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

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)

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)

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)

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

ST. LOUIS (AP) — Nolan Arenado drove in three runs, Sonny Gray gave up three hits in seven innings and the St. Louis Cardinals beat the Chicago White Sox 3-0 on Friday night.

Gray (4-1) walked one and struck out five in his longest outing of the season as the Cardinals snapped a two-game losing streak. Gray retired the last eight and 13 of the final 14 batters he faced.

Gray said he needed to reset after pitching out of a two-out jam in the third inning.

“I’ve done this before, but I just came in here (the locker room) after the third, took all my clothes off and got redressed with new cleats, socks, underwear, pants, belt, jersey, hat,” Gray said. “It’s kind of like, you’re a new guy, let’s get started here.”

Gray lowered his ERA to 0.89 this season. He is the first pitcher in St. Louis franchise history to have a sub-1.00 ERA through his first five starts with the team since 1910.

“Can’t say enough about the way he prepares and his ability to execute,” Cardinals manager Oliver Marmol said. “Just does a phenomenal job … he has a purpose behind every single pitch.”

The White Sox lost their fourth game in a row. It was the ninth time they were shut out this season.

JoJo Romero pitched a perfect eighth and Ryan Helsley retired all three batters he faced in the ninth to earn his 11th save in 12 opportunities.

Arenado’s two-run double gave the Cardinals a 2-0 lead in the first inning. It was Arenado’s first multi-RBI game since April 21.

He doubled again in the fifth to score Willson Contreras and make it 3-0. The hit knocked White Sox starter Brad Keller from the game.

“He’s starting to feel a lot better about his swing,” Marmol said. “That was a really good one there (in the first), drove in another one later in the game for insurance.”

Contreras had three hits, walked, stole a base and scored twice. But Gray said it was his work behind the plate that stood out.

“I felt I was getting a little open, a little pulley, and he kept giving me the cues that I needed,” Gray said. “And I was just working hard to fix it and make an adjustment. I would say after the third inning, I felt significantly better.”

Contreras called Gray’s stuff nasty.

“That’s what I’m here for, to be better for the guys and the pitching staff and I’m glad that what I said helped him,” Contreras said.

Keller (0-1) allowed three runs in 4 2/3 innings. He gave up five hits, walked two and struck out five.

“I battled the whole night,” Keller said. “I felt like I always had someone on base, which sucked, want to clean that up, but all in all felt good. One to build on.”

Jared Shuster pitched 3 1/3 innings of scoreless relief for the White Sox.

TRAINER’S ROOM

White Sox: INF Danny Mendick was scratched from the lineup due to lower back tightness.

Cardinals: LHP Steven Matz (lower back strain) was placed on the 15-day injured list retroactive to May 1 and RHP Kyle Leahy was recalled from Triple-A Memphis.

UP NEXT

RHP Lance Lynn (1-0, 2.64 ERA) will start for the Cardinals against RHP Erick Fedde (2-0, 2.60 ERA) on Saturday. Lynn, who pitched for the White Sox from 2001-03, is making his 10th career start against Chicago but first since 2019 as a member of the Texas Rangers. Fedde is coming off a career-high 8 1/3 innings in his last outing against Tampa Bay on Sunday.

AP MLB: https://apnews.com/hub/mlb

St. Louis Cardinals' Lars Nootbaar makes a catch against the Chicago White Sox during the second inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

Chicago White Sox starting pitcher Brad Keller delivers against the St. Louis Cardinals during the first inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

St. Louis Cardinals starting pitcher Sonny Gray delivers against the Chicago White Sox during the second inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

St. Louis Cardinals' Nolan Arenado (28) run the bases after hitting a two-run double against the Chicago White Sox during the first inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

St. Louis Cardinals' Lars Nootbaar makes a catch against the Chicago White Sox during the second inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

Chicago White Sox starting pitcher Brad Keller delivers against the St. Louis Cardinals during the first inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

St. Louis Cardinals starting pitcher Sonny Gray delivers against the Chicago White Sox during the second inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)

St. Louis Cardinals' Nolan Arenado (28) run the bases after hitting a two-run double against the Chicago White Sox during the first inning of a baseball game Friday, May 3, 2024, in St. Louis. (AP Photo/Jeff Le)