Craig Smith is KGUN 9's Southeast side reporter. Send your story ideas to Craig at [email protected].
NOGALES , Ariz. — In Nogales , prosecutors have a big decision ahead—should they try again to convict rancher George Alan Kelly of second degree murder, even after a jury could not agree on a verdict?
On Monday, George Alan Kelly left the Santa Cruz County courthouse knowing that without a firm verdict to settle the charges, he could face another trial.Kelly told investigators that on January 30, 2023, he stepped out on his patio and fired shots from an AK 47 after he heard a gunshot, saw armed men on his ranch and fired over their heads to drive them off.
A second degree murder charge does not ask jurors to conclude Kelly killed the man deliberately, but that the man died through Kelly taking actions clearly dangerous to human life. Lesser included offenses of manslaughter or negligent homicide also ask jurors to conclude reckless behavior by Kelly resulted in the man's death.
Investigators testified Cuen Buitema’s wound was consistent with a bullet fired from near Kelly’s house. They said Kelly made inconsistent statements about the number of intruders and whether they had guns or not.
Cuen Buitema George Alan Kelly Hung Jury KGUN9 Kathy Lowthorp Mistrial Nogales Santa Cruz Rancher
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