guide for a group," Scott told the outlet, adding that with the radio, it is more likely that the Mexican migrant was the front-man or scouting out on advance as that type of activity and conduct does not happen out there unless it's part of the cartel.
Kelly, who has never been in trouble with the law, called Border Patrol on January 30 and reported a group of Mexican men running through his property.
After being shot at, he claimed he fired warning shots but was careful not to hit any of the men. Kelly reportedly used an AK-47 rifle to shoot at eight unarmed migrants. The AK-47 was later found in his home.
Arizona Rancher Pays Bail Through Fundraiser Campaigns
George Alan Kelly's first-degree charge was downgraded to second-degree murder after several well-wishers raised money for the Arizona rancher to meet his $ 1 million bail. He was released after he was able to post bond Wednesday.
GoFundMe refused to accept campaigns and returned the money to donors due to policies not to help anyone accused of violent crimes. However, according to The New York Post, the Christian fundraising platform GiveSendGo has four active campaigns for Kelly.
As of Friday, it reportedly raised slightly over $398,000, which will be used for his legal defense and family. Despite planning to raise only $25,000, the primary one raised more than $330,000 by Friday. Kelly's wife of 54 years, Wanda Kelly, also started a fundraiser campaign, which received a little over $4,000 of her $50,000 goal.
Court records showed that Gabriel Cuen-Buitimea had been convicted of illegal entry into the U.S. and deported to Mexico several times, most recently in 2016. A Mexican man, who testified during Friday's hearing and spoke through a Spanish-language interpreter, said he was running behind Cuen-Buitimea when he said he had been shot.
"I saw Gabriel... He held his chest and said, 'I'm hit.' He rolled his eyes and fell down," said the man, adding that Cuen-Buitimea had made "seven or eight" tries to cross the U.S.-Mexico border to find work but was apprehended each time.
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This article is owned by Latin Post.
Written by: Bert Hoover
WATCH: Arizona Rancher's Charge Reduced; Migrant Recounts Shooting - From NewsNation