Nogales rancher George Alan Kelly reacts to Judge Thomas Fink declaring a mistrial on Monday in the closely watched murder trial. After more than two days of deliberation, the jury deadlocked 7 to 1, with only one juror convinced of Kellyโ€™s guilt, according to defense attorney Kathy Lowthorp.

One juror, who refused to acquit Nogales rancher George Alan Kelly, was the lone holdout in the closely watched murder trial, according to Kellyโ€™s defense team.

The jury was split 7 to 1 in favor of acquittal, defense attorney Kathy Lowthorp confirmed to the Arizona Daily Star on Tuesday.

Kelly is accused of killing an unarmed migrant on his property last year. Lowthorp said heโ€™s received โ€œa tonโ€ of support and the Kelly family is grateful and optimistic, despite facing the possibility of a retrial, she said.

โ€œThey would have loved to have an ending to this story,โ€ she said. โ€œThey know it was a victory, but not the 100% victory they were hoping for.โ€

Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial Monday due to the deadlock. Jurors had deliberated for about 16 hours following the nearly four-week trial, which drew national attention.

Prosecutor Kim Hunley, chief deputyย Santa Cruz county attorney, is expected to announce at a Monday status hearing whether the case is headed for a retrial or not. Kelly is charged with second-degree murder and one count of aggravated assault with a deadly weapon.

Fink had instructed the jury that they could consider lesser charges of manslaughter or negligent homicide, if they couldnโ€™t agree to convict on the second-degree murder charge.

Hunley declined to comment after the mistrial ruling. Prosecutor Mike Jette said Tuesday he couldnโ€™t comment on the case at this time.

Representatives from the Mexican consulate in Nogales, Arizona followed the case closely and have been supporting the family of Mexican national Gabriel Cuen Buitimea, whom prosecutors say was killed by a bullet from Kellyโ€™s AK-47 last year.

Cuen Buitimeaโ€™s body was found 115 yards from Kellyโ€™s patio, where law enforcement recovered nine spent bullet casings from Kellyโ€™s AK-47. The bullet that killed Cuen Buitimea was never found.

Nogales Consul General Marcos Moreno Bรกez said his office was โ€œsurprisedโ€ by Mondayโ€™s outcome but trusts justice will prevail.

โ€œWe will continue to accompany Mr. Cuen Buitimeaโ€™s family very closely,โ€ Moreno Bรกez said in a Tuesday email. โ€œBoth the young daughters of Mr. Cuen Buitimea are devastated but they will continue to seek justice.โ€

Moreno Bรกez said the prosecution showed Cuen Buitimea was an innocent victim, despite defense attorneysโ€™ efforts to paint him as involved in criminal activities.

โ€œIn the 17 days of hearings, and the concluding remarks of both parties, it was clear that Mr. Gabriel Cuen Buitimea was no threat to anyone,โ€ he said. โ€œHe was walking unarmed towards Mexico and there was nothing to suggest his involvement in alleged illegal activities. He was shot in the back with an AK-47, an unprovoked deadly attack while being hundred yards from the suspectโ€™s residence.โ€

On Tuesday, Lowthorp reiterated the defenseโ€™s argument that the investigation into Cuen Buitimeaโ€™s death was biased from the start. She said the Border Patrol ranch liaison, to whom Kelly reported Cuen Buitimeaโ€™s body, falsely conveyed to the sheriffโ€™s office that Kelly had said he shot someone. So detectives came into the investigation believing Kelly had stated that he shot someone and failed to investigate other possible culprits, she said.

โ€œIt was that old game of telephone. From then on, the investigation was shot,โ€ Lowthorp said.

During the trial, prosecutors Hunley and Jette argued Kelly was evasive and inconsistent when he reported finding Cuen Buitimeaโ€™s body to a Border Patrol ranch liaison, suggesting Kelly thought the matter could be โ€œbrushed under the rug.โ€

Later, speaking with a 911 dispatcher, prosecutors say Kelly tried hard to avoid saying heโ€™d found a dead person on his property. Instead, Kelly described Cuen Buitimeaโ€™s body as that of โ€œan animal โ€” itโ€™s not a vegetable or a mineral.โ€

Kelly only admitted that he had fired his AK-47 about 30 minutes into a 50-minute interview with detectives that night, prosecutors said. That was after also failing to tell other law enforcement officers on his property earlier in the day that he had fired his weapon.

Defense attorneys said Santa Cruz County detectives โ€œbrowbeatโ€ Kelly during an interrogation. But prosecutors quoted Kelly telling detectives they were โ€œvery professional.โ€

Lowthorp told the Star she got to speak to two jurors, who voted to acquit, for about 30 minutes after court recessed on Monday. The jurors conveyed they thought the defenseโ€™s narrative was effective and thorough, she said. Still, Lowthorp said the defense might adjust its strategy somewhat if the prosecutors decide to re-try the case.

โ€œYou gotta do something to keep them (prosecutors) on their toes,โ€ she said.

Lowthorp said the only other hung jury sheโ€™s encountered in her 24-year career resulted in a retrial and eventual acquittal for her client.

She said she hopes people โ€œsay some prayers for Monday, that we donโ€™t have to go through this again.โ€

Prosecutor gives closing argument in trial of an Arizona rancher charged with killing migrant

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Contact reporter Emily Bregel at ebregel@tucson.com. On X, formerly Twitter: @EmilyBregel