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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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Southwest

Texas woman tries to flee to Mexico across Rio Grande with infant after human smuggling bust, authorities say

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Texas woman tries to flee to Mexico across Rio Grande with infant after human smuggling bust, authorities say

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A Texas woman found with five illegal immigrants in her vehicle attempted to flee from authorities near the border by swimming across the Rio Grande into Mexico with an infant, officials said. 

Brenda Castro, a U.S. citizen, was a passenger in a Ford Explorer being driven by her husband, also an American citizen, on Dec. 19 in the border city of Laredo when he refused to stop for Texas Department of Public Safety (DPS) troopers, the agency said. 

Dashcam footage released by DPS shows the SUV traveling at a high speed along residential and rural roads. 

Authorities said a high-speed chase ensued when Castro bailed out of the vehicle with an infant and tried to swim across the river, which borders Mexico. 

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VIDEO SHOWS 23 ILLEGAL IMMIGRANTS FOUND HIDDEN IN TRUCK CAB DURING TENSE TRAFFIC STOP: POLICE

Brenda Castro jumped into the Rio Grande with an infant in an attempt to flee to Mexico during a high-speed chase with authorities while smuggling illegal immigrants, the Texas Department of Public Safety said.  (Getty Images; Texas Department of Public Safety)

Castro’s husband swam across and made it to Mexico, a DPS spokesperson told Fox News Digital. 

State and local law authorities at the scene directed Castro to come back to the U.S. side of the border, and she was arrested. 

TEXAS RAID TARGETING TREN DE ARAGUA GANG LEADS TO ARREST OF 140 ILLEGAL IMMIGRANTS 

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Bodycam footage shows Brenda Castro and an infant in the Rio Grande on the U.S.-Mexico border.  (Texas Department of Public Safety)

While in the river, authorities were heard telling Castro in Spanish to get back to dry land with the child. A law enforcement officer was then seen taking the child out of the water.

“I can’t believe you tried to run back with the baby. You both could have drowned,” a law enforcement officer told Castro while escorting her into a vehicle upon her arrest.

The child was placed under the care of authorities. 

Authorities said they found five illegal immigrants in Castro’s vehicle and turned them over to the U.S. Border Patrol. 

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The Rio Grande is seen from Laredo, Texas, U.S., September 19, 2020. Picture taken Sept. 19, 2020. (REUTERS/Veronica G. Cardenas)

Castro is charged with human smuggling and endangering a child.

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Ex-police officer given prison time in case prosecuted under Soros DA sees conviction overturned a year later

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Ex-police officer given prison time in case prosecuted under Soros DA sees conviction overturned a year later

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Texas’ 7th Court of Appeals has acquitted former Austin Police Department Officer Christopher Taylor, who had previously been convicted in connection with an on-the-job shooting and sentenced to two years in prison. 

“This case comes down to a single, unavoidable question: When an elevator door opens to reveal a man holding a knife who turns toward officers and advances, may an officer reasonably believe deadly force is necessary to prevent an imminent murder? The jury concluded no. The record and the governing law compel the opposite,” the opinion declared. 

“Following a plea of not guilty, Appellant, Christopher Taylor, was found guilty by a jury of deadly conduct by discharging a firearm,” the court noted. “We reverse and acquit.”

‘MISCARRIAGE OF JUSTICE’: SOROS DA RIPPED BY POLICE FOR ‘WAR’ ON COPS AFTER OFFICER SENTENCED TO PRISON

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Left: Christopher Taylor; Right: Travis County, Texas, District Attorney Jose Garza. (IMAGN/Getty Images)

Taylor was sentenced to two years in prison after being convicted of deadly conduct, after originally being charged with murder in the shooting death of 46-year-old Mauris DeSilva in 2019. 

DeSilva was in the midst of a mental health episode, walking around an apartment complex, threatening to harm himself and holding a knife to his throat, when he failed to drop the knife after being instructed by officers to do so.

Taylor and another officer opened fire during the incident, while another officer shot a taser, according to the background section included in the appeals court decision.

“In 2019, Appellant, then an Austin Police Department officer, and three fellow officers responded to a 911 call at a downtown Austin condo building. A resident, Mauris DeSilva, had been seen roaming the halls with a knife to his throat and threatening suicide,” the document explains.

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ILLEGAL IMMIGRANTS ALLEGEDLY RAN MULTI-MILLION-DOLLAR GIFT CARD FRAUD SCHEME HITTING STORES DAILY ACROSS TEXAS

Austin police officer Christopher Taylor listens during his sentencing hearing at the Blackwell-Thurman Criminal Justice Center on Tuesday Dec. 3, 2024. (Jay Janner/American-Statesman / USA TODAY NETWORK via Imagn Images)

“Bodycam footage showed that when the elevator doors opened, DeSilva was facing a hallway mirror with the knife at his throat. He turned and approached the officers. They had not designated a single officer to issue commands, and all four shouted orders, including ‘show me your hands’ and ‘drop the knife’,” the document says. 

“DeSilva lowered the knife to his side but continued forward. Almost simultaneously, the taser officer fired, and the two officers with drawn weapons fired as well. Appellant fired five shots, and the other officer fired twice. DeSilva died at the scene,” the document notes. 

“Appellant was indicted for deadly conduct with a firearm and pleaded not guilty, asserting self-defense and defense of others,” the document noted, adding that a jury found Taylor guilty and a court sentenced him to “two years’ imprisonment.”

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Fox News Digital previously spoke to members of the law enforcement community in Austin who said that Taylor’s prosecution represented a malicious targeting of police officers by Travis County’s progressive district attorney, José Garza.

In response to Taylor’s conviction being overturned this week, Austin Police Association President Michael Bullock said the appeals court decision “once again shows that District Attorney Jose Garza manipulated the criminal justice system by repeatedly trying cases against Detective Taylor, until the jury pool was so tainted that an impartial decision could not be made.”

TEXAS MAN ACCUSED OF CHILD SEX CRIMES AVOIDS JAIL IN PLEA DEAL WITH SOROS-BACKED PROSECUTOR: REPORT

“Thankfully, the 7th Court of Appeals saw through this and did their part by reversing and acquitting Detective Taylor,” the union leader said. “They showed that Travis County and District Attorney Garza cannot create their own version of justice deviating from and manipulating state law, while also ignoring police practices.”

The union leader called on Garza “to immediately drop all remaining charges against Austin Police Officers related to his political attacks.”

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“The men and woman of the Austin Police Department must be allowed to do the job they signed up for, protecting the citizens of Austin and the State of Texas, without fear of these countless political prosecutions,” Bullock said, adding, “With this ruling, the madness must end, and common sense must prevail.”

Taylor’s trial attorney, Doug O’Connell, hailed the decision to overturn the conviction.

Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website.  (Travis County DA Website)

“We are deeply grateful for the 7th Court of Appeals’ decision to overturn the conviction of Detective Chris Taylor and enter a judgment of acquittal in his case. Detective Taylor should never have faced prosecution for defending himself and his fellow officers against a man who threatened them with a knife. The use of force in this incident was both legal and authorized under the circumstances,” he said in part of the lengthy statement.

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Garza has long faced criticism from law enforcement for an alleged “war on cops” after the Soros-backed district attorney campaigned on indicting police officers and “reimagining” policing in Austin. Soros contributed $652,000 to the Texas Justice & Public Safety PAC in the months leading up to the 2020 Travis County DA election, according to campaign finance records. That same PAC spent almost $1 million on digital and mail advertisements to help Garza’s campaign.

Fox News Digital reached out to the Travis County District Attorney’s Office for comment on Taylor’s conviction being overturned but did not immediately hear back. 

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Texas sheriff ‘strongly’ believes remains found belong to missing teen Camila Mendoza Olmos

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Texas sheriff ‘strongly’ believes remains found belong to missing teen Camila Mendoza Olmos

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This story discusses suicide. If you or someone you know is having thoughts of suicide, please contact the Suicide & Crisis Lifeline at 988 or 1-800-273-TALK (8255).

The Texas sheriff spearheading the search for a missing San Antonio teen said Wednesday that he “strongly” believes remains found in a field next to a gun Tuesday afternoon belong to Camila Mendoza Olmos, who vanished on Christmas Eve.

The 19-year-old was last seen at 7 a.m. that day, walking about two blocks away from her home.

“Although it is still too early to definitively say it is her, the body that we found, or what happened to that body that caused the death, I feel personally, feel strongly, that it is her,” Bexar County Sheriff Javier Salazar said in a Facebook Live video Wednesday. “Certainly a heartbreaking case.”

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MISSING CAMILA MENDOZA OLMOS: DASHCAM CAPTURES LAST SIGHTING OF TEXAS TEEN WHO VANISHED CHRISTMAS EVE

Camila Mendoza Olmos, 19, was last seen outside her home in San Antonio, Texas, on Christmas Eve, authorities said. (Bexar County Sheriff’s Office)

He previously told reporters there were no signs of foul play and that the body appeared to have been there for several days. In his video Wednesday, he urged residents to check on their loved ones.

“Especially those that have been going through tough times,” he said.

Olmos had a history of suicidal ideation and depression, he said.

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Camila Olmos was reported missing on Christmas Eve. (Bexar County Sheriff)

BODY FOUND DURING SEARCH FOR MISSING TEXAS TEEN CAMILA MENDOZA OLMOS AS ANOTHER TEEN DISAPPEARS

“It’s been a heartbreaking week,” Salazar added.

Olmos was one of three teens in the county reported missing in under a week.

Another, 14-year-old Sofia Peters-Cobos, was recovered safely. The third, 17-year-old Angelique Johnson, has been missing since Christmas Day.

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This combination image shows missing Bexar County residents James Nunnery, 55, and Angelique Johnson, 17. They were reported missing in unrelated cases on Christmas. (Bexar County Sheriff’s Office)

A fourth missing person, a 55-year-old man named James Nunnery, also vanished on Christmas, according to the sheriff’s office. He was partway through a road trip to Mississippi and last spoke with a relative around 10 a.m., telling his mother he was 180 miles outside Dallas.

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Anyone with info is asked to call the Bexar County Sheriff’s Office at (210) 335-6000 or email the BCSO Missing Persons Unit at missingpersons@bexar.org.

Fox News’ Jasmine Baehr contributed to this report.

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