MISTRIAL AZ - Gabriel Cuen-Buitimea, shot and killed with AK-47 by rancher George Alan Kelly, Kino Springs, Jan 2023 *charged* #2

[evilwise]

It was based on my own assumption that people who live in a county that has a large majority with family ties to MX may have a bias against shooting their relatives, many of whom regularly cross the border to work.
My daughter is married to a man who’s mother brought across the Rio Grande at Laredo, TX at 3 years old, he just turned 50 so that was long ago, it was easier then to get citizenship, I think. He has a Masters degree and makes $500,000 a year in data science so his mother bringing him obviously changed his life trajectory.
I really based my assumption on how he and his family feel about US citizens shooting migrants crossing the border, including the vigilante organizations, so it’s entirely anecdotal evidence, I have no statistics on how MX Americans as a whole, or in Santa Cruz Co., feel about this.
And as I clarified in a subsequent post, the change of venue request would obviously be due to pretrial publicity, no defense attorney would make a request based on the racial demographics of the jury even if they really are a possible factor in bias against their client

Views of immigration policy vary among Latino immigrants by their legal status

www.pewresearch.org

 

[AzPistonsGirl]

you know what they say about statistics...

 

[pentimento]

Very detailed article written by Jack Healy of the New York Times and appearing in the Latin American press:

La muerte de un migrante mexicano aviva las tensiones en la frontera de Arizona - Debate y Convergencia

KINO SPRINGS, Arizona — Gabriel Cuén Buitimea se escabullía por las tierras de un ranchero cerca de la frontera con México cuando comenzó el tiroteo. Cuén Buitimea dijo: “Me dieron”, antes de que sus ojos se pusieran en blanco y se desplomara bocabajo junto a un árbol de mezquite. Para el...

debateyconvergencia.com.ar

 

[Lilibet]

Very detailed article written by Jack Healy of the New York Times and appearing in the Latin American press:

La muerte de un migrante mexicano aviva las tensiones en la frontera de Arizona - Debate y Convergencia

KINO SPRINGS, Arizona — Gabriel Cuén Buitimea se escabullía por las tierras de un ranchero cerca de la frontera con México cuando comenzó el tiroteo. Cuén Buitimea dijo: “Me dieron”, antes de que sus ojos se pusieran en blanco y se desplomara bocabajo junto a un árbol de mezquite. Para el...

debateyconvergencia.com.ar

Thanks! Here’s the English version…

Death and Justice on the Border: A Migrant Is Killed, a Rancher Is Charged

KINO SPRINGS, Ariz. — Gabriel Cuen-Buitimea was slipping across a rancher’s land near the border with Mexico when the shooting started. “I’m hit,” he said, before his eyes rolled back and he crumpled face down by a mesquite tree. To the sheriff in rural Santa Cruz County, Arizona, this account...

news.yahoo.com

 

[ex-stat]

To be honest, I wonder if he hadn't made the phone calls and his wife hadn't apparently said that he was chasing them whether there would have been a very different outcome.

Having said that, I think the sheriffs were suspicious from the start given the history and what he said. They started recording the call.

I hate the bit about the "animal" in the other call. It is awful.

It feels like loads of news articles about this have disappeared.

I really want to understand what actually happened. It might be better for me not to read any news about it and just wait until the trial. I hope this post is OK. I've tried to take anything out regarding what is mentioned with respect to the forum rules and just focus on the facts.

 

[neesaki]

Thanks! Here’s the English version…

Death and Justice on the Border: A Migrant Is Killed, a Rancher Is Charged

KINO SPRINGS, Ariz. — Gabriel Cuen-Buitimea was slipping across a rancher’s land near the border with Mexico when the shooting started. “I’m hit,” he said, before his eyes rolled back and he crumpled face down by a mesquite tree. To the sheriff in rural Santa Cruz County, Arizona, this account...

news.yahoo.com

Peaceful and tranquil, Or high crime area. I guess it could be both, but not at the same time.

Snip from article.
“It’s a very peaceful and tranquil area,” said Sheriff David Hathaway, an elected Democrat. He said he and his wife take sunset walks not far from where the shooting happened.

But in a court hearing, other law-enforcement agents described the area around Kelly’s ranch as a “high-crime area” where drug smuggling was on the rise.”

 

[Laughing]

Peaceful and tranquil, Or high crime area. I guess it could be both, but not at the same time.

Snip from article.
“It’s a very peaceful and tranquil area,” said Sheriff David Hathaway, an elected Democrat. He said he and his wife take sunset walks not far from where the shooting happened.

But in a court hearing, other law-enforcement agents described the area around Kelly’s ranch as a “high-crime area” where drug smuggling was on the rise.”

Sounds as if jmho Mr. Hathaway doesn't view trespassing on someone else's property as a problem.

jmho ymmv lrr

 

[neesaki]

Sounds as if jmho Mr. Hathaway doesn't view trespassing on someone else's property as a problem.

jmho ymmv lrr

Odd isn’t it. I don’t think I’d want him as my sheriff. JMO

 

[Cool Cats]

State of Arizona Vs. George A. Kelly - CR-23-0026 | Santa Cruz County, AZ - Official Website

High-Interest Case

www.santacruzcountyaz.gov

CR-23-0026​

Documents filed in connection with the case​

Date	Party	Description
05/17/2023	State of Arizona	Minute Entry: Motion
05/17/2023	State of Arizona	Hearing: Motion
05/16/2023	Kelly, George Alan	Notice: Appearance
05/08/2023	State of Arizona	Motion: Strike
04/28/2023	State of Arizona	Miscellaneous: Supplement to.
04/28/2023	State of Arizona	Response: Response.
04/28/2023	State of Arizona	Response: To motion.
04/28/2023	State of Arizona	Notice: Appearance.
04/27/2023	Kelly, George Alan	Order: Setting.
04/18/2023	Kelly, George Alan	Motion: Motion.
04/18/2023	Kelly, George Alan	Miscellaneous: Supplement to motion
03/06/2023	Kelly, George Alan	Hearing: Arraignment
03/03/2023	Kelly, George Alan	Motion: Motion.
02/27/2023	State of Arizona	Notice: Disclosure.
02/27/2023	State of Arizona	Charging document: Information
02/27/2023	Kelly, George Alan	Transfer to Superior Court. (Superior Court Case number CR-23-026)
02/24/2023	Kelly, George Alan	Evidentiary hearing.
02/23/2023	Kelly, George Alan	Order: Order denying.
02/23/2023	Kelly, George Alan	Motion filed: Motion to continue filed by defense counsel.
02/23/2023	Kelly, George Alan	Complaint amended: 2nd amended complaint filed by the State.
02/22/2023	Kelly, George Alan	Bond posted (surety) for the amount of $1,000,000.00
02/22/2023	Kelly, George Alan	Preliminary hearing held.
02/22/2023	Kelly, George Alan	Scheduled - Preliminary hearing.
02/22/2023	State of Arizona	Response filed: Amended response filed by the state.
02/21/2023	Kelly, George Alan	Response filed: Opposition to motion to modify release conditions.
02/21/2023	State of Arizona	Complaint amended.
02/09/2023	Kelly, George Alan	Motion Filed: Motion to modify conditions of release.
02/08/2023	Kelly, George Alan	Notice of appearance filed.
02/08/2023	Kelly, George Alan	Miscellaneous: Media/Camera request form by News Nation
02/07/2023	Kelly, George Alan	Preliminary hearing continued.
02/07/2023	Kelly, George Alan	Motion filed: Motion to continue.
02/02/2023	Kelly, George Alan	Hearing held.
02/02/2023	Kelly. George Alan	Long form complaint filed.
01/30/2023	Kelly, George Alan	Cases related. J1201CF2023000041 - J1201IA2023000032
02/02/2023	Kelly, George Alan	Miscellaneous: Media/Camera request form by Nogales International
02/02/2023	Kelly, George Alan	Hearing - Arraignment
01/31/2023	Kelly. George Alan	Initial appearance.

 

[NuttMegg]

Thanks! Here’s the English version…

Death and Justice on the Border: A Migrant Is Killed, a Rancher Is Charged

KINO SPRINGS, Ariz. — Gabriel Cuen-Buitimea was slipping across a rancher’s land near the border with Mexico when the shooting started. “I’m hit,” he said, before his eyes rolled back and he crumpled face down by a mesquite tree. To the sheriff in rural Santa Cruz County, Arizona, this account...

news.yahoo.com

So weird all I get is a bunch of yahoo links in spanish. Must be cuz I'm not in the states.

The NYT link works if you haven't reached the monthly limit

Death and Justice on the Border: A Migrant Is Killed, a Rancher Is Charged (Published 2023)

An unarmed Mexican man was shot as he crossed an Arizona ranch. The case against the ranch owner has prompted a backlash among supporters who say he is the real victim.

www.nytimes.com

 

[NuttMegg]

State of Arizona Vs. George A. Kelly - CR-23-0026 | Santa Cruz County, AZ - Official Website

High-Interest Case

www.santacruzcountyaz.gov

CR-23-0026​

Documents filed in connection with the case​

Date	Party	Description
05/17/2023	State of Arizona	Minute Entry: Motion
05/17/2023	State of Arizona	Hearing: Motion
05/16/2023	Kelly, George Alan	Notice: Appearance
05/08/2023	State of Arizona	Motion: Strike
04/28/2023	State of Arizona	Miscellaneous: Supplement to.
04/28/2023	State of Arizona	Response: Response.
04/28/2023	State of Arizona	Response: To motion.
04/28/2023	State of Arizona	Notice: Appearance.
04/27/2023	Kelly, George Alan	Order: Setting.
04/18/2023	Kelly, George Alan	Motion: Motion.
04/18/2023	Kelly, George Alan	Miscellaneous: Supplement to motion
03/06/2023	Kelly, George Alan	Hearing: Arraignment
03/03/2023	Kelly, George Alan	Motion: Motion.
02/27/2023	State of Arizona	Notice: Disclosure.
02/27/2023	State of Arizona	Charging document: Information
02/27/2023	Kelly, George Alan	Transfer to Superior Court. (Superior Court Case number CR-23-026)
02/24/2023	Kelly, George Alan	Evidentiary hearing.
02/23/2023	Kelly, George Alan	Order: Order denying.
02/23/2023	Kelly, George Alan	Motion filed: Motion to continue filed by defense counsel.
02/23/2023	Kelly, George Alan	Complaint amended: 2nd amended complaint filed by the State.
02/22/2023	Kelly, George Alan	Bond posted (surety) for the amount of $1,000,000.00
02/22/2023	Kelly, George Alan	Preliminary hearing held.
02/22/2023	Kelly, George Alan	Scheduled - Preliminary hearing.
02/22/2023	State of Arizona	Response filed: Amended response filed by the state.
02/21/2023	Kelly, George Alan	Response filed: Opposition to motion to modify release conditions.
02/21/2023	State of Arizona	Complaint amended.
02/09/2023	Kelly, George Alan	Motion Filed: Motion to modify conditions of release.
02/08/2023	Kelly, George Alan	Notice of appearance filed.
02/08/2023	Kelly, George Alan	Miscellaneous: Media/Camera request form by News Nation
02/07/2023	Kelly, George Alan	Preliminary hearing continued.
02/07/2023	Kelly, George Alan	Motion filed: Motion to continue.
02/02/2023	Kelly, George Alan	Hearing held.
02/02/2023	Kelly. George Alan	Long form complaint filed.
01/30/2023	Kelly, George Alan	Cases related. J1201CF2023000041 - J1201IA2023000032
02/02/2023	Kelly, George Alan	Miscellaneous: Media/Camera request form by Nogales International
02/02/2023	Kelly, George Alan	Hearing - Arraignment
01/31/2023	Kelly. George Alan	Initial appearance.

Did anything important happen in those last couple of entries in May? Can't open .gov either, until I can access a vpn tomorrow

 

[Cool Cats]

Did anything important happen in those last couple of entries in May? Can't open .gov either, until I can access a vpn tomorrow

2nd to last just goes to the Court Website for some reason but the last one is interesting, see below:

 

[NuttMegg]

2nd to last just goes to the Court Website for some reason but the last one is interesting, see below:

Thanks, Cool Cats. Ms. Larkin seems to be a real advocate for Kelly. I guess the previous motions must go into the "why" she wants to disqualify the magistrate and the other entity. I:ll get caught up over the weekend.

 

[JerseyGirl]

Key witness in Nogales rancher murder trial previously smuggled cannabis across border

The man is the only publicly known witness to Gabriel Cuen Buitimea's death and a central figure in the state’s case.

news.yahoo.com

Kelly is scheduled to stand trial Sept. 6 in Santa Cruz County Superior Court, Nogales International reported.

 

[Cryptic]

Sounds as if jmho Mr. Hathaway doesn't view trespassing on someone else's property as a problem.

He could have permission from the land owners, be walking on public roads (dirt roads across private ranch land can still be public- or they can be private), or....

As a trivial side note, be walking for miles in an unfenced dry wash across private land.

'Navigable' (nothing to do with boats) streams, dry washes, river bottoms etc are public in AZ and in other states influenced by Spanish land laws. Exceptions do exist such as land grant properties, but they are rare.

 

[Cryptic]

you know what they say about statistics...

I live in a 90% Hispanic area, speak fluent Spanish and have been mistaken for being Hispanic- well, untill the inevitable grammar, local vocabulary mistakes come up.

From what I have heard around me and from discussuions that I have had, Hispanic opinions regarding mass migration are extremely varied and... can also be subject to change very quickly.

As a side note, when I lived in San Diego, the woman I knew who brought home made cookies, tacos and verbal encouragement to Border Patrol officers was Hispanic.

Her husband, also Hispanic, worked construction and had seen his wages fall by two thirds due to competition from migrants.

 

[Laughing]

Per GoogleMaps, the events in the Border Patrol video occurred about 160 miles from Kino Springs:

Armed smugglers caught on Border Patrol video

In recent months KOLD News 13 has been showing video and pictures of large groups of asylum seekers illegally crossing into Arizona from Mexico...but Tuesday night there is new video showing the dangers of armed human smugglers.

www.kold.com

The two named towns are in different counties.

Just the situation at the border.

jmho ymmv lrr

 

[shotgun09]

Rancher's murder trial to proceed

George Alan Kelly’s second-degree murder trial is set to proceed after a reluctant eye-witness agrees to testify in border shooting.

www.azpm.org

"Last week prosecutor Kimberly Hunley told the judge in the case that the eye witness had been reluctant to testify and if he were to become unavailable, the state would move to dismiss the case until they could get him to cooperate.

There was previously a second eye witness for the state. But the state filed a motion last week to dismiss a second aggravated assault charge due to not being able to find that witness."

Trial is set for September 6th, per Court site:

CR-23-0026

Jury selection is scheduled for Wednesday, September 6th, at 8:30 a.m. through Thursday, September 7th, 2023, at noon.​

Please know that during the jury selection process, sitting for the public will be limited as most of the seats will be occupied by prospective jurors.​

The jury trial will officially start with opening statements on Thursday, September 7th, 2023, at 1:30 p.m. ​

CR-23-0026 | Santa Cruz County, AZ - Official Website​

 

[JerseyGirl]

Murder trial delayed for Arizona rancher accused of killing Mexican citizen

The Arizona Court of Appeals has granted a stay in the murder trial of the Nogales-area rancher accused of killing a Mexican citizen in January.

www.usatoday.com

The trial was postponed to Sept. 26.

 

[JerseyGirl]

Prosecutors argue to include inflammatory texts in Nogales rancher murder trial

Prosecutors asked the appeals court to overturn an earlier decision and allow the messages in George Alan Kelly's trial.

www.azcentral.com