Southwest
Arizona rancher's defense expert rips $1M 'political prosecution' by 'ethically bankrupt' officials
Before prosecutors decide on Monday afternoon whether they’ll pursue a second trial against Arizona rancher George Alan Kelly, a criminologist consulting for the defense told Fox News Digital that the state has already spent upwards of $1 million in pursuit of this “political prosecution,” drawing from taxpayer dollars in the state’s poorest county in an area situated along the U.S.-Mexico border.
Dr. Ron Martinelli, a criminologist working pro bono for Kelly’s defense team, accused Santa Cruz County Attorney George Silva and Sheriff David Hathaway of “extreme confirmation bias” in their handling of the case, which centered on the death of Gabriel Cuen-Buitimea, a Mexican national found fatally shot on Jan. 30, 2023, after Kelly called Border Patrol for help from his 170-acre cattle ranch outside Nogales, Arizona.
“The actors in this county and the county prosecutors and the sheriff in this county, and the investigators in this case stand out to me to be the most morally and ethically bankrupt people I’ve ever encountered in my 50-year career,” Martinelli told Fox News Digital last week. “It was singular in the way that they looked at this case and the way they handled this case.”
Fox News Digital has reached out to Silva and Hathaway for comment.
“This was a political prosecution,” Martinelli added. “They had zero forensic evidence. They had tons of exculpatory information and evidence supporting Mr. Kelly’s innocence in this. Yet they continued to push forward and with their false narratives to convict this man. I would suggest, this is my opinion, that they used lawfare against him. I mean, they didn’t even have a motive that they were able to establish in this case.”
Silva, Hathaway and Michael Jette, a contracted prosecutor, were all absent from court on April 22, when Arizona Superior Court Judge Thomas Fink declared a mistrial, Martinelli said.
Jette had delivered the closing argument days earlier. Silva had opted to have Santa Cruz County Deputy Attorney Kimberly Hunley spearhead the state’s case during the month-long trial.
ARIZONA RANCHER GEORGE ALAN KELLY DEFENSE SAYS ‘LONE HOLDOUT’ JUROR BLOCKED ACQUITTAL, STATE WEIGHS 2ND TRIAL
“Mr. Silva, who’s running for office, and also the sheriff, Mr. Hathaway, running for office. Who were the two people?” Martinelli said. “Who didn’t show up for the last day, the most important day of the trial? The two people that we believe are the moving forces [behind Kelly’s prosecution]. Why are these people that were pushing this case absent on the last day of trial?”
George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Arizona, Feb. 22, 2023. (Mark Henle/The Arizona Republic via AP, Pool, File)
“If the county prosecutor, for God knows whatever reason, wants to bring this case back into trial, I will promise you… I will throw personally every single resource of Martinelli and Associates Justice and Forensic Consultant into this case. We held back. I won’t hold back any longer,” Martinelli added. “They can’t fix it. They can’t remediate their witnesses. They made serious errors of judgment.
“And this trial, we believe, cost the citizens of Santa Cruz County over $1 million and thousands of man-hours in this case, and they can’t fix it,” he said. “Santa Cruz County is the most impoverished county in Arizona. The public – does the public want to pay for this to go again? And I guarantee you, it will end up, most likely with a full acquittal the next time around.”
The jury remained deadlocked and therefore unable to reach a unanimous decision to convict Kelly of second-degree murder or any of the lower counts of manslaughter, negligent homicide or aggravated assault with a deadly weapon following more than 15 hours of deliberation. Fink scheduled a status hearing for 1:30 p.m. Monday, when the state is expected to reveal whether they want to reset the matter for a second trial.
The defense said that seven jurors wanted to acquit Kelly, but one “lone holdout” was unwavering in wanting to convict the elderly rancher despite the evidence and testimony.
Martinelli pointed to prosecutors’ “false narrative” during the trial that Cuen-Buitimea was an “unarmed migrant pursuing the American Dream.” The defense claimed that prosecutors failed to prove through forensics, ballistics or otherwise that Cuen-Buitimea was shot by Kelly’s gun, maintaining that the rancher only fired warning shots into the air from his patio earlier that day. The fatal bullet was never recovered from the scene.
Kelly’s wife, Wanda Kelly, testified about dialing their Border Patrol ranch liaison upon spotting two armed men dressed in camouflage and carrying rifles and backpacks walking about 100 feet from their home. Law enforcement responded to the property, and hours passed before Kelly called Border Patrol again to report finding the body about 115 yards from the ranching couple’s residence.
George Alan Kelly listens to closing arguments in Santa Cruz County Superior Court, April 18, 2024, in Nogales, Arizona. (Angela Gervasi/Nogales International, via AP, Pool)
Martinelli also excoriated Hathaway’s testimony about having crossed the border to Mexico weeks after the shooting on Kelly’s ranch to interview Daniel Ramirez, a Honduran man who prosecutors claim was the sole sight witness to Cuen-Buitimea’s death. Defense attorneys said, based on Ramirez’s own testimony, he was not there.
JUDGE DECLARES MISTRIAL IN CASE OF ARIZONA RANCHER CHARGED WITH MURDER OF MEXICAN NATIONAL ON BORDER PROPERTY
Ramirez testified that he formerly ran drugs across the border, though not on the day of the shooting, and had been deported several times.
Hathaway, who only recorded about six minutes of a 40-minute interview with Ramirez, was pressed about a conduit who arranged the meeting in Mexico named Juan Carlos Rodriguez. According to Martinelli, prosecutors also offered no evidence contrary to the defense theory that a rip crew, a gang of bandits, sometimes cartel affiliated, could have shot Cuen-Buitimea and robbed him.
Martinelli told Fox News Digital that the county attorney’s office was forced to reveal to the defense team that Rodriguez is a twice convicted felon – the first for aggravated assault and domestic violence after strangling his girlfriend, and then he served another two years in prison “for the transportation of weapons into the United States.”
“There was definite cartel influence throughout this case that continually was obstructed by the county prosecutors,” Martinelli told Fox News Digital. “There is a war going on across the American border. This is a different type of dynamic, where the people are actually being personally impacted. These ranchers, across this border, with the trespassing, you know, armed drug cartel and human trafficking.”
“Just imagine being on an isolated ranch in your 70s. You and your wife. And you are frequently seeing armed incursions on your ranch,” he added. “It’s a war. We try to fight this war in an ethical, moral and legal way of doing it. But we can’t be obstructed by a degraded criminal justice and law enforcement system. We can’t allow that to happen in the United States of America. We want to be a free country.”
Prosecutor Michael Jette addresses jurors during closing arguments in Santa Cruz County Superior Court, April 18, 2024. (Angela Gervasi/Nogales International, via AP, Pool)
Martinelli also threatened to bring a complaint against Hathaway, who was pressed by the defense for having been featured in a YouTube video published about a month ago by real estate agent Sydney Wilburn, who goes by Big Super online, in which the sheriff gives a tour of his home and the borderland neighborhood where his family has resided since the 1800s.
In the video, Hathaway references the Kelly case and asserts that the rancher wanted to “go hunt me some Mexicans.” The sheriff also compared Border Patrol and the sheriffs of surrounding counties to the “Gestapo,” adding that Border Patrol has committed “unmentionable atrocities that they’ve never been prosecuted for.”
“And at the same time that he criticizes the other law enforcement agencies for seeking out money and, quote, ‘sensationalizing crime at the border,’ he’s so hypocritical because he has applied and received grant money for Santa Cruz County to interdict drugs and human trafficking in his own county,” Martinelli said. “Whether or not the county prosecutor in this case decides to move forward with further prosecution against Mr. Kelly, I will personally, and I won’t be the only one – there are going to be a number of law enforcement sources that are going to write letters of complaint to the Arizona Commission of Peace Officer Standards and Training.”
He also vowed complaints to the Department of Justice, Santa Cruz County grand jury and the Arizona Board of Corrections for alleged violations of Kelly’s civil rights while he was held for weeks last year on $1 million cash bond in connection to the later-downgraded first-degree premeditated murder charge.
GoFundMe booted Kelly’s defense fund from the platform before GiveSendGo, a Christian crowd-sourcing alternative, picked up fundraising for the elderly rancher.
“All of these agencies need to audit the Santa Cruz County Sheriff’s Department, both their CID and their corrections division,” Martinelli said. “People in Santa Cruz County are afraid. Even though Sheriff David Hathaway and the prosecutor try to obstruct and preclude people from knowing that there were serious problems in Santa Cruz County on the border. There is absolute cartel influence in Santa Cruz County. The people know it, they’re scared of it. And now they’re really concerned about the people, like the sheriff and the county prosecutor, that they voted into office to protect them, and they’re not protecting them.”
Martinelli added that the Kellys have used up about $2 million in personal funding and funding from their legal defense fund on GiveSendGo, asking for additional donations and “prayers” for the couple.
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Southwest
FAA restricts Texas airspace after Pentagon reportedly strikes down Customs and Border Protection drone
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The Federal Aviation Administration (FAA) restricted flights Thursday near Fort Hancock, Texas, after a U.S. Customs and Border Protection (CBP) drone was reportedly shot down by a laser sytem operated by the Pentagon.
While government agencies have not identified who the drone belonged to, top Democrats on the Transportation and Infrastructure Committee released a joint statement Thursday evening claiming the drone belonged to CBP.
U.S. Reps. Rick Larsen, Bennie Thompson and Andre Carson said their “heads are exploding over the news” that a CBP drone was shot down by the Pentagon with “a high risk counter-unmanned aircraft system.”
The legislators added that this incident is “the result of [the White House’s] incompetence” after a “short-sighted” decision to “sidestep a bipartisan, tri-committee bill to appropriately train C-UAS operators and address the lack of coordination between the Pentagon, DHS and the FAA.”
The FAA expanded a temporary flight restriction near Fort Hancock, Texas, after lawmakers said a Pentagon-operated counter-drone system may have shot down a U.S. government drone. (iStock)
In a joint statement provided to Fox News Digital, the Department of War, CBP and the FAA said the DOW used counter-unmanned aircraft system to respond to a “seemingly threatening unmanned aerial system operating within military airspace.”
The departments said the engagement took place “far away from populated areas and there were no commercial aircraft in the vicinity,” adding they “will continue to work on increased cooperation and communication to prevent such incidents in the future.”
The departments said they are “working together in an unprecedented fashion to mitigate drone threats by Mexican cartels and foreign terrorist organizations at the U.S.-Mexico border.”
“The bottom line is the Trump Administration is doing more to secure the border and crack down on cartels than any administration in history,” the statement added.
FBI RAMPS UP COUNTER-DRONE EFFORTS AS PATEL WARNS OF GROWING THREATS FROM CRIMINALS, TERRORISTS
Congressional aides told Reuters that the Pentagon reportedly used the high-energy laser system to accidentally shoot down the CBP drone near the Mexican border, an area that frequently sees incursions from drones believed to be operated by Mexican drug cartels.
The FAA told Fox News Digital that a temporary flight restriction (TFR) was “already in place” around the Fort Hancock area and that the TFR “has been expanded to include a greater radius to ensure safety.”
The restriction does not impact commercial flights, the agency said.
The FAA said in a Notice to Air Missions (NOTAM) that airspace around Fort Hancock was temporarily restricted for “special security reasons.”
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The restriction comes a couple of weeks after the FAA grounded flights to and from El Paso International Airport for 10 days before lifting the order roughly eight hours later.
Drones operated by Mexican drug cartels breached American airspace earlier this month near El Paso International Airport in Texas, leading the FAA to temporarily close the airport. (Kirby Lee/Getty Images)
A Trump administration official previously told Fox News that the initial lockdown came in response to “Mexican cartel drones” that breached U.S. airspace.
A U.S. official later confirmed that the U.S. military had shot down what was later determined to be a party balloon near El Paso.
Fox News Digital reached out to the White House for comment and was directed to the joint statement provided by the Department of War, Customs and Border Patrol and Federal Aviation Administration.
Fox News Digital’s Anders Hagstrom and Reuters contributed to this report.
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Southwest
Corporate America is on the move, and these red states are cashing in
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A wave of corporate relocations is reshaping the U.S. economy, and Texas is emerging as the clear winner.
According to a report by CBRE, one of the nation’s largest commercial real estate brokerage firms, 561 companies have relocated their headquarters nationwide since 2018. The research shows many companies are reassessing tax climates, operating costs and growth prospects as they consider a move.
That’s significant because these moves are often driven by long-term financial and growth strategies, not just geography — giving business-friendly states a competitive edge.
From Texas to Tennessee, those states are racking up new headquarters, while blue strongholds like California and New York are losing companies at a notable clip.
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Dallas recorded the highest number of corporate headquarters relocations in the country. (Beata Zawrzel/NurPhoto/Getty Images)
The Lone Star State clearly dominates the relocation map. Dallas-Fort Worth captured 100 headquarters moves between 2018 and 2024 — the most of any metro in the country — while Austin secured another 81 and Houston added 31. Combined, those three markets accounted for more relocations than most entire states, cementing Texas’ outsized role in reshaping the corporate landscape.
Meanwhile, California metros saw the steepest net losses, led by the San Francisco Bay Area with a net loss of 156 headquarters over the same period.
As blue states debate regulation and tax policy, Texas business leaders say the state’s approach is paying off. Megan Mauro, interim president and CEO of the Texas Association of Business, points to the state’s tax structure and lighter regulatory climate as key draws.
“We have a light regulatory touch and no personal or corporate income tax,” Mauro said, citing Texas’ recent $25 billion surplus as evidence of what she calls a competitive tax environment.
Her argument aligns with research from CBRE, which found that companies most often cite lower taxes, reduced operating costs and stronger growth opportunities when relocating their headquarters.
The shift has intensified scrutiny of tax policy in high-cost states. Steve Moore, economist and co-founder of Unleash Prosperity, said those states risk driving away wealth and investment.
“It is common sense for business leaders to pick places for future financial success rather than economic suffocation,” Moore told Fox News Digital.
CALIFORNIA’S LOOMING CAPITAL FLIGHT PROBLEM COULD RESHAPE STATE IN 3 KEY AREAS
California Gov. Gavin Newsom has previously said that he does not support the “billionaire tax” measure. (Sean Rayford/Getty Images)
He argued that proposals such as California’s 2026 Billionaire Tax Act are accelerating the outflow of the state’s ultra-wealthy residents to lower-tax states like Texas and Florida.
“These business tycoons are running to states like Florida and Texas because of lower taxes, economic freedom and future economic prosperity,” he said, describing it as “voting with their feet.”
That shift is also reflected in population data.
From 2021 to 2024, Texas and Florida posted the largest net population gains, while California and several northeastern states recorded some of the steepest losses, according to IRS and U.S. Census Bureau data.
Moore added that the broader economic implications extend beyond corporate balance sheets.
Growth in states like Texas can expand the tax base and provide additional funding flexibility for infrastructure, education and other priorities — often without raising tax rates.
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President Donald Trump pointed to job growth and other economic milestones during his State of the Union speech on Feb. 24, 2026. (Win McNamee/Getty Images)
Economic performance frequently shapes midterm messaging, and migration trends like these are poised to feature in debates over tax competitiveness.
Whether those patterns endure remains to be seen. For now, though, population flows are reinforcing a broader argument: tax policy is no longer an abstract debate — it’s shaping where Americans choose to build their futures.
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Southwest
RICK PERRY: Where’s the beef? Trump knows and he’s trying to make it affordable
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“America First” has been more than a slogan for President Trump. It has become a governing framework and near-mandate for his administration. America First policy decisions have manifested across immigration strategy, energy regulation, and, perhaps most clearly, trade policy.
The beef market has been in desperate need of an America First recalibration after President Joe Biden’s failed policies. Ground beef prices have become astronomical, reaching an average of $6.69 per pound in December, the highest price since tracking began in the 1980s.
These price increases are outpacing those of other food categories due to structural problems within the domestic beef market. Analysis from the American Farm Bureau Federation shows the domestic herd has fallen to a 75-year low and is continuing to shrink as fewer calves are retained for breeding. As a result, the U.S. cattle herd is unlikely to expand until at least 2028.
From my time as governor of Texas and agriculture commissioner for the nation’s leading cattle-producing state, I understand both the gravity of this situation and the need for a deliberate policy response.
Cattle are shown in pens at the Cattlemen’s Columbus Livestock Auction in Columbus on Wednesday, Oct. 8, 2025. (Melissa Phillip/Houston Chronicle/Getty Images)
In October, President Donald Trump addressed the need for beef affordability measures and signaled plans to increase imports, which he recently finalized through an executive order, opening the U.S. to an additional 80,000 metric tons of lean beef trimmings from Argentina this year.
This step is valuable because the U.S. does not produce enough beef to meet domestic demand, necessitating imports. Argentina is a strategic and well-suited partner to remedy our beef shortage because they specialize in lower-cost, lean beef. These trimmings from Argentina will be blended with fattier domestic beef to produce hamburgers and ground beef products – affordable staples in high demand.
Importing the specific type of affordable beef directly addresses supply and aligns with an America First approach. Expanding lean beef imports will reduce pressures on our beef supply, thus reducing costs for consumers while protecting cattle ranchers’ premium production.
THE SURPRISING REASON WHY AMERICANS COULD FACE HIGH BEEF PRICES FOR YEARS
The impacts of these smart imports are complemented and multiplied by broader efforts to strengthen the cattle sector, including Agriculture Secretary Brooke Rollins’ October plan to fortify the American beef industry and President Trump’s directive for the Department of Justice to crack down on foreign-owned meat packing cartels.
Beyond these efforts, the administration should reassess the existing allocation of tariff-rate quotas (TRQs), which were configured in 1995. Reworking would acknowledge shifts in global production patterns and domestic market needs, putting U.S. ranchers in a better position.
Today, the overwhelming share of tariff-free beef imports are dedicated to Australia and New Zealand. Both countries focus heavily on premium, grass-fed exports – products that compete directly with higher-end U.S. beef in domestic and international markets.
By contrast, lean beef imports from South America primarily serve the lower-cost blended segment. Ranchers and their supporters criticizing the import increase from Argentina, but failing to push back about the near-unlimited market access Australia and New Zealand have are fighting the wrong battles.
The beef market has been in desperate need of an America First recalibration after President Joe Biden’s failed policies.
Some policymakers have raised concerns that imports would sideline American ranchers and that we should focus on cutting red tape, lowering production costs and supporting cattle herd growth. These priorities are valid – but they’re not mutually exclusive with strategic imports.
RFK JR BACKS BEEF, DECLARING ‘WAR ON PROTEIN IS OVER’ AS HE THANKS AMERICA’S CATTLE RANCHERS
The notion that imports should be avoided is misguided and ignores structural supply realities. Strategic imports like lean trimmings can stabilize prices while allowing U.S. producers to concentrate on premium markets, where profitability is strongest. This is how we pave the path for rancher success.
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If U.S. ranchers are forced to simultaneously try and dominate serving both low-margin ground products and high-margin premium markets with higher-end cuts, they may become overwhelmed. From a long-term market perspective, overextension can discourage heifer retention and delay necessary herd rebuilding.
President Trump and his team are on the right path with the Argentina deal. This expansion should be defended unapologetically, incorporated beyond just 2026, and considered as part of a long-term strategy rather than a temporary measure.
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Permanently expanding Argentina’s tariff-free access to the U.S. market for lean beef trimmings is how we ensure prices stop rising. The administration should also consider opportunities for expanded imports from other South American nations, such as Paraguay and Uruguay, where production aligns with U.S. market gaps.
Building an American First beef market requires precision and long-term thinking. The current policy shifts are moving in the right direction, which will support ranchers, strengthen our market and deliver affordability for American consumers.
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