Posted: Jun 5, 2024 / 05: 07 PM CDT
Updated: Jun 5, 2024 / 05: 09 PM CDT
The judge overseeing the event of an Arizona border farmer who was tried repeatedly on the shooting death of a Hispanic male on his estate said on Monday that he will consider whether to open the possibility of a new test later.
Judge Thomas Fink of the Santa Cruz County Superior Court stated that he would take into account the lawyer’s demand to dismiss the case but not to hold off on holding a trial in the event that new information or testimony come forward. When the prosecutor may make his decision was unknown.
Fink , declared a mistrial , on April 22 after judges in the trial of George Alan Kelly were unable to achieve a unanimous selection on a conviction.
Finally, the Santa Cruz County Attorney’s Office had the opportunity to try Kelly — or to drop the case.
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The prosecutors, according to deputy state attorney Kimberly Hunley, wants the case to be retryed if the circumstances change, but she is currently opposed to doing so. She requested that the event be dismissed without prejudice, which would allow the event to be remanded in court.
” Unidentified witnesses may appear forwards”, said Hunley. ” Recognized testimony in Mexico may be available”.
Brenna Larkin, Kelly’s defense lawyer, requested that the event been dismissed without prejudice.
” It’s not suitable to let the condition fish for different testimonies”, said Larkin. The express had a sufficient opportunity to present its information, the statement read.
The 75- yr- ancient Kelly was on trial for almost a month in Nogales, a city on the border with Mexico, in the death of 48- year- ancient Gabriel Cuen- Buitimea, who was tragically shot on Jan. 30, 2023. The rancher was facing murder charges in the second degree.
Cuen- Buitimea, who lived just south of the border in Nogales, Mexico, was in group of men that Kelly encountered that day on his cattle ranch.
Prosecutors had said Kelly recklessly fired nine shots from , an AK- 47 style rifle , toward a group of men on his cattle ranch, including Cuen- Buitimea, about 100 yards (90 meters ) away. Kelly has claimed that he fired warning shots in the air, but that he did n’t direct fire at anyone.
The trial occurred in a year before a presidential election that has piqued public concern about border security. During it, court officials took , jurors to Kelly’s ranch , as well as a section of the U. S. Mexico border.
