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

[Cool Cats]

George Alan Kelly: Wife could be deposed in upcoming trial

A recent court ruling will allow Santa Cruz County prosecutors to depose Wanda Kelly – something that would require her to testify in her husband’s own murder trial.

www.nogalesinternational.com

Appeals court hands down pre-trial win for prosecution​

• By Angela Gervasi Nogales International
• Nov 13, 2023 Updated Nov 17, 2023

George Alan Kelly, second from left, walks out of Arizona Court of Appeals in September.

 

[NuttMegg]

George Alan Kelly: Wife could be deposed in upcoming trial

A recent court ruling will allow Santa Cruz County prosecutors to depose Wanda Kelly – something that would require her to testify in her husband’s own murder trial.

www.nogalesinternational.com

Appeals court hands down pre-trial win for prosecution​

• By Angela Gervasi Nogales International
• Nov 13, 2023 Updated Nov 17, 2023

George Alan Kelly, second from left, walks out of Arizona Court of Appeals in September.

Very encouraging and warranted news. Iirc she said her husband went out to hunt down the people on his land, paraphrased. I've been wondering why her testimony wouldnt be required, since essentially she already spoke out to officials regarding her husband's intentions.

Imo

 

[Cool Cats]

Wed, January 3, 2024

Nogales rancher George Alan Kelly rejects plea deal in murder case; trial date set​

MSN

- Arizona Republic

NOGALES — George Alan Kelly rejected a guilty plea deal offered Wednesday by state prosecutors and a March trial date was set.

Kelly rejected a plea deal that would have reduced his charges down to one count of negligent homicide if he accepted the deal and pleaded guilty Wednesday.

Kimberly Hunley, chief deputy Santa Cruz County attorney, submitted the plea deal on Nov. 20.
“If the defendant doesn't take it and go into custody today, it goes away,” Hunley said.

Kelly, 75, is facing one count each of second-degree murder and aggravated assault.

Aggravated assault carries a sentencing range of 5 years to 15 years while second-degree murder carries a range of 10 years to 25 years.

 

[Cool Cats]

How many years would the plea deal have gotten him?

 

[shotgun09]

How many years would the plea deal have gotten him?

From the article posted:

"One count of negligent homicide carries a sentencing range of four years to eight years. "

 

[shotgun09]

Finally! An actual date has been posted for the trial. BBM

"The 75-year-old rancher learned his new trial date, which will be March 21st."

Border rancher charged with murder rejects plea offer

George Kelly will likely have a three-week murder trial at the Santa Cruz County Superior Court starting in late March, after allowing a plea offer to expire.

www.kold.com

" “Yes, your honor, we have discussed that plea with Mr. Kelly. It is his intention to reject that plea,” said defense attorney Brenna Larkin, who also attended remotely.

The trial starts with two days of jury selection and will have eight jurors and four alternates. "

 

[Cool Cats]

Trial starts for Arizona border rancher charged with killing migrant on his property

An Arizona rancher went on trial Friday in the fatal shooting of a migrant on his property near Mexico, with his defense attorney maintaining his innocence as the national debate over border security heats up ahead of this year's presidential election. George Alan Kelly, 75, has been charged...

news.yahoo.com

 

[Cool Cats]

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives​

Posted: 1:44 PM, Mar 22, 2024
Updated: 9:33 PM, Mar 22, 2024

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives

George Kelly, rancher on trial for killing an undocumented border crosser on his land had no justification to pull the trigger, according to prosecution. Defense argues he shot out of fear.

www.kgun9.com

SANTA CRUZ COUNTY, Ariz. (KGUN) — Was Santa Cruz County rancher George Alan Kelly an angry man, eager to be aggressive against smugglers crossing his property? Or was he a frightened man just trying to scare off intruders by carefully firing his gun in the air?

Those are the two images of Kelly being painted as his second degree murder trial began over charges of killing a border crosser on his property.

 

[Laughing]

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives​

Posted: 1:44 PM, Mar 22, 2024
Updated: 9:33 PM, Mar 22, 2024

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives

George Kelly, rancher on trial for killing an undocumented border crosser on his land had no justification to pull the trigger, according to prosecution. Defense argues he shot out of fear.

www.kgun9.com

SANTA CRUZ COUNTY, Ariz. (KGUN) — Was Santa Cruz County rancher George Alan Kelly an angry man, eager to be aggressive against smugglers crossing his property? Or was he a frightened man just trying to scare off intruders by carefully firing his gun in the air?

Those are the two images of Kelly being painted as his second degree murder trial began over charges of killing a border crosser on his property.

Yet, county officials seem very, very uninterested in the subject of the trespassers!

Arizona Trespass Laws | Criminal Trespass (A.R.S. 13-1502-1504)

Charged with Criminal Trespass In Arizona per A.R.S. §13-1504? Call DM Cantor for a free initial consultation with a defense attorney at 602-307-0808 now!

dmcantor.com

Trespass is a crime in Arizona.

This one is NOT like the 'chicken & the egg' question --

The trespassers came first, before the rifle fire.

No trespass, no shot.

The deceased in the case died in Arizona in the commission of a crime.

Justice for Mr. (and Mrs. Kelly) and thousands of others near our borders.

jmho ymmv lrr

 

[Laughing]

Updates???

 

[Eli9]

Updates???

For whatever reason I think this trial runs Tuesday's through Friday's. I'll see if I can find a link.

ETA

Trial starts for Arizona border rancher charged with killing migrant on his property

An Arizona rancher has gone on trial in the fatal shooting of a migrant on his property near Mexico

abcnews.go.com

The jury trial in Santa Cruz County Superior Court is expected to last up to a month until around April 19, with proceedings held four days a week with Mondays off.

 

[NuttMegg]

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives​

Posted: 1:44 PM, Mar 22, 2024
Updated: 9:33 PM, Mar 22, 2024

Anger or fear? Attorneys in migrant killing trial make cases around defendants' motives

George Kelly, rancher on trial for killing an undocumented border crosser on his land had no justification to pull the trigger, according to prosecution. Defense argues he shot out of fear.

www.kgun9.com

SANTA CRUZ COUNTY, Ariz. (KGUN) — Was Santa Cruz County rancher George Alan Kelly an angry man, eager to be aggressive against smugglers crossing his property? Or was he a frightened man just trying to scare off intruders by carefully firing his gun in the air?

Those are the two images of Kelly being painted as his second degree murder trial began over charges of killing a border crosser on his property.

Ask his wife. Para, didn't she admit he went out to hunt them? Did the defense get that supressed? But thanks for the updates. (Really)

 

[NuttMegg]

For whatever reason I think this trial runs Tuesday's through Friday's. I'll see if I can find a link.

ETA

Trial starts for Arizona border rancher charged with killing migrant on his property

An Arizona rancher has gone on trial in the fatal shooting of a migrant on his property near Mexico

abcnews.go.com

The jury trial in Santa Cruz County Superior Court is expected to last up to a month until around April 19, with proceedings held four days a week with Mondays off.

I can't visualize what will fill that length of time, even w 4 days a week.

 

[Eli9]

I can't visualize what will fill that length of time, even w 4 days a week.

I think I remember reading that the defense is bringing in an expert (in what I can't remember) witness, the prosecution will have their witness from the group on the day of the shooting. We will probably hear the interviews, 911 call, but yeah it shouldn't take that long.

 

[NuttMegg]

 

[Eli9]

It looks like court tv will be providing daily updates.
Here is DAY 1
3/22/2024

AZ v. George Kelly: Border Migrant Murder Trial

Arizona rancher George Alan Kelly is accused of killing a Mexican man on his land near the U.S.-Mexico border.

www.courttv.com

Prosecutor Kimberly Hunley said Kelly shot at Gabriel Cuen-Buitimea and Daniel Ramirez without warning or provocation from 115 yards away, then gave conflicting statements that exaggerated the threat they posed. In a call with a dispatcher, he called the victim an “animal.”

• Hunley said Kelly had nothing to fear from them as they walked past his property following a brush with border agents that separated them from their group and made them decide to return to Mexico so they could try the journey into the United States for work another day.
  • Hunley said injuries to the victim’s body combined with ballistics evidence on Kelly’s patio suggest Kelly shot at him from the patio and that Cuen-Buitimea was not shot at from close range.
• Defense lawyer Breanna Larkin said Gabriel Cuen-Buitimea’s clothing, radio and pictures on his phone suggest he was a trafficker who was shot by someone else and left on Kelly’s property.
• Daniel Ramirez was one of at least three people who claimed to witness the shooting but he made several verifiably false claims that suggest he wasn’t actually there, the defense lawyer said.
• Kelly was living in a state of fear of armed traffickers who regularly crossed his property and on one occasion shot at him, Larkin said.
• Kelly never denied firing a warning shot into the air after he saw a group of armed men wearing backpacks on his property, one of whom pointed a gun at him, but Larkin said law enforcement twisted Kelly’s words to make it sound like he admitted to firing at the men without provocation.

 

[Laughing]

Hunley said Kelly had nothing to fear from them as they walked past his property following a brush with border agents that separated them from their group and made them decide to return to Mexico so they could try the journey into the United States for work another day.


Injured/killed while committing a crime...oh but Ms. Hunley, the group was ON Mr. Kelly's property, trespassing on Mr. Kelly's property, at best. Not past Mr. Kelly's property, on Mr. Kelly's property.

Ms. Hunley, how would you feel about these men walking across YOUR yard??

jmho ymmv lrr

 

[Eli9]

Day 2

Witness testimony begins in trial of rancher accused of killing border crosser

Witness testimony began Tuesday in the murder trial of Santa Cruz County rancher George Alan Kelly. His lawyers are suggesting maybe someone shot the victim before Kelly even picked up his gun.

www.kgun9.com

Defense attorneys say Kelly heard a gunshot before he brought out his rifle and fired over the heads of the men who were more than a football field away

Because the fatal shot went through the man and kept going, the bullet was never recovered, so it was never tested for a match to Kelly’s gun.

[apparently the backpack worn by GCB was up covering his head and was unzipped]

Lawthorp: Did you notice the backpack was unzipped?
Felix: “No.”

 

[fred&edna]

If I heard a gunshot/s from somewhere on my property (near my home), and I knew these law-breaking trespassers were firing a gun... I'd be tempted to warn them away (just as Kelly did... firing into the air). Inviting these trespassers (equipped with their guns) into my home for some tea and cookies.... ain't happein. jmo

 

[fred&edna]

I found this 2013 news report quite interesting... I could be wrong, but.. believe this is Kelly's defense attorney.

Tuff-N-Uff Champion Brenna Larkin on Mastering Law, MMA and Fear

Three years ago I traveled deep into the desert of Lordsburg , New Mexico. Once there, I traveled to the wrong side of the tracks to catch a humble amateur MMA event known as the XCFC ...

bleacherreport.com