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Arizona rancher defense consultant claims 'cartel influence' in murder probe, rips sheriff's past comments

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Arizona rancher defense consultant claims 'cartel influence' in murder probe, rips sheriff's past comments

A consultant for Arizona rancher George Alan Kelly’s defense team told Fox News Digital that they believe the murder investigation was mired by “cartel influence,” as Santa Cruz County Sheriff David Hathaway is expected to take the stand this week to testify about traveling across the border to Mexico to interview the prosecution’s main witness. 

Hathaway, who the defense told the judge last week they plan to call as a witness, was notably 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 borderlands neighborhood where his family has resided since the 1800s. 

The sheriff referenced the Kelly case on camera, without using the rancher’s name, describing how “there are people that’ll come to the border thinking they’re going to find some action.” 

“Like, we had a rancher here that had been writing fan fiction on Amazon, and he was describing himself hunting migrants with his AK-47, and he actually even used his name, and his wife’s name, and his ranch’s name, and he came from somewhere else,” Hathaway said. “Then we caught him out there actually shooting at some people out there, shooting at some migrants, killed one of them, and one of them got away, so now he’s being prosecuted for homicide in the county.” 

ARIZONA RANCHER GEORGE ALAN KELLY’S WIFE TESTIFIES IN MURDER TRIAL, DESCRIBES ARMED MEN NEAR BORDERLANDS HOME

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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)

Walking his property, and speaking to the camera, the sheriff continued, “That’s an example of a guy with that mentality. They come out here, and they want to say, ‘I’m out here in the Wild West,’ and they want to have a big tough story to tell. ‘I’m gonna go out there, and hunt me some Mexicans,’ you know? And that appeals to some people, but that’s not a common thing.”

“He’s an extremist,” Wilburn, who has 120,000 YouTube subscribers, chimes in from off-camera. 

“Yeah, you would not see people like that,” Hathaway added in the 52-minute video viewed by Fox News Digital. “It’s not like there’s a bunch of groups wandering around with that attitude.” 

Fox News Digital reached out to Hathaway for comment, but he did not immediately respond.

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Dr. Ron Martinelli, a forensic criminologist who is working pro-bono for the Kelly defense as their lead consultant with the forensic death investigation, told Fox News Digital that “these are completely inappropriate, prejudicial and extremely biased statements about a criminal defendant.” 

The consultant said the video was referencing Kelly because, although Hathaway didn’t mention Kelly by name, the sheriff had been “literally driving through Mr. Kelly’s neighborhood.” 

“But what is Mr. Kelly’s motive? So we have a rancher on a very nice ranch with an impeccable background of cooperation with law enforcement. He’s never been in trouble in his life. And according to Sheriff Hathaway and the state’s theory of criminality, Mr. Kelly woke up one morning and just decided he was going to kill him, a Mexican?” Martinelli said. “That’s absurd.” 

ARIZONA RANCHER GEORGE ALAN KELLY TRIAL WITNESS ADMITS TO DRUG SMUGGLING

Kelly’s wife testified earlier in the trial that she saw a group of armed men dressed in camouflage and carrying packs near their residence on their 170-acre cattle ranch near Keno Springs outside Nogales, Arizona, before calling Border Patrol. Her husband went outside, and according to the defense, fired warning shots into the air.

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Law enforcement responded, and hours passed before Kelly called for help again to report finding Gabriel Cuen-Buitimea’s body on his property on Jan. 30, 2023. 

Kelly was charged with first-degree premeditated murder and held on $1 million bond for weeks as the case gained national scrutiny. The highest charge was later downgraded to second-degree murder. 

Last week, Santa Cruz County Det. Mario Barba testified that he accompanied Hathaway to Mexico to interview Daniel Ramirez, the prosecution’s key witness who claims to have seen first-hand when Buitimea was shot on Kelly’s ranch before fleeing across the border. Weeks after the shooting, Hathaway arranged a meeting with Ramirez at a hotel in Nogales, Mexico, and though the sheriff interviewed him for about 40 minutes, he only recorded about six minutes, Barba said. The detective said Ramirez “couldn’t cross into the United States legally” to be interviewed. 

“You could have spoken to Mexican officials to arrange something? Correct?” Kelly’s defense attorney, Brenna Larkin, asked. 

Santa Cruz County Chief Deputy Attorney Kim Hunley listens as she plays a 911 call for the jury during George Alan Kelly’s trial at Santa Cruz County Superior Court on Friday, March 22, 2024, in Nogales, Arizona. (Angela Gervasi/Nogales International via AP, Pool)

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“Correct,” the detective responded. 

“And you didn’t do that. Did you?” Larkin said. 

Barba replied, “No.” 

Taking the stand earlier in the trial, Ramirez admitted that he previously carried drugs across the border before and had been deported several times. 

The defense believes that the people contacted by the Santa Cruz County Sheriff’s Office to conduct their investigation into Kelly’s case are related or connected to the Sinaloa Cartel, Martinelli said. 

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“The Sinaloa Cartel and Manos Malas, an organized crime ring which is in league with Sinaloa, do not allow independent drug smugglers. So you have to be associated with the cartel,” Martinelli said. “When they meet with him, that was actually facilitated by another convicted, twice convicted felon — one of his last convictions that he did prison time for was bringing guns across the border.” 

George Alan Kelly, right, exits the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp, Friday, March 22, 2024, in Nogales, Arizona.  (Angela Gervasi/Nogales International via AP, Pool)

ARIZONA RANCHER GEORGE ALAN KELLY JURY TO TAKE FIELD TRIP TO BORDERLAND PROPERTY AT CENTER OF MURDER TRIAL

“The false narrative is out there that Buitimea and all these so-called witnesses are people seeking the American dream. Migrants seeking the American Dream do not smuggle drugs across the border or smuggle weapons across the border. And again, that is an indication of cartel influence, cartel membership,” the consultant said. “That has nothing to do with the narrative that the prosecutor and the sheriff were putting out there, that Mr. Buitimea was an innocent migrant seeking the American Dream.” 

While with Barba in Mexico, Hathway introduced himself as the supervising investigator in the case, Martinelli told Fox News Digital, meaning “he is the supervising investigator in an international investigation that he initiated in a foreign country.” The defense believes that was a violation of U.S. State Department protocols, as well as Mexican law created by Mexican President Andrés Manuel López Obrador and the country’s legislature providing guidelines for U.S. authorities while conducting criminal investigations in Mexico. 

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George Alan Kelly listens to the prosecution during opening arguments at Santa Cruz County Superior Court Friday, March 22, 2024 in Nogales, Arizona. (Angela Gervasi/Nogales International, via AP)

“There is no evidence he ever advised the Mexican government or requested permission to enter the country to conduct an international homicide investigation involving Mexican nationals. And that includes the federal police. The Mexican federal police,” Martinelli said. “What we want to find out today is how that meeting came about. How did they cross into Mexico? You know, did they drive there in a marked car? Were they in uniform with, you know with their, even plainclothes, with their badges and firearms? How did that take place? Because procedurally, that’s a huge thing.” 

Also on camera in the same YouTube video, Hathaway said that the U.S. Supreme Court has ruled that Border Patrol can search, detain and interrogate anybody within 100 miles of the U.S. international border. 

“And the Supreme Court had called that extended border search authority,” Hathway said. “To me, it’s a real problem to have a policy like that within the U.S. government because this is supposed to be America. This is supposed to be a free country, right? I mean, you shouldn’t have people who can pull you over for no reason like they’re the Gestapo or something like that. For me, that’s a problem.” 

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Hathaway also went on to criticize the sheriffs of other neighboring counties for decrying the border crisis.  

“He minimizes the victimization of migrants coming across the border. The rape of migrants. The murder and the robberies of migrants,” Martinelli said. “But at the same time, he is enjoying a financial grant from DHS to patrol the border with his deputies… He doesn’t have any problem taking money from the United States government for his deputies’ patrol.” 

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RICK PERRY: Where’s the beef? Trump knows and he’s trying to make it affordable

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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.

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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

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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. 

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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.

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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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5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’

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5th Circuit clears Texas to enforce drag show law in front of minors, Paxton claims ‘major win’

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An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so.

A panel of the U.S. Court of Appeals for the 5th Circuit reaffirmed its November ruling, saying Texas can enforce the 2023 law regulating “sexually oriented performances.” The two-judge panel said only one plaintiff in the case had standing and sent the lawsuit back to the lower court to reevaluate the plaintiff’s First Amendment claim.

Texas Attorney General Ken Paxton, who is a candidate for Senate, framed the decision as a “major win” in a statement on social media.

“I successfully defended a law protecting children from being exposed to sexually illicit content at erotic drag shows,” Paxton said. “I will always work to shield our kids from exposure to erotic and inappropriate sexually oriented performances.”

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A drag queen performs a routine set to the song “Killing in the Name” by Rage Against the Machine at the Texas State Capitol during the “No Kings” national rally in Austin, Texas on June 14, 2025, on the same day as President Trump’s military parade in Washington, D.C. (SERGIO FLORES/AFP via Getty Images)

The lawsuit, brought by numerous self-described LGBTQ organizations, centered on a state Senate bill that defined sexually oriented performances as visual performances that feature a nude person or sexual conduct and “[appeal] to the prurient interest in sex.” Under the law, a person could be prosecuted for causing a performance to occur in the presence of minors.

Judge Kurt Engelhardt, an appointee of President Donald Trump, authored the opinion and was joined by Judge Leslie Southwick, an appointee of former President George W. Bush.

The judges found that most of the plaintiffs, including a nonprofit called Woodlands Pride, did not have standing to bring First and Fourteenth Amendment challenges to the law because the groups’ performances were benign and therefore not relevant to the Texas law.

The judges said, however, that a group called 360 Queen Entertainment did engage in explicit enough performances, sometimes in the presence of minors, and therefore had standing.

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APPEALS COURT SAYS TEXAS CAN ENFORCE DRAG SHOW BAN, SUGGESTS NOT ALL DRAG SHOWS VIOLATE STATE LAW

The Texas State Capitol in Austin (Brandon Bell/Getty Images)

“Based on the evidence introduced at trial, 360 Queen’s performances arguably include proscribed conduct,” Engelhardt wrote. “The owner described one performance where a drag queen, who was wearing a ‘very revealing’ breastplate, pulsed the breastplate in front of people and put the breastplate in people’s faces.”

Sometimes those performances were visible to children, Engelhardt noted.

The panel ordered the district court to evaluate whether 360 Queen was right to claim the Texas law violated its free speech rights under the First Amendment.

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In a statement, Brian Klosterboer of the American Civil Liberties Union of Texas said the 5th Circuit effectively deemed some drag performances “family-friendly” but that the law, which will go into effect in March, still had perceived constitutional problems.

“The law’s vague and sweeping provisions still create a harmful chilling effect for drag artists and those who support them, while also threatening many types of performing arts cherished here in Texas, from theater to ballet to professional wrestling,” Klosterboer said.

An appellate court found on Wednesday that Texas can enforce a law regulating drag shows in public places and in the presence of minors, scrapping a lower court order that had enjoined the state from doing so. (Getty Images)

In 2023, Judge David Hittner, an appointee of President Ronald Reagan, found Texas’ law was unconstitutional. It is “not unreasonable” to think it could affect activities like live theater or dancing, Hittner wrote.

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Last November, the 5th Circuit vacated that order. On Wednesday, it reaffirmed that decision and denied the plaintiffs’ request to rehear their appeal.

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Man arrested on misdemeanor DUI charges outside Nancy Guthrie’s home after sobriety test

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Man arrested on misdemeanor DUI charges outside Nancy Guthrie’s home after sobriety test

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TUCSON, Ariz. — A 34-year-old man was arrested late Thursday night outside the Arizona home where Nancy Guthrie went missing earlier this month, the Pima County Sheriff’s Department told Fox News Digital.

Shortly before 8 p.m. Thursday, deputies arrested 34-year-old Antonio De Jesus Pena-Campos in front of Guthrie’s home on misdemeanor DUI charges, the department said. 

The arrest is not related to the Guthrie investigation, the Pima County Sheriff’s Department added.

Pima County sheriff’s deputies stopped a blue Chevrolet Equinox compact SUV near Nancy Guthrie’s Tucson home late Thursday night. A man was later taken into custody after what appeared to be field sobriety testing. (Fox News)

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Footage shows Pima County sheriff’s deputies shining a flashlight into the driver’s side of what appeared to be a blue Chevrolet Equinox compact SUV parked near the home where Guthrie was last seen Feb. 1.

Moments later, deputies spoke with Pena-Campos near a white canopy tent set up along the roadside as a deputy shined a flashlight toward the man’s face.

In another sequence, Pena-Campos walks in a straight line in what appears to be part of a field sobriety test. In subsequent footage, he is placed in the back of a sheriff’s pickup truck.

The man was detained as investigators continue searching for Guthrie, the 84-year-old mother of “Today” co-host Savannah Guthrie, who was reported missing Feb. 1 after authorities said she was taken during a home invasion. Investigators have said her pacemaker last synced with her iPhone around 2:30 a.m. that morning.

Her family has since offered a $1 million reward for information leading to her safe return as authorities continue to pursue leads.

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NANCY GUTHRIE’S NEIGHBOR SAW SUSPICIOUS MAN WALKING NEARBY 2 WEEKS BEFORE SUSPECTED ABDUCTION

A deputy shines a flashlight toward a man’s face during what appears to be field sobriety testing outside Nancy Guthrie’s Tucson home late Thursday night. The man was later taken into custody. (Fox News)

The development comes after a Catalina Foothills resident’s street-facing Ring camera captured 12 vehicles passing by between midnight and 6 a.m. on Feb. 1, the morning Guthrie is believed to have been abducted.

Some of the activity occurred around the 2:30 a.m. mark, roughly when authorities said the 84-year-old’s pacemaker last synced with her iPhone.

A man walks in a straight line under the direction of deputies during what appears to be field sobriety testing outside Nancy Guthrie’s Tucson home late Thursday night. (Fox News)

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Homeowners Elias and Danielle Stratigouleas told Fox News Digital that police had not canvassed their neighborhood in the 25 days since Guthrie was allegedly taken from her bed in what authorities have described as a home invasion kidnapping.

The couple said they alerted both the FBI and the Pima County Sheriff’s Department to the footage. It was not immediately clear whether the video would prove useful to investigators or whether any of the vehicles had traveled on Guthrie’s street.

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Pima County sheriff’s deputies speak with a man near a white canopy tent set up along the roadside outside Nancy Guthrie’s Tucson home late Thursday night. (Fox News)

The Stratigouleas home sits on a back road that leads out of Guthrie’s neighborhood and avoids major intersections. The property is approximately 2½ miles — or about a seven-minute drive — from the crime scene, according to Google Maps.

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One of the videos was recorded at approximately 2:36 a.m., roughly eight minutes after Guthrie’s pacemaker last synced with her iPhone, based on the sheriff’s timeline.

Fox News’ Michael Ruiz and Olivia Palombo contributed to this report. 

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