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

[Cryptic]

I believe the term "unique circumstances" really means...
" We have absolutely NOTHING to prove his guilt "

As the cosmically high Led Zeppelin song Stairway to Heaven says: "Sometimes words have two meanings."

That aside, I see the reference to unique circumstances as a veiled warning:

Our decision not to prosecute this to a conclusion pertains to this case only- Dont think that you pull the same thing and experience the same result, let alone a better result.

 

[PrairieWind]

As the cosmically high Led Zeppelin song Stairway to Heaven says: "Sometimes words have two meanings."

That aside, I see the reference to unique circumstances as a veiled warning:

Our decision not to prosecute this to a conclusion pertains to this case only- Dont think that you pull the same thing and experience the same result, let alone a better result.

I don't think a county attorney should be sending warnings to his citizens after just losing a case, largely due to poor work by the county. There is a bad dynamic going on down there right now and those folks have to get it figured out.

 

[SteveS]

I think the judge should dismiss the case with prejudice, in recognition of the DA's demonstration of willingness to make a citizen defend against very serious charges with such a paucity of proof of anything.

GCB died. How he died, there was never enough evidence to know what happened. Just guesses. And lots of DA spin to try to make their own "facts." They put Kelly on trial anyhow.

This was a politically-fueled prosecution - the same sort of approach they used to use with lynchings, where you punish first and look for facts later (or never). And there's no statement the DA has learned a lesson and repented. The same politics is still in play.

Having a sword of casual prosecution, continue to hang over Kelly's head for this tragedy, merely awaiting a new whim by the DA, that is just wrong. This case should NEVER have been brought, and the judge needs to man up and prevent it from re-occurring by making the dismissal with prejudice. imo

 

[PrairieWind]

I think the judge should dismiss the case with prejudice, in recognition of the DA's demonstration of willingness to make a citizen defend against very serious charges with such a paucity of proof of anything.

GCB died. How he died, there was never enough evidence to know what happened. Just guesses. And lots of DA spin to try to make their own "facts." They put Kelly on trial anyhow.

This was a politically-fueled prosecution - the same sort of approach they used to use with lynchings, where you punish first and look for facts later (or never). And there's no statement the DA has learned a lesson and repented. The same politics is still in play.

Having a sword of casual prosecution, continue to hang over Kelly's head for this tragedy, merely awaiting a new whim by the DA, that is just wrong. This case should NEVER have been brought, and the judge needs to man up and prevent it from re-occurring by making the dismissal with prejudice. imo

I would thing the judge should ask the prosecutor for any reason it should NOT be dismissed with prejudice. See what they say. I think it is largely irrelevant since i don't think a re-prosecution would be allowed at this point (or at least survive appellate review). But that doesn't mean people wont pressure for it.

 

[Cryptic]

I don't think a county attorney should be sending warnings to his citizens after just losing a case, largely due to poor work by the county. There is a bad dynamic going on down there right now and those folks have to get it figured out.

My guess is that he might be looking beyond a win / loss ratio.

Rather. he could be thinking of people who might view the case as precedent setting and could view authorities as tacitly stating that juries are unwilling to convict those accused of shooting trespassers. Thus, they now have a "green light" to shoot at the next group.

Rather, the warning, could me more of a gentle admonishment along the lines of:

- Our decision to cease prosecuting was due to special circumstances in this individual case. Don't listen to the 'You Tube' militia guru talking about some sort of precedent setting "citizen's nullification". There is no green light to shoot trespassers via a "wink-nod" understanding, citizens nullification or any thing else. Very willing to prosecute the next case!

 

[shotgun09]

It is my opinion that the state knew full well that they had no case against GAK when they couldn't produce the projectile. It didn't matter by then. They had a point to make. This was purely 'lawfare', against a US citizen. Break the man, break his spirit, break his bank accounts, but make your point. And that point was " Don't defend yourself ". I am not so sure it worked for them, though.

MOO and Peace

 

[PrairieWind]

My guess is that he might be looking beyond a win / loss ratio.

Rather. he could be thinking of people who might view the case as precedent setting and could view authorities as tacitly stating that juries are unwilling to convict those accused of shooting trespassers. Thus, they now have a "green light" to shoot at the next group.

Rather, the warning, could me more of a gentle admonishment along the lines of:

- Our decision to cease prosecuting was due to special circumstances in this individual case. Don't listen to the 'You Tube' militia guru talking about some sort of precedent setting "citizen's nullification". There is no green light to shoot trespassers via a "wink-nod" understanding, citizens nullification or any thing else. Very willing to prosecute the next case!

And that would be ok, but you notice there is no similar warning that people should not trespass on other's property, that being involved in criminal activity can lend one susceptible to other dangers. No statement that the county will work to help protect citizens homeowners from the dangers they face. No, this comment was meant was fully one sided and there is the part of the problem this county is facing.

 

[fred&edna]

It is my opinion that the state knew full well that they had no case against GAK when they couldn't produce the projectile. It didn't matter by then. They had a point to make. This was purely 'lawfare', against a US citizen. Break the man, break his spirit, break his bank accounts, but make your point. And that point was " Don't defend yourself ". I am not so sure it worked for them, though.

MOO and Peace

They had nothing to prove Kelly caused the death of GAK which prompted the sheriff to head over the border and rustle-up a "witness"

 

[fred&edna]

I just realized I used the wrong initials in the post above but it's too late to edit, ugh. (I meant GCB not GAK). I was watching a replay of the sheriff on the stand being questioned by Larkin while typing... it drove me to typos! lol

 

[Cryptic]

And that would be ok, but you notice there is no similar warning that people should not trespass on other's property, that being involved in criminal activity can lend one susceptible to other dangers. No statement that the county will work to help protect citizens homeowners from the dangers they face. No, this comment was meant was fully one sided and there is the part of the problem this county is facing.

I can agree that similar warnings should be given. Maybe posted in Spanish (and a variety of other languages) in Mexico and along the border fence area?

Likewise, the county should make an effort to respond to trespassers. Their response is probably going to be of limited effectiveness given that a federal decision has essentially opened the border.

 

[PrairieWind]

I can agree that similar warnings should be given. Maybe posted in Spanish (and a variety of other languages) in Mexico and along the border fence area?

Likewise, the county should make an effort to respond to trespassers. Their response is probably going to be of limited effectiveness given that a federal decision has essentially opened the border.

It is a mess in part due to different jurisdiction/responsibilities. From what I have heard, Kelly had a pretty good relationship with the Border Patrol guys, providing access etc. I don't know what his relationship was with the Sheriff's Office and he likely would have had far less dealings with them anyway. It just seems that once the body was discovered, the Sheriff, who would have jurisdiction at that point, just focused on convicting Kelly, and didn't even do a very good job of that.

 

[shotgun09]

MOO
A 'Lawfare definition', From the mouth of George Alan Kelly himself.

 

[fred&edna]

I'm proud that I donated to his defense fund. I'd volunteer to go to AZ and help M/M Kelly protect what little the government has left to them, if I could.

Shameful this could happen to any of us.

jmo

 

[SteveS]

MOO
A 'Lawfare definition', From the mouth of George Alan Kelly himself.

This is frustrating to hear, that you can be targeted by biased political people with some power and an agenda, who don't care about justice or the truth, and lose EVERYTHING you worked hard for.

What does someone do? I wonder if a Go Fund Me campaign could be a solution for the Kelly's and their legal expenses.

 

[PrairieWind]

This is frustrating to hear, that you can be targeted by biased political people with some power and an agenda, who don't care about justice or the truth, and lose EVERYTHING you worked hard for.

What does someone do? I wonder if a Go Fund Me campaign could be a solution for the Kelly's and their legal expenses.

It would be interesting to see if would allow it.

 

[fred&edna]

This is frustrating to hear, that you can be targeted by biased political people with some power and an agenda, who don't care about justice or the truth, and lose EVERYTHING you worked hard for.

What does someone do? I wonder if a Go Fund Me campaign could be a solution for the Kelly's and their legal expenses.

There is a public fund for them at GiveSendGo .
The donation site is not for everyone but I thought The Kelly's were worth it... that's all I was there for!

jmo

 

[fred&edna]

The sheriff owns acres and acres and acres not too far from Kelly's property... and we know he's real friendly with those across the border (if not his own neighbors on this side of the wall).

jmo

 

[shotgun09]

The sheriff owns acres and acres and acres not too far from Kelly's property... and we know he's real friendly with those across the border (if not his own neighbors on this side of the wall).

jmo

I wonder if the sheriff has given any interviews, since the Mistrial, and dropping of the charges.
I need to go back and watch his testimony again. And listen carefully to the juror questions also...( Now that we know the outcome )

 

[fred&edna]

I wonder if the sheriff has given any interviews, since the Mistrial, and dropping of the charges.
I need to go back and watch his testimony again. And listen carefully to the juror questions also...( Now that we know the outcome )

Well, worth re-watching so many parts of that trial. Some of those jurors seemed quite insightful (per their questions). I hope the Santa Cruz Co court YT channel leaves those videos up.

 

[Tbone144]

Mexico to sue Arizona rancher accused of fatally shooting migrant—attorney

Prosecutors said they wouldn't seek to retry George Alan Kelly over the fatal shooting of Gabriel Cuen-Buitimea.

www.newsweek.com

But Mexico is working with Cuen-Buitimea's family to sue Kelly, according to attorney Breanna Larkin.