AZ - Gabriel Cuen-Buitimea, allegedly shot and killed with an AK-47 by rancher George Alan Kelly, 75, Kino Springs, Jan 2023

[NuttMegg]

Given his age I’ve thought that may play a role in his getting a defense if he only has SS income.

he has enough to sue others for the failure of his tourism plans. How was he going to pay for 5 satellite homes on the property to house tourists, how was he going to develop a horse riding business, hiking, astronomy, etc. How was he planning to pay even the costs of security required anywhere in the usa to protect his property and clients and their belongings, liability insurance, cooks, cleaning people, professional guides. (Docs posted earlier on this thread.)

 

[NuttMegg]

I have seen no indication that his attorney is a public defender. The fact that there are fund raising efforts would indicate his attorney is a private attorney. I can't imagine he would qualify for a PD.

In the Kohberger case he is being represented by a private attorney, yet paid for by the state. Iirc it has something to do with the need for a death penalty qualified attorney.

But I too can't imagine how he could qualify for free services. (Kelly).

 

[PrairieWind]

In the Kohberger case he is being represented by a private attorney, yet paid for by the state. Iirc it has something to do with the need for a death penalty qualified attorney.

But I too can't imagine how he could qualify for free services. (Kelly).

Lots of public defenders are contracted attorneys. But I have seen nothing to indicate Kelly's attorney is a public defender, contracted or salaried.

 

[WingsOverTX]

I have seen no indication that his attorney is a public defender. The fact that there are fund raising efforts would indicate his attorney is a private attorney. I can't imagine he would qualify for a PD.

A link I posted earlier says his attorney is a PD. Maybe it's an error?

I don't know how he qualifies for a PD.

"Attorney Brenna Larkin, who was appointed by the court to represent Kelly, said in her request that her client “admitted to firing warning shots at the smugglers earlier in the day, but denied firing any shot at any person."

Arizona rancher denies killing Mexican shot dead by border

The lawyer for and Arizona rancher being held on $1 million bond in the fatal shooting of a Mexican on his border property says her client did not shoot and kill the man but did fire warning shots earlier in the day at some armed smugglers he encountered

abcnews.go.com

 

[PrairieWind]

A link I posted earlier says his attorney is a PD. Maybe it's an error?

If someone has access to the court filings, there should either be an order appointing counsel or just an entry of appearance by private counsel. I am willing to bet she is just a privately retained attorney.

 

[everybodhi]

A link I posted earlier says his attorney is a PD. Maybe it's an error?

I’m just going to go ahead and chalk this up in my “the media is wrong again“ tally unless there’s a reported side scandal of raising legal donations after qualifying for a public defender.

 

[RANCH]

If someone has access to the court filings, there should either be an order appointing counsel or just an entry of appearance by private counsel. I am willing to bet she is just a privately retained attorney.

Looks like Brenna Larkin was appointed in a limited capacity and then she filed a notice of appearance to represent Mr Kelly.

The undersigned was appointed in a limited capacity to represent Mr. Kelly in this case. Mr.Kelly does not qualify for court appointed counsel, and is in the process of procuring counsel to represent him.

https://santacruzcountyaz.gov/DocumentCenter/View/16664/Motion-to-Continue-CF20230000410001

https://santacruzcountyaz.gov/DocumentCenter/View/16673/CF-23-0041-NOTICE-OF-APPEARANCE

 

[RANCH]

I wanted to find information about Santa Cruz County AZ Public Defenders office and I don't see them having one. Do they appoint private defense attorney's instead of having public defenders on staff?

Court Services | Santa Cruz County, AZ - Official Website

Get information about the services provided by the court precincts of Santa Cruz County.

www.santacruzcountyaz.gov

 

[everybodhi]

I wanted to find information about Santa Cruz County AZ Public Defenders office and I don't see them having one. Do they appoint private defense attorney's instead of having public defenders on staff?

Court Services | Santa Cruz County, AZ - Official Website

Get information about the services provided by the court precincts of Santa Cruz County.

www.santacruzcountyaz.gov

The county site links to the AZ public defenders association website but unfortunately that site has no link for Santa Cruz County so I guess you just have to ask a judge if you need one.

It is the smallest county by area in the state and has less than 50,000 people.
Interestingly, 87.8% of the population are Hispanic or Latino of any race, only 19.5% of the population reported speaking English at home.

Santa Cruz County Superior Court

Arizona Public Defender Services
The Arizona Public Defender Association offers contact information and links for Public Defender offices by city and county. Public Defender services include free or low-cost representation in criminal defense, mental health, and juvenile matters for income-eligible clients.
» STATEWIDE OFFICES

 

[everybodhi]

I wonder if a change of venue will be requested by the defense, Santa Cruz being such a small county and majority Hispanic/Latino everyone must already have an opinion on this case. Other places in AZ may be to their advantage.
Jmo

https://www.census.gov/quickfacts/AZ

 

[cvaldez1975]

Wait, are we talking about the same case? Wasn't she killed?

yes sorry it was mentioned a few replies up.

 

[PrairieWind]

I wanted to find information about Santa Cruz County AZ Public Defenders office and I don't see them having one. Do they appoint private defense attorney's instead of having public defenders on staff?

Court Services | Santa Cruz County, AZ - Official Website

Get information about the services provided by the court precincts of Santa Cruz County.

www.santacruzcountyaz.gov

Quite possible. States run PD offices differently but in smaller counties it often doesn't make much fiscal sense to have an actual salaried government employed public defender. So that work is just contracted out to local attorneys. But I still don't see any indication of even that here.

 

[PrairieWind]

I wonder if a change of venue will be requested by the defense, Santa Cruz being such a small county and majority Hispanic/Latino everyone must already have an opinion on this case. Other places in AZ may be to their advantage.
Jmo

https://www.census.gov/quickfacts/AZ
View attachment 409371

You can't get a change of venue based on racial make up of the area. But honestly, they may not want to change venues.

 

[cvaldez1975]

Quite possible. States run PD offices differently but in smaller counties it often doesn't make much fiscal sense to have an actual salaried government employed public defender. So that work is just contracted out to local attorneys. But I still don't see any indication of even that here.

in the small county in ca i grew up in, they had a PD office but they also contracted in case there was a conflict (haha common in small counties!)

 

[PrairieWind]

in the small county in ca i grew up in, they had a PD office but they also contracted in case there was a conflict (haha common in small counties!)

Practicing law in small communities is a challenge because its almost impossible to not have conflicts. And if you have one PD, but a crime that involves two defendants, then you have to bring in someone else.

 

[AzPistonsGirl]

OT: Santa Cruz county is one of like 3 counties in Arizona where there is no reservation land. Throw that in your trivia hat.

 

[everybodhi]

You can't get a change of venue based on racial make up of the area. But honestly, they may not want to change venues.

Oh of course, I know they wouldn’t use racial demographics as an argument but pre trial publicity.
So you think there’s no problem with the local population providing a jury that will possibly rule in favor of the rancher’s actions?

 

[worm]

Oh of course, I know they wouldn’t use racial demographics as an argument but pre trial publicity.
So you think there’s no problem with the local population providing a jury that will possibly rule in favor of the rancher’s actions?

If the jury has the same opinions of the area as I’ve read from war zone to peace in the valley then this will never be settled.

 

[PrairieWind]

Oh of course, I know they wouldn’t use racial demographics as an argument but pre trial publicity.
So you think there’s no problem with the local population providing a jury that will possibly rule in favor of the rancher’s actions?

I think it is a mistake to just assume that a hispanic population would mean more likely to convict here. It is more complicated. Many Mexican-Americans and legal immigrants are very anti-illegal immigration. Plus many land owners from the area would possibly be very sympathetic to Kelly's situation. But like in any case, and jury will be questioned about if they can be fair and decide based upon the evidence.

 

[WingsOverTX]

If the jury has the same opinions of the area as I’ve read from war zone to peace in the valley then this will never be settled.

Great post!