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

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PriorTheCreator

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Arizona prosecutors say rancher 'hunted' Mexican migrants
Kelly, 73, is in custody on a single murder charge for shooting Gabriel Cuen-Butimea, on January 30. He told police and border patrol agents that he fired warning shots when he saw Cuen-Butimea and at least eight other Mexican men running through his land.

Prosecutors however say Kelly - who has no criminal history and lives alone with his wife Wanda - deliberately 'hunted' the men down with an AK-47, and that he later changed his story multiple times while speaking with police and border patrol.

Thread #1
 
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www.newsnationnow.com

Arizona rancher case highlights danger at US-Mexico border

The cartel operations along the border and the fight against them is ongoing.
www.newsnationnow.com
If you don’t deal with the cartel, it can be hard to cross the southern border, NewsNation has learned. At least, that’s what some people in Kino Springs, Arizona — near the ranch where authorities say 74-year-old George Alan Kelly shot and killed a Mexican citizen — are saying.
.....
In fact, no bullet has been found in connection to Cuen-Buitimea’s death. The only things reportedly found on him were a radio and tactical boots. However, both witnesses claimed Cuen-Buitimea was wearing a camo backpack and waist bag when they were with him— leaving questions about where the bags went.

NewsNation reached out to several family members of the victim but has not heard back. However, the Mexican foreign ministry says it is supporting the victim’s daughter and helping her get to court hearings.
 
More info about Gabriel Cuen-Buitimea in this Google translated article:

Buaysiacobe is a peasant town of just over 4,000 inhabitants in the south of the Mexican state of Sonora, about 8 hours by road from the border with the United States.

Gabriel Cuen Buitimea was born there 48 years ago, in a house made of adobe where his mother, his widow, and some of his six siblings still live.

Father of 7 children, Gabriel died on January 30 on a 68-hectare ranch in Kino Springs, on the border with Mexico in the state of Arizona (USA).
....
Before hanging up, he tells us that Gabriel was the main support for his 80-year-old mother , who had a heart condition, to whom he sent part of the little he earned as a day laborer.

His first cousin, Juan Manuel Buitimea, corroborated this information: "éÉ was the one who was most devoted to my aunt, the one who was most attentive to her; he spoke to her on the phone and always sent her his fair (money)".
www-bbc-com.translate.goog

El caso de Gabriel Cuen, el migrante mexicano que murió por un disparo en el rancho fronterizo de un granjero en Arizona - BBC News Mundo

BBC Mundo habló con sus familiares y un excomisario de su ciudad natal para averiguar quién era la víctima y así arrojar luz al suceso.
www-bbc-com.translate.goog www-bbc-com.translate.goog
 
US Self-Defense Law Is Neither Overly Harsh Nor Disappearing - Law360

..the core elements of self-defense laws in the U.S. are very similar among states. Even more to the point, U.S. self-defense laws have stood largely unchanged since the country's founding.

U.S. Self-Defense Law — Summarized

By way of a brief primer, U.S. state laws generally provide that, once a defendant has introduced sufficient evidence to support a self-defense claim, the prosecutor must disprove self-defense beyond a reasonable doubt.

Turning to the core substantive elements, U.S. self-defense laws, allowing for some variability among states, permit defensive force when the following elements are met:
  • Attack: The defendant subjectively believed they were facing an actual unlawful attack;
  • Necessity of defensive force: The defendant subjectively believed the amount of force used or threatened was necessary to prevent or terminate the threatened or ongoing interference;
  • Objective reasonableness: The defendant's beliefs in attack and necessity, even if mistaken, were objectively reasonable; and
  • Imminence of threat: The attack was occurring or was imminent.
Unlike in England, where the only question is whether the putative defender honestly — even if entirely unreasonably — believed they were being attacked, in the U.S., the requirement that the belief also be objectively reasonable functions as the key limit to the scope of deadly force.
 
Last edited:
everybodhi said:
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
Click to expand...
Can you clarify what you mean by mentioning the ethnic breakdown of Santa Cruz county when querying the need for a change of venue?
 
everybodhi said:
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 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
Click to expand...
Snipped by me for topic of response. Regarding the size of Santa Cruz County, Arizona in general has the largest county sizes in the US. There are 37 counties in Ohio with a smaller population size than Santa Cruz County, AZ.

AZ only has 13 counties altogether, and Greenlee is the most sparsely populated, if I’m remembering my social studies.
 
AZLocal said:
Can you share the evidence you have seen to support this claim? Who are Kelly and his wife not safe from and why?
Click to expand...
The news article someone posted above said he was getting threatened in prison.
 
Just a reminder that despite the speculation, Mr. Cuen was a farm-worker from a small town in the southern part of the Mexican state of Sonora, who had only recently moved to the Mexican border city of Nogales. He had illegally crossed the border to work on farms in the US on prior occasions. He has seven children.

1680408937570.png
Gabriel Cuen (from BBC Mundo)

"We grew up in an adobe house. We needed everything. We lived in extreme poverty ," Julián Cuen, 51, the victim's brother, who was nicknamed El Dengue in town, explained to BBC Mundo.
His older brother assures that, like him, Gabriel earned his living as a day laborer since he was a child , growing tomatoes, onions or wheat for the region's landowners.
"He worked with us in the fields, earning 260 pesos (US$14.40) a day."
The victim's brother doesn't have his own phone, so we hurriedly spoke to him on a colleague's cell while they both work in the fields.
After three minutes of conversation, he gets impatient: "Come on, the bosses will kick us out if they see us stopped!"
Before hanging up, he tells us that Gabriel was the main support for his 80-year-old mother , who had a heart condition, to whom he sent part of the little he earned as a day laborer.


www-bbc-com.translate.goog

El caso de Gabriel Cuen, el migrante mexicano que murió por un disparo en el rancho fronterizo de un granjero en Arizona - BBC News Mundo

BBC Mundo habló con sus familiares y un excomisario de su ciudad natal para averiguar quién era la víctima y así arrojar luz al suceso.
www-bbc-com.translate.goog www-bbc-com.translate.goog
 
Last edited:
AZLocal said:
Can you clarify what you mean by mentioning the ethnic breakdown of Santa Cruz county when querying the need for a change of venue?
Click to expand...
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
 
Last edited:
Kelly went onto his porch with his rifle. "The leader of the armed group of men saw Mr. Kelly and pointed an AK-47 right at him," Larkin wrote. Mr. K, fearing for his life and safety, fired several shots from his rifle, hoping to scare the group away.

This bothers me if it's accurate. If you are standing outside and someone points an AK-47 at you and then you fire shots at them, I would imagine that the person currently pointing the AK-47 would fire back instinctively? Is there any evidence for firing back? It seems very odd.

I feel like the statements by the wife are very telling.

I still feel like the horse had something to do with this. It's mentioned so many times! Do we know how many horses were meant to live on that property and how many are there now? I wonder if they came onto the land, the horse got scared and ran about, fell, or in all of this mayhem a horse got hit... or simply that when the nine shots were fired the horse went crazy (it would have been scared?) and that caused a lot of anger? He loved the horse ('beloved horse').

To me it sounds like WHATEVER happened was accidental - whether it was the group was fleeing and someone behind Gabriel Cuen-Buitimea tripped and fired off a shot, or George Kelly fired nine shots towards a group and one hit.

If you fire nine shots at a relatively large group of people that are currently moving, how could you account for how they are going to move, the land (up or down), at that distance, it's a lot of calculation.

I hope the truth comes out.

The facts we have include:
nine shots were fired
someone died
we don't have proof any other shots were fired as far as I can tell, but that doesn't mean that they weren't.

Like I said, I hope the truth comes out, whatever it is.
 
Recent news:

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

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 www.nytimes.com

Paywalled:
AZCentral
Reports, recordings offer new details in Nogales rancher murder case
The Republic obtained reports that give a look into the law enforcement response to a deadly border shooting that George Alan Kelly is charged in.

AZCentral
'Very fine gentleman': Former Montana neighbor recalls Nogales rancher accused of murder
A former Montana neighbor of George Alan Kelly, the Nogales rancher accused of murder, talks about the man he knew decades ago.

AZCentral
Nogales rancher case exposes history of U.S.-Mexico border tensions
The case of George Alan Kelly, charged with killing a Mexican citizen in southern Arizona, is not the first time an American rancher has been accused of...
 
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