Southwest
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
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.
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.
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)
“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.
“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.
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.”
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
Travis County DA faces renewed ‘soft on crime’ criticism after career criminal charged with murder
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A Texas-based career criminal with a lengthy rap sheet is behind bars in Travis County after he was charged with murdering a father of five outside a 7-Eleven in Austin, reviving scrutiny of Travis County District Attorney José Garza and what critics call his controversial prosecutorial record and “soft on crime” approach.
Caleb Anthony Jenkins, described by police as a career criminal, was charged with murder in connection with a shooting last year that left a 25-year-old father dead outside a 7-Eleven. According to Austin police, Jenkins allegedly shot the victim and drove off.
But critics argue the killing may have been preventable. Garza’s office previously dismissed or declined to prosecute three separate gun charges against Jenkins in incidents dating back to 2022. He was also arrested in 2023 on a domestic violence charge and failed to appear in court, as Fox News reported. Most recently, he was re-arrested and released after his bond was raised.
Taken together, the developments have intensified public criticism of Garza, the Democratic district attorney backed by liberal mega-donor George Soros,
District Attorney Jose Garza in Austin, Texas. (Spencer Selvidge for The Washington Post via Getty Images)
Garza, who was elected Travis County DA without prior experience as a prosecutor, has faced criticism from police advocacy groups and victims’ families since taking office. They have accused him of deliberately slow-walking certain cases and embracing lenient sentencing policies.
The criticism has sparked national attention in years past. In 2023, the family of 25-year-old Doug Cantor, who was shot and killed in the 2021 Sixth Street mass shooting in downtown Austin, criticized Garza for slow-walking the trial of the gunman.
Family members told Fox News Digital in an interview at the time that they believed Garza had put the case on the “back burner.”
“It’s very clear that his focus and attention is not on this case,” Nick Kantor told Fox News Digital in an interview reflecting on the two-year anniversary of his brother’s death — and the way Garza, who has been widely criticized for soft-on-crime policies, has handled the case.
AUSTIN DA GARZA CREATES CONFUSION WITH ANNOUNCEMENT OF IMPENDING INDICTMENTS AGAINST MULTIPLE POLICE OFFICERS
Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website. Garza has faced criticism for accusations that he aggressively prosecutes police officers accused of wrongdoing while going easy on career criminals. (Travis County DA Website)
“He’s doing things that are clearly causing distress on the trial and on the overall outcome of the case and for getting justice for my brother,” Kantor said.
Other victims’ families cited similar behavior from Garza’s office in interviews with Fox News Digital.
While overall reported crime in Travis County has declined, opponents argue dismissal rates have been “political,” and could further endanger public safety.
It “appears that Garza has now become more of an advocate for the criminal than he has for the victim,” Dennis Farris, president of the Austin Police Retired Officer’s Association, previously told Fox News Digital.
“The prosecution is acting more like defense attorneys than they are prosecutors,” Farris said in an interview roughly one year after Garza took office. “Whatever his skewed view of what criminal justice reform is, it isn’t working. It sure isn’t working for the victims.”
CRIME EXPERTS RESPOND TO SOROS DEFENDING SUPPORT FOR PROGRESSIVE DAS AMID CRIME WAVE: ‘DISASTROUS’
George Soros delivers a speech at the 2022 World Economic Forum in Davos. (Fabrice Coffrini/AFP via Getty Images)
“It used to be that they got the victims’ buy-in before offering plea bargains. Now it doesn’t appear he’s even doing that, because they’re not even communicating with them, and that’s what’s leading to the revictimization of these families.”
Current and former local law enforcement officers have criticized Garza’s actions and his 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, as Fox News reported.
The Travis County District Attorney’s Office did not respond to Fox News Digital’s request for comment.
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Southwest
Jasmine Crockett campaign reportedly kicked Atlantic writer out of rally for being a ‘top-notch hater’
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Atlantic staff writer Elaine Godfrey reported that she was “thrown out” of a rally for Rep. Jasmine Crockett, D-Texas, for being a “top-notch hater” according to Crockett’s team.
“Right before armed guards escorted me from the rally and left me on the edge of a Texas-county road, I was informed that I was no longer welcome at an event that I had already attended,” Godfrey wrote on Thursday.
She described having spent an hour at the Lubbock rally for Crockett’s Senate campaign before being approached by a woman with a badge as soon as she joined other reporters.
Elaine Godfrey claimed Rep. Jasmine Crockett’s team removed her from a rally in Texas earlier this week. (Dustin Franz/Bloomberg via Getty Images)
“‘Are you Elaine?’ she asked. I recognized her from the entrance of the event, where I had identified myself as she’d waved me into the building’s press area. Yes, I answered. ‘Her team has asked you to leave,’ she said. When I asked why, the staffer looked at her phone and read dutifully: ‘They just said, “Elaine from Atlantic, White girl with a hat and notepad. She’s interviewing people in the crowd. She’s a top-notch hater and will spin. She needs to leave,”’” Godfrey wrote.
Godfrey was the staff writer behind a profile piece for Crockett in July that reportedly received backlash from the Texas representative after including comments from fellow House Democrats “without telling her first.”
“She was, she told me, ‘shutting down the profile and revoking all permissions,’” Godfrey wrote at the time.
BOEBERT JOKES ABOUT ENDORSING CROCKETT IN TEXAS’ SENATE RACE TO GIVE HER DEMOCRATIC RIVAL A BOOST
Rep. Jasmine Crockett, D-Texas, is running in the Democratic primary for U.S. Senate. (LM Otero/AP Photo)
The piece was still published and included comments from other Democratic figures.
According to Godfrey, Crockett said that there was “no evidence” that a reporter was removed from her rally but claimed that there was a “specific journalist” who has a “history of being less than truthful” and had previously lost a lawsuit against Crockett.
“Perhaps she was thinking of someone else, because that’s not something that has ever happened to me,” Godfrey wrote.
CROCKETT DISPUTES OPPONENT’S DENIAL OF ‘MEDIOCRE BLACK MAN’ COMMENT, CALLS OUT ‘WELL-INTENTIONED WHITE FOLK’
Godfrey added that her removal from the rally wasn’t a surprise considering Crockett’s firebrand-style of politics, though she expressed concern over how she was handled.
Rep. Jasmine Crockett allegedly tried to shut down an article from Elaine Godfrey after she spoke to other House Democrats. (Bob Daemmrich/The Texas Tribune/Bloomberg via Getty Images)
“As security guards began to materialize around me, I wondered to myself what distinguished a top-notch hater from a middling one. I agreed to leave, and four guards, including at least one who was armed, escorted me out of the building, through the parking lot, and right to the edge of the nearby highway, where they waited as I ordered a car,” Godfrey wrote.
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Fox News Digital reached out to Crockett’s office and campaign for comment.
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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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