NOGALES, Ariz. (AP) — The trial of a southern Arizona rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border went to the jury Thursday.
Jurors did not immediately reach a verdict and will resume deliberations Friday morning.
In closing arguments earlier Thursday, lawyers debated the actions of 75-year-old George Alan Kelly, who is accused of 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
The case has attracted national attention as border security continues to be a top issue this election year and garnered sympathy for the rancher from some on the political right.
Cuen-Buitimea was in a group of men that Kelly encountered on his property. Prosecutor Mike Jette said Kelly recklessly fired an AK-47 rifle toward the group that was about 100 yards (90 meters) away.
Kelly said he fired warning shots in the air, but he didn’t shoot directly at anyone, explaining that he feared for his safety and that of his wife and property.
“He says he shot 100 yards over their heads. But he never told law enforcement that he was in fear of his life," Jette said in closing arguments.
Kelly fired nine shots toward the group, according to Jette, who said Cuen-Buitimea suffered three broken ribs and a severed aorta.
Jette encouraged jurors to find Kelly guilty of reckless manslaughter or negligent homicide if they can’t convict him on the murder charge.
Defense attorney Brenna Larkin, in her closing argument, said Kelly “was in a life or death situation” that was “a terrifying scenario” for him.
“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."
She urged jurors to return a “not guilty” verdict, saying the state didn't prove its case.
The other migrants on Kelly's ranch in 2023 weren’t injured and managed to escape back to Mexico.
Larkin has characterized groups of migrants crossing through Kelly’s property as an increasing concern over the years, prompting him to arm himself for protection.
The trial that started March 22 included jurors visiting Kelly’s nearly 170-acre (69-hectare) cattle ranch in Nogales, Arizona.
Earlier in proceedings, Kelly 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 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 was seeking work in the U.S. that day.
This story has been corrected to show that Kelly fired nine shots toward a group that included Cuen-Buitimea, according to the prosecution, not that Cuen-Buitimea was shot nine times.
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)
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)
DETROIT (AP) — Byron Buxton hit a home run and a double, Christian Vázquez had a homer and three hits and the Minnesota Twins beat the Detroit Tigers 9-3 on Friday night.
“I think everybody put something on the table to win this game,” said Vázquez, who has three of his five homers this season against the Tigers. “When I swing at pitches at zone, I get different results. I feel good and I have confidence in myself.”
Pablo López (9-7) allowed two runs on six hits in seven innings, striking out seven.
“A lot of my stuff got better toward the end of my outing,” he said.
Tigers starter Keider Montero (1-4) allowed six runs on eight hits in five innings.
With only three healthy starters, Tigers manager A.J. Hinch had to stay with Montero even after he allowed three homers in the first two innings.
“He was going to be out there,” Hinch said. “It's not easy right now — we have been putting together some bullpen games and there are some on the horizon, so Keider had a long leash. With three solo homers, we were still in the game.”
Buxton and Trevor Larnach gave Minnesota a 2-0 lead with back-to-back homers in the first, and Matt Wallner added a home run in the second.
Javier Báez hit his second homer in as many days to make it 3-2 in the third.
“I'm feeling good at the plate,” said Báez, who is hitting .179 with three homers. “I've been working a lot to play better, and if I can stay hot, I can have a big second half.”
The Twins regained control with three runs in the fourth.
Willi Castro knocked in two with a single to left and took a big turn around the bag, prompting second baseman Colt Keith to throw to first. The Tigers were wearing their black City Connect jerseys and the only person wearing that color at first was umpire Mike Muchlinski. Keith's throw sailed into Minnesota's dugout, allowing Castro to take third. He scored on Buxton's double to left.
“That's a tough inning when we've got two out, especially after (Báez) gets us back into the game with the homer,” Hinch said. “I haven't talked to Colt, but I think that's down to inexperience — I don't think Bligh (Madris) needed to travel with the runner. He could have stayed (at first), which is probably why he was trying to get back.”
Vázquez hit a two-run homer off Joey Wentz to make it 8-2 in the sixth.
The Tigers loaded the bases with no one out in the seventh, but Gio Urshela grounded into a force at the plate before Báez and Wenceel Pérez popped out.
TRAINER'S ROOM
Twins: Activated 3B Royce Lewis (adductor strain) from the injured list and optioned C Jair Carmago to Triple-A St. Paul. Lewis came into the game hitting .292 with 10 homers and 18 RBIs in 24 games.
Tigers: Placed All-Star OF Riley Greene (hamstring) on the injured list and recalled UTL Ryan Vilade from Triple-A Toledo. Greene has been injured in each of his first three seasons, limiting him to 293 games.
UP NEXT
The teams play the second game of the series on Saturday, with Tigers ace LHP Tarik Skubal (11-3, 2.34) facing Minnesota RHP Joe Ryan (6-6, 3.65).
AP MLB: https://apnews.com/hub/mlb
Minnesota Twins center fielder Byron Buxton misplays the double hit by Detroit Tigers' Matt Vierling during the seventh inning of a baseball game, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Minnesota Twins pitcher Caleb Thielbar throws during the ninth inning of a baseball game against the Detroit Tigers, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Minnesota Twins' Christian Vazquez (8) is greeted at home plate after a two-run home run during the sixth inning of a baseball game against the Detroit Tigers, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Detroit Tigers pitcher Joey Wentz throws during the seventh inning of a baseball game against the Minnesota Twins, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Detroit Tigers pitcher Will Vest throws during the seventh inning of a baseball game against the Minnesota Twins, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Detroit Tigers' Javier Baez is greeted at home plate by Carson Kelly after Baez's two-run home run during the third inning of a baseball game against the Minnesota Twins, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Detroit Tigers pitcher Joey Wentz throws during the sixth inning of a baseball game against the Minnesota Twins, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Detroit Tigers pitcher Joey Wentz walks next to the mound as Minnesota Twins' Christian Vazquez rounds the bases after a two-run home run during the sixth inning of a baseball game, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Minnesota Twins' Christian Vazquez is greeted in the dugout after a two-run home run during the sixth inning of a baseball game against the Detroit Tigers, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Minnesota Twins center fielder Byron Buxton misplays the double hit by Detroit Tigers' Matt Vierling during the seventh inning of a baseball game, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
Minnesota Twins' Byron Buxton approaches home plate after a solo home run during the first inning of a baseball game against the Detroit Tigers, Friday, July 26, 2024, in Detroit. (AP Photo/Carlos Osorio)
