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'Eyes and ears': Past Guard border deployments offer clue

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'Eyes and ears': Past Guard border deployments offer clue
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'Eyes and ears': Past Guard border deployments offer clue

2018-04-07 15:48 Last Updated At:15:48

The U.S. National Guard faces a vastly different environment than it did on its last two deployments to the border with Mexico, with far fewer illegal crossings and more Central Americans than Mexicans coming.

Still, its role is shaping up much the same: moving more Border Patrol agents from behind-the-scenes jobs to the front lines.

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FILE - In this July 11, 2006, file photo, members of the Virginia National Guard constructed this sand map of the Nogales corridor in Nogales, Texas, depicting Guard deployments at the border during a training exercise for the Virginia National Guard volunteers who are being deployed to the Arizona border with Mexico at Fort Pickett in Blackstone, Va. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Steve Helber, File)

The U.S. National Guard faces a vastly different environment than it did on its last two deployments to the border with Mexico, with far fewer illegal crossings and more Central Americans than Mexicans coming.

FILE - In this July 10, 2006, file photo, members of the Kentucky National Guard 206th Engineer Battalion board a C-130 transport plane at the Kentucky Air National Guard base in Louisville, KY. The 206th is being deployed to the Arizona border to build roads, fences and vehicle barriers to assist border security. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/David Harpe, File)

President Donald Trump told reporters Thursday that he wants to send between 2,000 and 4,000 National Guard members to the U.S.-Mexico border to help federal officials fight illegal immigration and drug trafficking. That estimate is lower than the 6,400 Guard members that former President George Bush sent to the border.

FILE - In this June 21, 2006, file pool photo, California Gov. Arnold Schwarzenegger, left, looks down on the International border crossing at San Ysidro, Calif., with Darryl Griffin, chief of the San Diego Sector, U.S. Customs and Border Protection during an aerial tour of the border between San Diego and Mexico in advance of the anticipated July 15 arrival of National Guard troops at the border. (Howard Lipin/The San Diego Union-Tribune via AP, Pool, File)

Federal law limits military involvement in civilian law enforcement, creating a supporting role for the Guard. The Trump administration and governors haven't said precisely what the troops will do, but Homeland Security Secretary Kirstjen Nielsen anticipates vehicle maintenance and aerial surveillance will be in the mix.

FILE - In this June 5, 2006, file photo, Utah National Guard troops from the 116th Construction Equipment Support Company prepare to extend a wall along the U.S. border in San Luis, Ariz. The soldiers are the first National Guard unit along the border as part of Operation Jump Start. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Khampha Bouaphanh, File)

About 40 percent of troops went to Arizona, the busiest corridor for illegal crossings at the time, followed in order by Texas, California and New Mexico. The Border Patrol made about 1.1 million arrests the year Jump Start began, nearly four times what it did last year.

FILE - In this June 8, 2006, file photo, members of the National Guard work on construction of a border wall at the U.S.-Mexico border next to San Luis Rio Colorado, Mexico. Photo was taken from a few steps into the United States. The arrival of U.S. National Guard troops in Arizona has scared off illegal Mexican migrants along the border as a whole, significantly reducing crossings, according to U.S. and Mexican officials. From 2006 to 2008, the Guard fixed vehicles, maintained roads, repaired fences and performed ground surveillance. (AP Photo/David Maung, File)

"They aren't allowed to have contact (with people arrested), so they're basically eyes," Barlow said.

FILE - In this April 10, 2000, file photo, a marker embedded in the pavement marks the imaginary line between the United States and Mexico at the San Ysidro border checkpoint between San Diego, Calif., and Tijuana, Mexico. The rare conjunction of two major cities, Tijuana and San Diego, with Los Angeles to the north, make it one of the busiest border crossings on the planet. The U.S. National Guard faces a vastly different environment than it did on its last two deployments to the border with Mexico, with far fewer illegal crossings and more Central Americans than Mexicans coming. (AP Photo/Damian Dovarganes, File)

A bigger focus on intelligence work involved mining for trends and collaborating with investigators from other agencies, Barlow said.

FILE - In this May 16, 2006, file photo, California Gov. Arnold Schwarzenegger, left, talks with Major Gen. William Wade II, the Adjutant General of the California National Guard, right, during a briefing on possible guard troop deployment along the border with Mexico, at the Capitol in Sacramento, Calif. Wade, accompanied by Col. David Baldwin, third from right, and Capt. Ty Shepard, were among the members of the National Guard assisting Wade in outlining the National Guards capabilities in fulfilling President Bush's plans to deploy National Guard troops along the border with Mexico to stem the flow of illegal immigrants. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Rich Pedroncelli, File)

"The numbers are the numbers, but the type of numbers is what's critically important today," said David Aguilar, Border Patrol chief during the Guard's first deployment and deputy commissioner of parent agency Customs and Border Protection during the second.

FILE - In this July 29, 2010, file photo, a U.S. National Guard vehicle guards covered under camouflage fabric sits atop a mountain next to the border fence near Sonoyta, Mexico. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. Arrests had fallen by about half and hundreds of miles of border barriers were added by May 2010, when Operation Phalanx sent 1,200 troops to the border amid backlash to the killing of an Arizona rancher. Crossers were still largely Mexican men entering the country through Arizona deserts. (AP Photo/Guillermo Arias)

Aguilar, who retired in 2013, said he expected the Guard to take on surveillance work again — this time by air, ground and water. It's unclear if federal law allows troops to run detention facilities, but Aguilar doesn't see that happening.

FILE - In this April 26, 2006., file photo, screens for surveillance cameras show various points along the border between Nogales, Mexico, and Nogales, Ariz., in a U.S. Border Patrol station in Nogales, Ariz. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Gregory Bull, File)

"Is (the Department of Defense) and National Guard equipped to do that, trained to do that?" he said. "Just like the Border Patrol, the answer is no, nor should they be encumbered with those responsibilities. That's not what our military does."

FILE - In this July 11, 2006, file photo, members of the Virginia National Guard constructed this sand map of the Nogales corridor in Nogales, Texas, depicting Guard deployments at the border during a training exercise for the Virginia National Guard volunteers who are being deployed to the Arizona border with Mexico at Fort Pickett in Blackstone, Va. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Steve Helber, File)

FILE - In this July 11, 2006, file photo, members of the Virginia National Guard constructed this sand map of the Nogales corridor in Nogales, Texas, depicting Guard deployments at the border during a training exercise for the Virginia National Guard volunteers who are being deployed to the Arizona border with Mexico at Fort Pickett in Blackstone, Va. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Steve Helber, File)

President Donald Trump told reporters Thursday that he wants to send between 2,000 and 4,000 National Guard members to the U.S.-Mexico border to help federal officials fight illegal immigration and drug trafficking. That estimate is lower than the 6,400 Guard members that former President George Bush sent to the border.

From 2006 to 2008, the Guard fixed vehicles, maintained roads, repaired fences and performed ground surveillance. Its second mission in 2010 and 2011 involved more aerial surveillance and intelligence work. People involved in both operations say the Guard was the Border Patrol's "eyes and ears."

FILE - In this July 10, 2006, file photo, members of the Kentucky National Guard 206th Engineer Battalion board a C-130 transport plane at the Kentucky Air National Guard base in Louisville, KY. The 206th is being deployed to the Arizona border to build roads, fences and vehicle barriers to assist border security. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/David Harpe, File)

FILE - In this July 10, 2006, file photo, members of the Kentucky National Guard 206th Engineer Battalion board a C-130 transport plane at the Kentucky Air National Guard base in Louisville, KY. The 206th is being deployed to the Arizona border to build roads, fences and vehicle barriers to assist border security. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/David Harpe, File)

Federal law limits military involvement in civilian law enforcement, creating a supporting role for the Guard. The Trump administration and governors haven't said precisely what the troops will do, but Homeland Security Secretary Kirstjen Nielsen anticipates vehicle maintenance and aerial surveillance will be in the mix.

Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today.

FILE - In this June 21, 2006, file pool photo, California Gov. Arnold Schwarzenegger, left, looks down on the International border crossing at San Ysidro, Calif., with Darryl Griffin, chief of the San Diego Sector, U.S. Customs and Border Protection during an aerial tour of the border between San Diego and Mexico in advance of the anticipated July 15 arrival of National Guard troops at the border. (Howard Lipin/The San Diego Union-Tribune via AP, Pool, File)

FILE - In this June 21, 2006, file pool photo, California Gov. Arnold Schwarzenegger, left, looks down on the International border crossing at San Ysidro, Calif., with Darryl Griffin, chief of the San Diego Sector, U.S. Customs and Border Protection during an aerial tour of the border between San Diego and Mexico in advance of the anticipated July 15 arrival of National Guard troops at the border. (Howard Lipin/The San Diego Union-Tribune via AP, Pool, File)

About 40 percent of troops went to Arizona, the busiest corridor for illegal crossings at the time, followed in order by Texas, California and New Mexico. The Border Patrol made about 1.1 million arrests the year Jump Start began, nearly four times what it did last year.

The Guard was assigned to observation posts some distance from the border for safety reasons, using binoculars and other gear to spot people crossing. Richard Barlow, then a top Border Patrol official in San Diego, said their success as lookouts varied because they were unarmed and needed protection in more dangerous areas.

FILE - In this June 5, 2006, file photo, Utah National Guard troops from the 116th Construction Equipment Support Company prepare to extend a wall along the U.S. border in San Luis, Ariz. The soldiers are the first National Guard unit along the border as part of Operation Jump Start. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Khampha Bouaphanh, File)

FILE - In this June 5, 2006, file photo, Utah National Guard troops from the 116th Construction Equipment Support Company prepare to extend a wall along the U.S. border in San Luis, Ariz. The soldiers are the first National Guard unit along the border as part of Operation Jump Start. Operation Jump Start, from May 2006 to July 2008, sent 6,000 troops to the border in its first year and 3,000 the second year and was framed as a way to buy time amid an unprecedented Border Patrol hiring spree and heavy political pressure for immediate action. The Border Patrol ballooned by thousands of agents during the operation to about 20,000, roughly where it is today. (AP Photo/Khampha Bouaphanh, File)

"They aren't allowed to have contact (with people arrested), so they're basically eyes," Barlow said.

Arrests had fallen by about half and hundreds of miles of border barriers were added by May 2010, when Operation Phalanx sent 1,200 troops to the border amid backlash to the killing of an Arizona rancher. Crossers were still largely Mexican men entering the country through Arizona deserts.

The Guard flew planes at high altitudes to identify people crossing, said Barlow, then the Border Patrol's top agent in Tucson, Arizona. It also responded by helicopter to agents who asked for help when closing in on a group.

FILE - In this June 8, 2006, file photo, members of the National Guard work on construction of a border wall at the U.S.-Mexico border next to San Luis Rio Colorado, Mexico. Photo was taken from a few steps into the United States. The arrival of U.S. National Guard troops in Arizona has scared off illegal Mexican migrants along the border as a whole, significantly reducing crossings, according to U.S. and Mexican officials. From 2006 to 2008, the Guard fixed vehicles, maintained roads, repaired fences and performed ground surveillance. (AP Photo/David Maung, File)

FILE - In this June 8, 2006, file photo, members of the National Guard work on construction of a border wall at the U.S.-Mexico border next to San Luis Rio Colorado, Mexico. Photo was taken from a few steps into the United States. The arrival of U.S. National Guard troops in Arizona has scared off illegal Mexican migrants along the border as a whole, significantly reducing crossings, according to U.S. and Mexican officials. From 2006 to 2008, the Guard fixed vehicles, maintained roads, repaired fences and performed ground surveillance. (AP Photo/David Maung, File)

A bigger focus on intelligence work involved mining for trends and collaborating with investigators from other agencies, Barlow said.

Since then, crossings have shifted to Central American women and children crossing in Texas' Rio Grande Valley, many of whom turn themselves in to authorities and seek asylum or other protection. Mexicans accounted for only about four of every 10 arrests last year, down from about nine of 10 during the Guard's previous deployments.

A shared border means Mexicans can often quickly be turned around, but the Border Patrol holds Central Americans until another agency takes custody, typically within three days.

FILE - In this April 10, 2000, file photo, a marker embedded in the pavement marks the imaginary line between the United States and Mexico at the San Ysidro border checkpoint between San Diego, Calif., and Tijuana, Mexico. The rare conjunction of two major cities, Tijuana and San Diego, with Los Angeles to the north, make it one of the busiest border crossings on the planet. The U.S. National Guard faces a vastly different environment than it did on its last two deployments to the border with Mexico, with far fewer illegal crossings and more Central Americans than Mexicans coming. (AP Photo/Damian Dovarganes, File)

FILE - In this April 10, 2000, file photo, a marker embedded in the pavement marks the imaginary line between the United States and Mexico at the San Ysidro border checkpoint between San Diego, Calif., and Tijuana, Mexico. The rare conjunction of two major cities, Tijuana and San Diego, with Los Angeles to the north, make it one of the busiest border crossings on the planet. The U.S. National Guard faces a vastly different environment than it did on its last two deployments to the border with Mexico, with far fewer illegal crossings and more Central Americans than Mexicans coming. (AP Photo/Damian Dovarganes, File)

"The numbers are the numbers, but the type of numbers is what's critically important today," said David Aguilar, Border Patrol chief during the Guard's first deployment and deputy commissioner of parent agency Customs and Border Protection during the second.

Then-Border Patrol Chief Mark Morgan testified in 2016 that he never imagined his job would entail procuring baby powder and baby wipes. Agents' tasks include ensuring burritos are served at the right temperature.

"It takes a tremendous amount of resources to do this," Morgan said.

FILE - In this May 16, 2006, file photo, California Gov. Arnold Schwarzenegger, left, talks with Major Gen. William Wade II, the Adjutant General of the California National Guard, right, during a briefing on possible guard troop deployment along the border with Mexico, at the Capitol in Sacramento, Calif. Wade, accompanied by Col. David Baldwin, third from right, and Capt. Ty Shepard, were among the members of the National Guard assisting Wade in outlining the National Guards capabilities in fulfilling President Bush's plans to deploy National Guard troops along the border with Mexico to stem the flow of illegal immigrants. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Rich Pedroncelli, File)

FILE - In this May 16, 2006, file photo, California Gov. Arnold Schwarzenegger, left, talks with Major Gen. William Wade II, the Adjutant General of the California National Guard, right, during a briefing on possible guard troop deployment along the border with Mexico, at the Capitol in Sacramento, Calif. Wade, accompanied by Col. David Baldwin, third from right, and Capt. Ty Shepard, were among the members of the National Guard assisting Wade in outlining the National Guards capabilities in fulfilling President Bush's plans to deploy National Guard troops along the border with Mexico to stem the flow of illegal immigrants. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Rich Pedroncelli, File)

Aguilar, who retired in 2013, said he expected the Guard to take on surveillance work again — this time by air, ground and water. It's unclear if federal law allows troops to run detention facilities, but Aguilar doesn't see that happening.

FILE - In this July 29, 2010, file photo, a U.S. National Guard vehicle guards covered under camouflage fabric sits atop a mountain next to the border fence near Sonoyta, Mexico. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. Arrests had fallen by about half and hundreds of miles of border barriers were added by May 2010, when Operation Phalanx sent 1,200 troops to the border amid backlash to the killing of an Arizona rancher. Crossers were still largely Mexican men entering the country through Arizona deserts. (AP Photo/Guillermo Arias)

FILE - In this July 29, 2010, file photo, a U.S. National Guard vehicle guards covered under camouflage fabric sits atop a mountain next to the border fence near Sonoyta, Mexico. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. Arrests had fallen by about half and hundreds of miles of border barriers were added by May 2010, when Operation Phalanx sent 1,200 troops to the border amid backlash to the killing of an Arizona rancher. Crossers were still largely Mexican men entering the country through Arizona deserts. (AP Photo/Guillermo Arias)

"Is (the Department of Defense) and National Guard equipped to do that, trained to do that?" he said. "Just like the Border Patrol, the answer is no, nor should they be encumbered with those responsibilities. That's not what our military does."

FILE - In this April 26, 2006., file photo, screens for surveillance cameras show various points along the border between Nogales, Mexico, and Nogales, Ariz., in a U.S. Border Patrol station in Nogales, Ariz. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Gregory Bull, File)

FILE - In this April 26, 2006., file photo, screens for surveillance cameras show various points along the border between Nogales, Mexico, and Nogales, Ariz., in a U.S. Border Patrol station in Nogales, Ariz. The U.S. National Guard faces a vastly different landscape than it did on its last two deployments to the Mexican border but its role is shaping up much the same: moving Border Patrol agents from behind-the-scenes jobs to making arrests on the front lines. (AP Photo/Gregory Bull, File)

PHOENIX (AP) — An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border.

The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation in trial of George Alan Kelly, 75, who was charged with second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea.

“Based upon the jury's inability to reach a verdict on any count,” Judge Thomas Fink said, “This case is in mistrial.”

The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.

A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.

Kelly was charged with second-degree murder in killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.

Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards (90 meters) away on his cattle ranch. Kelly has said he fired warning shots in the air, but he didn’t shoot directly at anyone.

Court officials took jurors to Kelly’s ranch as well as a section of the border. Superior Court Judge Thomas Fink denied news media requests to tag along.

After Monday's ruling, Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, said he would wait with Cuen-Buitimea’s two adult daughters on Monday evening to meet with prosecutors from Santa Cruz County Attorney’s Office to learn about the implications of a mistrial.

“Mexico will continue to follow the case and continue to accompany the family, which wants justice." said Moreno. "We hope for a very fair outcome.”

Kelly's defense attorney Brenna Larkin did not immediately respond to an emailed request for comment after the ruling was issued. Larkin had asked Fink to have jurors keep deliberating another day.

Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.

Kelly was also charged with aggravated assault that day against another person in the group of about eight people, including a man from Honduras who was living in Mexico and who testified during the trial that he had gone into the U.S. that day seeking work.

The other migrants weren’t injured and they all made it back to Mexico.

Cuen-Buitimea lived just south of the border in Nogales, Mexico. He had previously entered the U.S. illegally several times and was deported, most recently in 2016, court records show.

The nearly monthlong trial coincided with a presidential election year that has drawn widespread interest in border security.

Fink had told jurors that if they could not reach a verdict on the second-degree murder charge, they could try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide. A second-degree murder conviction would have brought a minimum prison sentence of 10 years.

The jury got the case Thursday afternoon, deliberated briefly that day and then all of Friday and Monday.

FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. An Arizona judge declared a mistrial Monday, April 22, 2024, in the case of Kelly, accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. (Mark Henle/The Arizona Republic via AP, Pool, File)

FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. An Arizona judge declared a mistrial Monday, April 22, 2024, in the case of Kelly, accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. (Mark Henle/The Arizona Republic via AP, Pool, File)

County Attorney Michael Jette addresses jurors during closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024 in Nogales, Ariz. Rancher George Alan Kelly accused of second-degree murder in the January 2023 death of 48-year-old Gabriel Cuen-Buitimea, who lived south of the border in Nogales, Mexico. (Angela Gervasi/Nogales International, via AP, Pool)

County Attorney Michael Jette addresses jurors during closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024 in Nogales, Ariz. Rancher George Alan Kelly accused of second-degree murder in the January 2023 death of 48-year-old Gabriel Cuen-Buitimea, who lived south of the border in Nogales, Mexico. (Angela Gervasi/Nogales International, via AP, Pool)

George Alan Kelly listens to closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024 in Nogales, Ariz. Kelly was charged with second-degree murder in the January 2023 death of 48-year-old Gabriel Cuen-Buitimea, who lived south of the border in Nogales, Mexico. (Angela Gervasi/Nogales International, via AP, Pool)

George Alan Kelly listens to closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024 in Nogales, Ariz. Kelly was charged with second-degree murder in the January 2023 death of 48-year-old Gabriel Cuen-Buitimea, who lived south of the border in Nogales, Mexico. (Angela Gervasi/Nogales International, via AP, Pool)

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

FILE - George Alan Kelly exits the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp after the first day of his trial in Santa Cruz County Superior Court Friday, March 22, 2024 in Nogales, Ariz. Jurors in the case of the Arizona rancher Kelly charged with fatally shooting a migrant on his property visited the scene of the killing as the third week of the trial wrapped up. The jurors on Thursday, April 11, 2024, viewed various locations at Kelly's ranch, as well as a section of the U.S.-Mexico border. (Angela Gervasi/Nogales International, via AP, File)

FILE - George Alan Kelly exits the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp after the first day of his trial in Santa Cruz County Superior Court Friday, March 22, 2024 in Nogales, Ariz. Jurors in the case of the Arizona rancher Kelly charged with fatally shooting a migrant on his property visited the scene of the killing as the third week of the trial wrapped up. The jurors on Thursday, April 11, 2024, viewed various locations at Kelly's ranch, as well as a section of the U.S.-Mexico border. (Angela Gervasi/Nogales International, via AP, File)

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

Arizona judge declares mistrial in the case of a rancher accused of fatally shooting a migrant

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