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

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

Yup, the deceased died during the commission of one crime -- or two or three?

Linked article states that deceased undocumented person GCB had a two-way radio, of a kind often used by smugglers.

Undocumented entry in to the USA (aka illegal border crossing)
Committing trespass across the Kelly's ranch
Smuggling -- what -- drugs, people?

Shaking my head.

jmho ymmv lrr
 
Day 2
3/26/2024
  • Arizona Dept. of Public Safety Trooper Oscar Reyna testified to drone imagery showing the line from the house to where the body was found.
    • Reyna testified that the distance between the home’s patio and where the body was found was approximately 350 feet, covered by vegetation.
    • On cross, Kelly’s attorney introduced a zoomed-in first-person view from the alleged location of the shooter, showing the limited visibility.
  • The jury heard a voicemail Kelly left for Agent J. Morsell, a ranch liaison with the U.S. Border Patrol, saying to “call me immediately.”
    • Call logs showed five phone calls and messages to Morsell on the day of the incident.
 
This trial seems to have gone from high profile to no profile. This is the most recent article and I can't even quote it because it is so short and has few facts.

Day 3 from Court tv just says that testimony was heard from Daniel Ramirez
 
IMO, Today's trial was interesting. The state puts on the stand an out of order expert witness with ballistics and guns. He testified to the fact that he saw shell casings, that came from an AK. He tested the gun of Kelly's. Nothing was concrete or damning towards Kelly...at all. No proof it was fired at...out...up..down or under. Just the shells. There was a broken tree branch found on the property..with hair on it mind you...that the state is now using to claim a bullet fired by Kelly must have ricocheted off of, and then struck the victim.... who wasn't found with a bullet lodged inside. The defense made mincemeat out of his expert nothingness. The state tried to attempt a re-direct, but it fell flat.

ETA: I love the fact that AZ juries get to ask questions. This jury seems to have a few members who are paying attention.
 
IMO, Today's trial was interesting. The state puts on the stand an out of order expert witness with ballistics and guns. He testified to the fact that he saw shell casings, that came from an AK. He tested the gun of Kelly's. Nothing was concrete or damning towards Kelly...at all. No proof it was fired at...out...up..down or under. Just the shells. There was a broken tree branch found on the property..with hair on it mind you...that the state is now using to claim a bullet fired by Kelly must have ricocheted off of, and then struck the victim.... who wasn't found with a bullet lodged inside. The defense made mincemeat out of his expert nothingness. The state tried to attempt a re-direct, but it fell flat.

ETA: I love the fact that AZ juries get to ask questions. This jury seems to have a few members who are paying attention.

Definite waste of time and money prosecuting this case! I hope those jurors continue to see the truth.

ETA: Larkin is fab attorney!
jmo
 
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Watched the first half of today's trial. State brought in another LE officer, who showed up at Kelly's property twice the day of the shooting. He had recorded a partial visit/conversation with Mr Kelly. Nothing really devastating was noted, IMO.

Next up was the long awaited ME. A complete dud, as far as proving the state's case. Just as expected...without the bullet, the ME was unable to state affirmatively ( defense objected strongly ) what type of bullet or what type of gun could have produced this wound found on the victim. The ME was NOT a ballistics expert, and therefore was prohibited by the court to claim any of the state's wishes.

Oddly enough ( to me anyway ) was the complete ignoring/avoiding of the fact of the trajectory of the wound on/in GCB's body, and how it could have happened.

They are now breaking for an extended lunch, and when they return, I can expect a fiery cross. The state has fallen flat, yet again..in trying to prove this case. Reasonable doubt is everywhere! IMO

Peace
 
Today was totally unproductive for the state. They might as well have just questioned the skeletal model defense brought in... it would have provided the same result... a big nothing.

jmo
 
Today was totally unproductive for the state. They might as well have just questioned the skeletal model defense brought in... it would have provided the same result... a big nothing.

jmo

I agree !
"Bones".......just standing there in open court, with a wire stick stuck up and through his rib cage, protruding up and out of his sternum at a good 60 degree angle was a site to see. And the jury saw 'him' just like that....for over an hour.
Brilliant defense.

And, just for the wtf moments...?
What was the use of the forensic specialist called?
There was nada evidence of GSR on any of the miniscule samples the LE collected and sent for testing. I am just not sure what the purpose of that witness was?!

The defense made another score with the lack of testing of the backpack...that was or wasn't there. Very sloppy investigation. Very haphazard. Like this trial.

MOO and Peace
 
Watching the trial today. Wanda Kelly, George Alan's wife has been on the stand for a few hours. It appears to me, the state has made it's strongest effort to prove GAK of murder, through attempting to impeach this witness on the stand.

Wanda comes across as a loving elderly wife, who cooks and cleans, keeps a tidy little home on the ranch, and supports her husband in all things security. IMO, if any members of this jury have a grandma or an aging mother, they will feel a bit sorry for Wanda, as the state is badgering her and confusing her on purpose. The woman was interviewed multiple times, by multiple people. Wanda gets frustrated, upset, and has rolled her eyes towards the jury I have noticed. Waiting patiently for the defense to come in with a respectful cross.

MOO and Peace
 
Watching the trial today. Wanda Kelly, George Alan's wife has been on the stand for a few hours. It appears to me, the state has made it's strongest effort to prove GAK of murder, through attempting to impeach this witness on the stand.

Wanda comes across as a loving elderly wife, who cooks and cleans, keeps a tidy little home on the ranch, and supports her husband in all things security. IMO, if any members of this jury have a grandma or an aging mother, they will feel a bit sorry for Wanda, as the state is badgering her and confusing her on purpose. The woman was interviewed multiple times, by multiple people. Wanda gets frustrated, upset, and has rolled her eyes towards the jury I have noticed. Waiting patiently for the defense to come in with a respectful cross.

MOO and Peace
That must be hard to watch, thank you for posting this. I would be a horrrrrrible witness.
 
Lunch break.
Defense cross coming up next. I imagine the jury has lots to think about during their lunch. Poor Wanda on the stand getting crucified by the state was brutal to watch.

One of their last attempts to "get her" , IMO ( impeach? ) was to question Wanda on her own 1st amendment right to have a gun...then the audacity to ask her why she didn't use her own on Jan 30th 2023. ''You really didn't feel threatened, did you Mrs Kelly?"

GRRRRR!
 
Hey @shotgun09 how'd Larken do on cross? I'd imagine great as she really is impressive. I do plan on watching at some point but would love your thoughts. Thanks also for your posts.

This case sure has died down media wise hasn't it? Funny that.
 
Hey @shotgun09 how'd Larken do on cross? I'd imagine great as she really is impressive. I do plan on watching at some point but would love your thoughts. Thanks also for your posts.

This case sure has died down media wise hasn't it? Funny that.

It wasn't Larkin that did the cross exam, it was the curly headed woman, who I find is just as talented and smart as Larkin. She takes no baloney.

The cross exam went well, she was able to repair Wanda Kelly's person, after the states deplorable attempt to impeach her. Mrs Kelly spoke about her history with her husband, their work histories, and then was able to assist the defense in a drawing on whiteboard, explaining the distance from the house to the fields, to the place she saw intruders, and to the final spot where the body was found. She described/ drew fences and terrain. It was very helpful, to the jury I am sure, IMO.

They also discussed the evening of Jan 30, when LE came the second time after GAK found the body. Within 30 minutes, both GAK and Wanda Kelly were whisked away to the police station. She was there at the station until 2 am the following morning, when they drove her back home after obtaining a search warrant. She stated on cross, that she felt she was a victim, who was earlier terrorized and frightened in her own home, and the police/state treated her and her husband like a criminal. It was sadly powerful testimony. As the day ended, the cross exam was not finished. She will return tomorrow am for more.

As far as the lacking media coverage goes? It doesn't surprise me. IMO, the state is failing miserably to prove these charges, as many anticipated. They certainly don't want any more 'light' shining on their hideous mistake in taking this to trial.
A total waste of tax payer money, along with the horrid expense on the Kelly's, both financially as well as emotionally.
Arizona should be ashamed, IMO.

All, MOO of course.
 
I found an article reporting on the case. There is a photo of "Bones" with the article. Also noted, the other defense attorney's name ( with the curly hair ) ...Kathy Lowthorp.

 
Is there a court delay today? I can't seem to find live coverage (maybe it's just me).

I was waiting for someone to post coverage all day, and I came to the unofficial conclusion(s) that a) The court was cancelled for today. b) The court went on a 'field trip' to the Kelly Ranch
( which was sort of discussed earlier this week, with no date scheduled) or c) no pool cameras covering court today.
There is Zippo on ANY media coverage as far as I can tell

ETA: I found this on 'X' earlier today from a news reporter:

 
I was waiting for someone to post coverage all day, and I came to the unofficial conclusion(s) that a) The court was cancelled for today. b) The court went on a 'field trip' to the Kelly Ranch
( which was sort of discussed earlier this week, with no date scheduled) or c) no pool cameras covering court today.
There is Zippo on ANY media coverage as far as I can tell

ETA: I found this on 'X' earlier today from a news reporter:


Thanks for the info (or lack thereof ;))

Amazing how media has been "working" the past few years. :rolleyes:
 

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