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Arizona rancher's defense expert rips $1M 'political prosecution' by 'ethically bankrupt' officials

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Arizona rancher's defense expert rips M '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.” 

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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)

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“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. 

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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. 

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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)

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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. 

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“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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Ted Cruz endorses Texas state Rep Steve Toth in GOP primary challenge to Dan Crenshaw

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Ted Cruz endorses Texas state Rep Steve Toth in GOP primary challenge to Dan Crenshaw

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U.S. Sen. Ted Cruz, R-Texas, has endorsed Texas state Rep. Steve Toth, who is challenging incumbent U.S. Rep. Dan Crenshaw in the Lone Star State’s 2nd Congressional District Republican primary.

“I am proud to endorse @SteveTothTX for Congress in Texas’s 2nd Congressional District. Steve faithfully served the people of Texas in the Texas House of Representatives, championing our Texas values of liberty, limited government, and constitutional governance,” Cruz said in a post on X.

“Steve is an unwavering fighter for school choice, fiscal responsibility, and the next generation of Americans. Washington needs bold leadership and representatives who will stand up for Texans at every turn,” Cruz continued.

Republican U.S. Rep. Dan Crenshaw speaks during a showcase hosted by TerraFlow in Houston Thursday, Aug. 14, 2025. (Melissa Phillip/Houston Chronicle via Getty Images)

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“Steve has the experience, the courage, and the conviction to do just that. I’m honored to support his campaign and urge voters in Texas’s 2nd Congressional District to join me in electing Steve Toth to Congress,” he added.

While President Donald Trump has not made an endorsement in the race, he previously backed Toth for Texas state House in 2022 and 2024.

EXCLUSIVE: DAN CRENSHAW’S GOP CHALLENGER SAYS ‘DAYS IN CONGRESS ARE NUMBERED’ AS RACE HEATS UP

Texas House incumbent Rep. Steve Toth gives a brief statement before the start of a gubernatorial debate held at Grace Woodlands Church and put on by the True Texas Project on Monday, Jan. 10, 2022 in Spring, Texas. (Michael Wyke/Houston Chronicle via Getty Images)

“State Representative Steve Toth is doing a fantastic job representing Texas State House District 15. A Small Business Owner and an Ordained Minister, Steve is fighting tirelessly to Secure our Elections, Grow the Economy, Eliminate Needless Regulations, Strengthen the Border, Support our Great Military/Veterans, and Protect and Defend our under siege Second Amendment. Steve Toth has my Complete and Total Endorsement!” Trump wrote in a 2024 Truth Social post.

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The last day of early voting for Texas’ March 3 primary contests is Friday, according to the Texas Secretary of State website.

CRUZ WARNED MEXICO OFFICIALS ‘PRESIDENT TRUMP WAS GOING TO’ ACT IF THEY DIDN’T FIGHT CARTELS

Sen. Ted Cruz, R-Texas, arrives for the cloture vote on the government funding bill in the U.S. Capitol on Thursday, Jan. 29, 2026. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Crenshaw has served in Congress since early 2019.

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Nancy Guthrie neighbors’ Ring camera captures vehicles on possible route from crime scene

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Nancy Guthrie neighbors’ Ring camera captures vehicles on possible route from crime scene

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EXCLUSIVE: TUCSON, Ariz. — A resident in the Catalina Foothills neighborhood has a street-facing Ring camera that caught 12 cars passing by on the morning of Nancy Guthrie’s suspected abduction.

The recordings took place between midnight and 6 a.m. on Feb. 1, and some of the activity occurred near the 2:30 a.m. mark, which is around the time authorities said the 84-year-old Guthrie’s pacemaker device last synced with her iPhone.

The homeowners, Elias and Danielle Stratigouleas, told Fox News Digital that police had not canvassed their neighborhood in the 25 days since Guthrie is believed to have been taken from her bed in a home invasion kidnapping. The FBI and Pima County Sheriff’s Department have been alerted to the video. It was not immediately clear whether the video is of any use to the investigation or whether the vehicle had ever been on Guthrie’s street.

Guthrie is the mother of “Today” co-host Savannah Guthrie, a Tucson native.

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Left: A still image from Ring camera video shows a vehicle passing a home near Nancy Guthrie’s on Feb. 1, the morning she is believed to have been abducted. Right: Nancy in an undated family photo. (Courtesy of Elias and Danielle Stratigouleas, Courtesy of NBC)

The Stratigouleas house is on a back road that leads out of Guthrie’s neighborhood, avoiding major intersections. And they live about 2.5 miles away from the crime scene, which is outside the 2-mile radius of neighbors who received a Ring alert asking for video taken from Jan. 1 to Feb. 2.

Their house is roughly a seven-minute drive from Guthrie’s address, according to Google Maps. One of their videos was recorded at around 2:36 a.m. on Feb. 1, which is roughly eight minutes after Guthrie’s pacemaker last synced with her iPhone, according to the sheriff’s timeline.

WATCH: Ring video shows vehicles on outskirts of Nancy Guthrie’s neighborhood morning of abduction

Danielle Stratigouleas said the number of cars passing that night was not unusual, but she and a friend found it “odd” that no one from law enforcement had visited her neighborhood.

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NANCY GUTHRIE SUSPECT’S DIGITAL ‘BLACKOUT’ MAY BE KEY TO CASE, SAYS EXPERT WHO PROBED KOHBERGER PHONE

A map details the neighborhood surrounding Nancy Guthrie’s home on Camino Escalante in Tucson, Arizona, and a secondary route through the Catalina Foothills down Camino Real leading to East River Road. (Fox News)

A Ring camera image taken from video shows a vehicle driving south on Camino Real at 2:36 a.m. on Feb. 1, the morning Nancy Guthrie is believed to have been abducted from a home nearby in the Catalina Foothills of Tucson, Arizona. (Courtesy of Elias and Danielle Stratigouleas)

The FBI and Pima County Sheriff’s Department have been alerted to the video. It was not immediately clear whether it is of any use to the investigation. 

Retired NYPD detective and national security expert Pat Brosnan reviewed the video with his team. He tells Fox News Digital they believe the vehicle seen at 2:36 a.m. is a Kia Soul, based on its slanted roof, window design and rear-quarter glass. He also noted the vertical brake lights.

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The rewards are still outstanding, and anyone with information they think may be relevant is asked to contact the FBI at 1-800-CALL-FBI.

The route itself had been flagged to Fox News Digital by another neighbor — who said she also saw a suspicious man walking in the area on Feb. 2, around the corner from what appeared to be an abandoned car. The young mother asked not to be named due to concerns for her children’s safety amid the unsolved kidnapping investigation.

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WATCH: Path out of Nancy Guthrie’s neighborhood avoids major intersections

She described him as about 5 feet, 9 inches tall, Hispanic, with a close-trimmed beard and wearing a silver bracelet. He was smoking a cigarette near the intersection of Camino Juan Paisano and Piedra Seca, which is between Camino Real and Guthrie’s home.

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The Pima County Sheriff’s Department did not return multiple phone calls and emails about the man or the vehicle, a dark red Honda SUV that the neighbor said was moved after three days.

A neighbor of Nancy Guthrie’s spotted this dark red Honda near Camino Real on Feb. 2, the day after Nancy Guthrie’s suspected abduction nearby. She told Fox News Digital that it remained in place for a couple of days after deputies examined it. (Obtained by Fox News Digital)

A neighbor of Nancy Guthrie’s spotted this dark red Honda near Camino Real on Feb. 2, the day after Nancy Guthrie’s suspected abduction nearby. She told Fox News Digital it remained in place for about three days before it was moved. (Obtained by Fox News Digital)

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Another unidentified man was spotted in mid-January, according to neighbor Aldine Meister.

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“He didn’t have your typical walking gear on, and he had his hat pulled really far over his eyes,” she told Fox News Digital.

She said she saw the man walking in the neighborhood, near an intersection leading to Guthrie’s home — and hadn’t encountered him before or after. 

Deputies examine a flyer taped to Nancy Guthrie’s mailbox on Sunday, Feb. 22, 2026.  (Michael Ruiz/Fox News Digital)

“He was kind of younger, and he just didn’t look like he was going out for a walk,” she added. 

She mentioned it to her husband but did not report it to investigators until after Guthrie’s disappearance.

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FBI agents canvass homes near Nancy Guthrie’s home in Tucson, Friday, Feb. 6, 2026.  (Kat Ramirez for Fox News Digital)

Danielle Stratigouleas told Fox News Digital that she did see deputies searching what locals call a wash, a common terrain feature in the region, near her office, which is on Skyline Drive, another main road that borders Guthrie’s development. 

North Campbell, which was extensively searched by authorities and volunteers, connects to both main arteries. Camino Real connects only to East River Road.

“I think it sounds smart, and if they even sort of knew the area or actually cased the area beforehand, that road behind Camino Real called Camino Escuela would be an even better idea,” she told Fox News Digital. “There’s never anybody on it, and never a police car to be seen.”

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Fox News Digital approached five other homes with street-facing cameras on Camino Real. Three of the homeowners said they had not been visited by law enforcement, either. No one answered the door at the other two.

None said they had any notable video from Feb. 1.

Campbell also runs past the University of Arizona and is a much busier road, she said.

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An undated photo of Nancy Guthrie and Savannah Guthrie was provided by NBC in response to the disappearance of the 84-year-old. (Courtesy of NBC)

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“It’s always buzzing even on a Saturday night,” she added. “Camino La Brinca and Camino Piedra Seca also lead to Camino Real, and they’re a good way to get from Camino Zorella.”

The residents said they’re hoping more people outside the radius will check their cameras and submit anything that could help the FBI.

Guthrie is believed to have been forcibly abducted from her home on North Camino Escalante, according to the Pima County Sheriff’s Department.

In more than three weeks, police have not publicly identified any suspects, persons of interest or vehicles connected to the case. They briefly detained but later released several people and have towed multiple vehicles, including those belonging to family members and the detainees.

No one has been charged with a crime as of Thursday morning, however.

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Exterior view of the front entrance of Nancy Guthrie’s home in Tucson, Arizona, Tuesday, February 3, 2026. (Derek Shook for Fox News Digital)

The FBI and Google teamed up to recover doorbell camera footage even though her Nest device is physically unaccounted for, and she did not have a cloud subscription. 

FBI Director Kash Patel released still images and video on Feb. 10.

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The video shows a masked individual with gloves on, prowling on her front porch. 

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These two images were released by the FBI, recovered from Nancy Guthrie’s Nest doorbell camera. It’s unclear whether they show the same person. (FBI)

According to two sources with knowledge of the investigation, one of the doorbell images was taken on a different date than the others. It shows an individual who may be the same masked intruder at Guthrie’s doorstep, without an Ozark Trail backpack or holstered pistol.

Pima County Sheriff Chris Nanos has called the timeline surrounding the images speculation. 

Savannah Guthrie is asking anyone with information in the case to dial 1-800-CALL-FBI or contact her directly.

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Travis County DA faces renewed ‘soft on crime’ criticism after career criminal charged with murder

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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,

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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.

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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.

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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.” 

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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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