PHOENIX (AP) — A jury in southern Arizona is still deliberating in the trial of a rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border.
Judge Thomas Fink sent jurors home for the weekend after they failed to reach a verdict Friday. They will resume deliberations in court Monday morning.
The jury got the case Thursday afternoon after a nearly one-month trial in a presidential election year that has drawn widespread interest in border security. George Alan Kelly, 75, is charged with second-degree murder in the January 30, 2023, shooting of Gabriel Cuen-Buitimea.
Cuen-Buitimea, 48, lived just south of the border in Nogales, Mexico. Court records show Cuen-Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016.
Some on the political right have supported the rancher as anti-migrant rhetoric and presidential campaigning heat up.
Prosecutor Mike Jette 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 property.
Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone.
Jette said Cuen-Buitimea suffered three broken ribs and a severed aorta. His unarmed body was found 115 yards (105 meters) away from Kelly's ranch house.
Although investigators found nine spent bullet casings from Kelly's AK-47 on the home's patio, the bullet that killed Cuen-Buitimea was never recovered.
Jette encouraged jurors to find Kelly guilty of reckless manslaughter or negligent homicide if they can’t convict him on the murder charge. A second-degree murder conviction would bring a minimum prison sentence of 10 years.
Jette, a Santa Cruz deputy county attorney, pointed out contradictions in Kelly's early statements to law enforcement, saying variously that he had seen five or 15 men on the ranch. According to testimony during the trial, Kelly also first told Border Patrol agents that the migrants were too far away for him to see if they had guns, but later told a county sheriff's detective that the men were running with firearms.
Defense attorney Brenna Larkin urged jurors to find Kelly not guilty, saying in her closing argument that Kelly “was in a life or death situation.”
“He was confronted with a threat right outside his home,” Larkin said. “He would have been absolutely justified to use deadly force, but he did not."
No one else in the group was injured, and they all made it back to Mexico.
Kelly's wife, Wanda, testified that the day of the shooting she had seen two men with rifles and backpacks pass by the ranch house. But her husband reported hearing a gunshot, and she said she did not.
Also testifying was Daniel Ramirez, a Honduran man living in Mexico, who said he had gone with Cuen-Buitimea to the U.S. that day to seek work and was with him when he was shot. Ramirez described Cuen-Buitimea grabbing his chest and falling forward.
The trial that started March 22 included jurors visiting Kelly’s nearly 170-acre (69-hectare) cattle ranch outside Nogales.
Kelly was also charged with aggravated assault. He earlier rejected a deal that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
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)
FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. Jurors on the case of Arizona rancher Kelly charged with fatally shooting a migrant on his property will be allowed to visit the property near the border with Mexico as early as this week as the trial enters its second half. (Mark Henle/The Arizona Republic via AP, Pool, 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)
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)
PHOENIX (AP) — Democratic Arizona Gov. Katie Hobbs has relegated a Civil War-era ban on most abortions to the past by signing a repeal bill Thursday.
Hobbs says the move is just the beginning of a fight to protect reproductive health care in Arizona. But the repeal may not take effect until 90 days after the end of the legislative session, in June or July. Abortion rights advocates hope a court will step in to prevent that outcome.
The effort to repeal the long-dormant law, which bans all abortions except those done to save a patient’s life, won final legislative approval Wednesday in a 16-14 vote of the Senate, as two GOP lawmakers joined with Democrats.
Hobbs denounced “a ban that was passed by 27 men before Arizona was even a state, at a time when America was at war about the right to own slaves."
“This ban needs to be repealed, I said it in 2022 when Roe was overturned, and I said it again and again as governor,” Hobbs said.
The vote extended for hours as senators described their motivations in personal, emotional and even biblical terms — including graphic descriptions of abortion procedures and amplified audio recordings of a fetal heartbeat, along with warnings against the dangers of “legislating religious beliefs.”
At the same time Wednesday, supporters of a South Dakota abortion rights initiative submitted far more signatures than required to make the ballot this fall, while in Florida a ban took effect against most abortions after six weeks of pregnancy, before many people even know they are pregnant.
Democratic Arizona Attorney General Kris Mayes, an opponent of the near-total abortion ban, has said the earliest the dormant abortion-ban law could be enforced is June 27, though she has asked the state’s highest court to block enforcement until sometime in late July. But the anti-abortion group defending the ban, Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the Supreme Court’s decision becomes final, which hasn’t yet occurred.
The near-total ban provides no exceptions for survivors of rape or incest. In a ruling last month, the Arizona Supreme Court suggested doctors could be prosecuted under the law first approved in 1864, which carries a sentence of two to five years in prison for anyone who assists in an abortion.
A repeal means that a 2022 statute banning the procedure after 15 weeks of pregnancy would become Arizona’s prevailing abortion law.
Arizona Rep. Stephanie Stahl Hamilton, a Democrat who has been key in the fight to repeal the territorial abortion ban, said she spent her early years on the Navajo Nation where her parents were schoolteachers and saw firsthand people being denied their reproductive rights.
She also watched her sister-in-law struggle with two difficult pregnancies that resulted in stillbirths.
“My daughter, who is 17 years old, should this law go in effect would have less reproductive freedoms than her great-grandmother in 1940 and Texas, who had to have an abortion,” Stahl Hamilton said. “We have people who need reproductive care now.”
President Joe Biden’s campaign team believes anger over the fall of Roe v. Wade gives them a political advantage in battleground states like Arizona, while the issue has divided Republican leaders.
Abortion-ban advocates in the Senate on Wednesday gallery jeered and interrupted state Republican state Sen. Shawnna Bolick as she explained her vote in favor of repeal, joining with Democrats. Bolick is married to state Supreme Court Justice Clint Bolick, who voted in April to allow a 1864 law on abortion to be enforced again. He confronts a retention election in November.
The 19th century law had been blocked since the U.S. Supreme Court’s 1973 Roe v. Wade decision guaranteed the constitutional right to an abortion nationwide.
After Roe v. Wade was overturned in June 2022, then-Arizona Attorney General Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law hasn’t actually been enforced while the case was making its way through the courts.
Planned Parenthood Arizona filed a motion Wednesday afternoon that asks the state Supreme Court to prevent a pause in abortion services until the Legislature’s repeal takes effect.
Advocates are collecting signatures for a ballot measure allowing abortions until a fetus could survive outside the womb, typically around 24 weeks, with exceptions — to save the parent’s life, or to protect her physical or mental health.
Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.
Dr. Ronald Yunis, a Phoenix-based obstetrician-gynecologist who also provides abortions, called the repeal a positive development for patients who might otherwise leave Arizona for medical care.
“This is good for ensuring that women won’t have to travel to other states just to get the health care they need,” Yunis said. “I was not too concerned because I have a lot of confidence in our governor and attorney general. I’m certain they will continue finding ways to protect women.”
FILE - The Arizona Senate building at the state Capitol stands, April 11, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)
FILE - Pro-life demonstrators walk in the front of the Arizona Capitol prior to the vote on the proposed repeal of the state's near-total ban on abortions prior to winning approval from the state House on, April 24, 2024, in Phoenix. Democrats at the Arizona Legislature are expected to make a final push Wednesday, May 1, to repeal the state’s long-dormant ban on nearly all abortions that a court said can be enforced. (AP Photo/Ross D. Franklin, File)
Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Anti-abortion supporters stand outside the Capitol, Wednesday, May 1, 2024, in Phoenix. (AP Photo/Matt York)
Democratic Arizona state senator Anna Hernandez, D-District 24, left, hugs a colleague after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)
Arizona state senator Jake Hoffman, R-District 15, speaks Wednesday, May 1, 2024, at the Capitol in Phoenix. Democrats secured enough votes in the Arizona Senate to repeal a Civil War-era ban on abortions that the state's highest court recently allowed to take effect. (AP Photo/Matt York)
Democratic Arizona state senators hug after a their vote, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Eva Burch, D-District 9, looks on, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator J. D. Mesnard, R-District 13, plays audio of a heart beat from his cell phone, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Jake Hoffman, R-District 15, motions as he speaks to the Senate President, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
Arizona state senator Shawnna Bolick, R-District 2, speaks, Wednesday, May 1, 2024, at the Capitol in Phoenix. (AP Photo/Matt York)
