Jury deliberating in trial of rancher accused of killing unarmed migrant

NOGALES, Ariz. — A defense attorney for rancher George Alan Kelly argued Thursday that the investigation into the shooting of an unarmed migrant on Kelly’s property was beset by flaws and “confirmation bias,” and theorized that the victim was robbed and killed by a group of criminals.

“The investigators go out there already believing that this guy (Kelly) has confessed. They already have their suspect before they arrive at the scene,” defense attorney Brenna Larkin told jurors on Thursday. “Nobody seemed to think maybe there are other crimes that took place here.”

Prosecutors countered that the evidence supports the most straightforward explanation: that one of the nine shots Kelly fired with his AR-47 killed 48-year-old Gabriel Cuen Buitimea.

“Sometimes the easiest answer is the right answer,” prosecuting attorney Mike Jette told jurors.

Prosecutors and defense attorneys made their closing statements on Thursday, nearly four weeks into a trial that has garnered national attention.

Kelly, 75, is charged with second-degree murder in the death of Cuen Buitimea on the rancher’s 170-acre property near the U.S.-Mexico border, east of Nogales.

Before closing statements began, Judge Thomas Fink instructed the jury that they could consider lesser charges of manslaughter or negligent homicide, if they don’t agree to convict on the second-degree murder charge.

Kelly fired his AK-47 after seeing a group of migrants passing through his Kino Springs property on Jan. 30, 2023, in what prosecutors say was an act of reckless disregard for human life.

Cuen Buitimea’s body was found, unarmed, 115 yards away from Kelly’s home. But attorneys for Kelly claim the rancher saw another group of migrants, closer to his home, who were armed with rifles, and he fired warning shots over their heads.

Investigators found no evidence that a large group of migrants had been in the area, nor did they find bullet casings in the field that could account for the sound of a gunshot Kelly claims he heard that day.

The bullet that killed Cuen Buitimea was never recovered, though law enforcement found nine spent bullet casings from Kelly’s AK-47 in his patio.

Defense attorney Larkin said Cuen Buitimea’s unzipped backpack, and a fanny pack with a broken buckle, indicate a possible robbery. Prosecutors said forensic experts found no evidence of a struggle, nor that his body had been dragged from where he fell.

Jette also highlighted inconsistencies in Kelly’s initial reports to law enforcement, saying at various times that he saw between five and 15 men on his property. Kelly also initially told Border Patrol agents that a group of migrants was too far from his home for him to be able to see if they were armed. But he later told a detective that the migrants were running with weapons and pointed the weapons at him.

Kelly earlier rejected a plea deal that would have reduced the charge to one count of negligent homicide if he pleaded guilty, the Associated Press reported.

The defense has said that Kelly and his wife had become increasingly fearful of smuggling activity and armed men on their property.

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Prosecutors say Cuen Buitimea and a friend, Daniel Ramirez, who testified in the trial, went to the U.S. in search of roofing work that day. The pair was traveling with a larger group of migrants when they encountered Border Patrol agents. The group scattered, and Cuen Buitimea and Ramirez fled towards the U.S.-Mexico border, crossing through Kelly’s property.

“Gabriel was judged that day and sentenced to death by the defendant,” said Jette, who is deputy county attorney for Santa Cruz County and is running for Pima County attorney.

Jette asked jurors to consider how a “reasonable person” would behave in Kelly’s situation, when deciding whether he’s guilty of second-degree murder.

“When you see two unarmed migrants walking southbound, beyond two fence lines, and you take your AK-47 and walk out and don’t say a word, point it at them and shoot, would that be what a reasonable person would do in that situation?” he said. “The answer has to be no.”

Court records show Cuen Buitimea had previously entered the U.S. illegally several times and was deported, most recently in 2016, according to the AP.

Throughout the trial, the jury heard from multiple witnesses, including Kelly’s wife Wanda who testified that on the day of the shooting, she saw two men with rifles and wearing backpacks pass their ranch home. She did not hear the gunshot Kelly said he heard.

The jury also heard from Ramirez, a Honduran national who had known Cuen Buitimea for about a year. Kelly is also facing a charge of aggravated assault with a deadly weapon against Ramirez.

The defense highlighted inconsistencies in Ramirez’s testimony, such as telling investigators that he and Cuen Buitimea were west of Nogales instead of east, and that they were much closer to the border, and to Kelly’s ranch house, than where Cuen Buitimea’s body was found.

“What does that mean? It means he wasn’t there,” Larkin said. “It means he is telling a story. Why? We don’t know. But you can’t be there and get it this wrong. It is not possible.”

Prosecutors sought to portray the inaccurate statements as understandable, coming from the traumatized victim of a crime, who had just seen his friend get killed and was nervous talking to law enforcement.

Prosecutor Jette said Ramirez’ most relevant statements were consistent with the facts, and proved he was there, such as his description of Kelly’s red horse and his recollection that Cuen Buitimea grabbed his chest after he was shot, before falling face forward to the ground.

Prosecutors displayed a photo of Cuen Buitimea’s body, after investigators had rolled him onto his back, showing his right hand still pressed to his blood-soaked shirt.

Larkin maintained that prosecutors failed to prove their case beyond a reasonable doubt.

“It’s not justice for Gabriel to hold the wrong person accountable for his death,” Larkin told the jury at the end of her closing statement. “If you decide we don’t really know what happened here, that means the verdict must be ‘not guilty.’ … And the fact is, we’re probably never going to know what happened to Gabriel, and we won’t know because the investigation in this case jumped to conclusions.”

Judge Fink excused the jury to begin deliberations at 2:40 p.m. Thursday.