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Judge declares mistrial in case of Arizona rancher charged with murder of Mexican national on border property

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Judge declares mistrial in case of Arizona rancher charged with murder of Mexican national on border property

A jury was unable to reach a verdict in the case of Arizona rancher George Alan Kelly, who was accused of second-degree murder in connection to the death of a Mexican national found fatally shot on his borderland ranch in January 2023.

The jury began deliberating April 18. After days of being unable to reach a verdict, the judge overseeing the trial declared a mistrial on Monday.

The case centered around the death of Mexican national Gabriel Cuen-Buitimea, who was found shot to death on Kelly’s 170-acre cattle ranch near Keno Springs outside Nogales, Arizona, on Jan. 30, 2023. 

Kelly’s defense has countered the prosecution’s argument that Cuen-Buitimea was an unarmed migrant and has suggested cartel influence mired the death investigation. 

ARIZONA RANCHER DEFENSE CONSULTANT CLAIMS ‘CARTEL INFLUENCE’ IN MURDER PROBE, RIPS SHERIFF’S PAST COMMENTS

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George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Arizona.

“Long story short, this is simply not somebody who’s looking for the American dream. There’s no evidence that this person is here for those kinds of benign purposes,” Kelly’s defense attorney, Brenna Larkin, said during her closing argument on Thursday. “And we bring that up, not, you know, to be judgmental about Gabriel or to not have compassion for him. But when people are involved in a criminal lifestyle, it’s dangerous. It’s more inherently dangerous than simply being a migrant who’s coming here. So it’s relevant for that reason.” 

Cuen-Buitimea had illegally entered the country multiple times previously and had been deported as recently as 2016.

Over the course of weeks, jurors heard testimony regarding where and at what distance Kelly was standing when prosecutors argued he fatally shot Cuen-Buitimea, as well as the motivation for the gunshots.

The defense maintained Kelly only fired warning shots into the air from his patio earlier in the day, and his 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.

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The fatal bullet was never recovered from the scene. A criminologist working pro bono as a consultant for Kelly’s defense, Dr. Ron Martinelli, previously told Fox News Digital that none of the state’s witnesses in the trial had provided any rebuttal testimony against the defense theory that a rip crew — a gang of bandits, sometimes cartel-affiliated — could have fatally shot Cuen-Buitimea and robbed him.

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

Santa Cruz County Sheriff David Hathaway was pressed by the defense about an online video showing him speculating that Kelly wanted to “go hunt me some Mexicans.”

“You told Big Super, ‘We caught this rancher shooting at migrants’ and then you said that ‘there are people who want to come hunt some Mexicans’ — you made that statement?” a defense attorney asked Hathaway on Wednesday. Big Super is the name of the real estate YouTube personality whose video Hathaway was featured in touring his borderlands neighborhood.

Santa Cruz County Superior Court Judge Thomas Fink listens to opening arguments in the trial of George Alan Kelly. (Angela Gervasi/Nogales International via AP)

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“Yeah I did,’ Hathway replied. “I just did a colloquial, ‘There are some people that want to go hunt them some Mexicans.’ Yeah I did make that statement.”

Martinelli also alleged to Fox News Digital that Hathaway broke U.S. State Department protocol and Mexican law by arranging an unauthorized meeting to interview Daniel Ramirez in Nogales, Mexico, weeks after the shooting. The prosecution argued that Ramirez was the sole witness to Cuen-Buitimea’s shooting death and fled across the border afterward. 

Ramirez testified that he previously carried drugs across the border, though not on the day of the January 2023 shooting. 

The defense argued that based on Ramirez’s own testimony, it did not seem he was even present that day. The jury was able to make a field trip to Kelly’s ranch to get a lay of the land. 

“The only conclusion that can be reached based on Daniel’s description of this property is that he wasn’t there,” Larkin said. “You cannot find Mr. Kelly guilty of aggravated assault against Daniel because Daniel was not there. And you cannot find him guilty of any of the offenses, second degree murder or lesser included, because they did not prove that Alan shot this person, and they have to prove it.” 

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Larkin told jurors that Kelly was confronted with “a threat to his life” and “had a rifle pointed at him,” meaning that he would have been justified in using deadly physical force. 

But even so, the rancher “didn’t use deadly physical force,” Larkin said in her closing argument. “He fired shots up into the air, over the tree, over where these people were to get the threat to stop.” 

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

“The law does not say that you cannot use lesser force to defend yourself. The law does not say that when you’re out in the middle of nowhere and you folks were out there. This is not downtown Nogales. This is not a populated area. This is isolated. It is empty,” Larkin told the jury. “He can fire warning shots to protect himself and to protect his wife. And that’s exactly what he did. That’s exactly what any man who cares about his wife and his home should do in this situation when faced with the threat that he was faced with.” 

In the state’s closing argument, prosecutor Mike Jette maintained to the jury that there’s “no justification” for Kelly having seen “two unarmed men walking two fences away” and “pulling out your AK-47, stepping on the patio, no verbal warning and shooting nine times.” 

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“He escalates the situation. His wife is fine,” Jette said Thursday. “You do not have the right to use deadly physical force to protect a person who didn’t need protecting. You don’t have the right to use deadly force when there is no threat to home or yard, and you don’t have the right to initiate, instigate or escalate with deadly force. No right whatsoever.” 

“Gabriel and Daniel were shot at. Gabriel is dead, killed by a high-powered weapon, an AK-47. Entry wound, exit wound lined up with the defendant’s property,” the prosecutor said. “Steps out, no verbal warning. Defendant shot his AK nine times. Shell casings prove it. Ejection pattern proves where he was standing. Position and orientation of Gabriel’s body proves where the shot comes from.” 

Jette closed by telling the jury if they’re not convinced on the second-degree murder charge, they can still convict Kelly on the lesser charges of manslaughter, negligent homicide or aggravated assault. 

Kelly made national headlines last year when he was held on a $1 million bond on a first-degree murder charge for several weeks. The highest charge was later downgraded to second-degree murder. 

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The rancher rejected a deal from prosecutors earlier this year that would have reduced the charge to one count of negligent homicide if he would agree to plead guilty.

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Austin bar shooting bodycam released as DA makes major call about cops who shot suspected terrorist

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Austin bar shooting bodycam released as DA makes major call about cops who shot suspected terrorist

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Bodycam video from the Austin mass shooting, which is being investigated as a terrorist attack, was released on Thursday as the county’s liberal district attorney announced he would take no action against the three officers who killed the suspect.

In 911 audio released by the Austin Police Department along with the bodycam video, one individual told the operator that he “heard like six gunshots.”

“We’re hiding between cars,” the caller said. “There has been a shooting at Buford’s on 6th St. There are people dead over here. There have been multiple people shot. We need help right now.”

In one surveillance video released by police, the shooter, identified as 53-year-old Ndiaga Diagne, can be seen walking around a parking lot with an AR-15 before opening fire on someone nearby.

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53-year-old Ndiaga Diagne killed three people and injured over a dozen more people, Austin police said. (Austin Police Department)

Officers can be seen in bodycam video directing bystanders to get down before opening fire on Diagne, who was killed.

Travis County District Attorney José Garza announced Wednesday that no action would be taken against the three police officers who killed Diagne. Diagne shot and killed three people and left more than a dozen other people injured on Sunday outside a bar in Austin, Texas.

“Today, the Travis County District Attorney’s Office notified the Austin Police Department that it has formally concluded its review of the mass shooting on 6th Street and will take no action against the three officers who stopped the shooting,” the news release stated.

Under a 2021 policy by Garza’s office, all officer-involved shooting cases were to be presented to a grand jury.

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Bodaycam footage shows the night of a shooting in Austin, Texas. (KTBC)

District Attorney Jose Garza speaks at a news conference on Feb. 19, 2026. (Jay Janner/The Austin American-Statesman via Getty Images)

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Austin Police Association President Michael Bullock told Fox News Digital he wishes Garza would have made the decision to not convene a grand jury much earlier, and said police officers are under constant fear of being targeted by the liberal district attorney.

“The reality is APD officers are more afraid of the DA targeting them than a gunman shooting at them,” Bullock told Fox News Digital.

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Shooter approaches a bar with a rifle in Austin, Texas. (KTBC)

Police officers guard the scene after a shooting on March 1, 2026, in Austin, Texas. (Ricardo B. Brazziell/Austin American-Statesman via AP)

Bullock said it’s the first time Garza hasn’t presented an officer-involved shooting to a grand jury since implementing the policy.

Doug O’Connell, a criminal defense attorney representing the Austin police officers, told Fox News the 2021 policy was instituted at the direction of the Wren Collective, which is a criminal-justice reform group providing financial support to progressive prosecutors.

“When our current district attorney came into office about six years ago, he instituted this policy at the direction of the Wren Collective, and it’s been in place since that time. Every officer-involved shooting has been presented to the grand jury,” O’Connell said. “It’s not required by law. It is simply a policy decision that he’s instituted at the direction of Wren Collective.”

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Bullock said the Wren Collective has recently pushed “to increase the number of indictments against officers which can only be done through grand jury.”

TEXAS DA SAYS NO CHARGES FOR POLICE IN TERROR ATTACK RESPONSE, AMID CRITICISM OF MANDATORY GRAND JURY REVIEW

The Austin Police Department released a photo of Ndiaga Diagne as the suspect tied to Sunday’s mass shooting. (Austin Police Department)

National Police Association spokesperson Sgt. Betsy Brantner Smith told Fox News Digital that investigations into officer-involved shootings should be internal. 

“A grand jury is basically a secret process and is controlled by the prosecutor. These officers cannot have a defense attorney or a union representative in the grand jury,” Smith said. “He is well known as one of the most anti-police district attorneys in the nation.”

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Garza previously called the officers that killed Diagne “heroes.” The shooting happened at Austin’s Buford’s Backyard Beer garden shortly before 2 a.m. on Sunday.

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Federal agents comb the scene of a potential terrorist attack in Austin, Texas. (Aaron E. Martinez/Getty Images)

FBI Acting Special Agent in Charge Alex Doran said during a press conference on Sunday that while investigators are still looking for a possible motive, there were “indicators that on the subject and in his vehicle that indicate potential nexus to terrorism.”

Law enforcement sources told Fox News that the shooter was wearing a sweatshirt that read “Property of Allah as well as an undershirt with an Iranian flag. The sources said a Quran was also found in Diagne’s car. According to CBS News, Diagne had pictures of Iranian leaders at his home as well as an Iranian flag.

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Savitha Shan, 21, Ryder Harrington, 19 and Jorge Pederson, 30, were killed in the shooting, authorities said during a Monday press conference.

Diagne initially entered the United States in 2000 on a B-2 tourist visa, according to the Department of Homeland Security, becoming a lawful permanent resident in 2006 after marrying a U.S. citizen.

On April 5, 2013, Diagne became a naturalized U.S. citizen.

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The Austin Police Department and the FBI investigate a shooting at Buford’s on West 6th Street in Austin on March 1, 2026. (Stephanie Tacy/NurPhoto via Getty Images)

Austin Police Chief Lisa Davis said Diagne “put his flashers on, rolled down his window and began using a pistol shooting out of his car windows, striking patrons of the bar that were on the patio and that were in front of the bar.”

Davis said the suspect exited his vehicle and shot at individuals, but didn’t enter the bar.

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GOP Rep Tony Gonzales admits to affair with former aide for first time

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GOP Rep Tony Gonzales admits to affair with former aide for first time

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

Rep. Tony Gonzales, R-Texas, admitted to having an affair with a former staffer for the first time on Wednesday.

Gonzales made the confession during an appearance on a conservative talk radio show, just one day after he advanced to a runoff election in his congressional district’s GOP primary. The House Ethics Committee also launched an investigation into Gonzales on Wednesday.

“I made a mistake, and I had a lapse in judgment, and there was a lack of faith, and I take full responsibility for those actions,” he said on “The Joe Pags Show” Wednesday night. “Since then, I’ve reconciled with my wife, Angel. I’ve asked God to forgive me, which he has, and my faith is as strong as ever.”

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“When you make mistakes like this, it’s never easy. It humbles you,” he added.

Regina Santos-Aviles, a staffer for Republican Rep. Tony Gonzales of Texas, died Saturday, Sept. 13, 2025, in Uvalde, Texas. (Ricky Carioti/The Washington Post via Getty Images | Regina Santos-Aviles Facebook)

The Ethics Committee is investigating whether Gonzales, a married father of six, engaged in sexual misconduct with a female member of his staff and whether he doled out special favors or privileges as a result.

Gonzales has said he has no plan to step down in the face of the accusations, saying last month that there are more details to be released regarding the situation.

“What you’ve seen is not all the facts,” Gonzales told reporters in late February.

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REP TONY GONZALES HIT WITH HOUSE ETHICS PROBE OVER SEXUAL MISCONDUCT ALLEGATIONS

Rep. Tony Gonzales, R-Texas, has denied having anything to do with his former staffer’s death. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

The three-term congressman argued at the time that he was being “blackmailed” in connection with the case. Controversy first arose after the San Antonio Express-News reported they obtained text messages in which the former staffer, Regina Ann Santos-Aviles, wrote to a colleague that she had an affair with the lawmaker.

Santos-Aviles later died after setting herself on fire.

Gonzales denied having anything to do with her death during his radio appearance.

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NANCY MACE TO FORCE VOTE TARGETING FELLOW GOP LAWMAKER ACCUSED OF AFFAIR WITH STAFFER

Rep. Tony Gonzales, R-Texas, is interviewed by CQ-Roll Call. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

“I hadn’t spoken with Miss Santos since June of 2024. She passed September of 2025… I had absolutely nothing to do with her tragic passing. And in fact, I was shocked just as much as everyone else,” Gonzales said. 

Gonzales took to social media last month and accused Santos-Aviles’ husband of “blackmail,” sharing a partial screenshot of an email from the widower and claiming he was seeking money.

“I WILL NOT BE BLACKMAILED,” Gonzales wrote in a Feb. 19 post on X. “Disgusting to see people profit politically and financially off a tragic death.”

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In the email posted by Gonzales, attorney Robert Barrera discussed a possible lawsuit against the lawmaker and a potential settlement with a nondisclosure agreement. The email says that the maximum recoverable amount is $300,000.

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Barrera denied he was trying to blackmail Gonzales.

“It is a desperate attempt to make him look again like a political victim,” Barrera told The Associated Press last month. “There’s no blackmail here. I mean, it’s just ridiculous allegations.”

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Nancy Guthrie’s abductor may have returned to the crime scene, left critical clues at tribute: expert

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Nancy Guthrie’s abductor may have returned to the crime scene, left critical clues at tribute: expert

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TUCSON, Ariz. — As a growing memorial outside Nancy Guthrie’s Tucson-area home continues to draw visitors, new questions are emerging about whether investigators are monitoring the site. 

Guthrie, the 84-year-old mother of “Today” co-host Savannah Guthrie, is believed to have been abducted from her home in the early hours of Feb. 1.

“They could [have eyes on the memorial], we’re just not seeing it,” Betsy Brantner Smith, spokesperson for the National Police Association and a retired police sergeant, tells Fox News Digital. “They could be keeping track of it, but we’re not seeing the cameras.”

Nancy Guthrie was abducted from her Tucson home on Feb. 1. (Getty Images)

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Yellow flowers, handwritten notes, artwork and even an open letter addressed to the “kidnapper” have been left at the makeshift tribute in front of her home.

While the memorial grows, however, visible law enforcement presence has significantly dropped.

“Detectives are reviewing all viable leads in this case,” a spokesperson for the Pima County Sheriff’s Department told Fox News Digital. “We do not speak to specifics, as this is still an ongoing investigation.”

Authorities have not publicly identified a suspect, vehicle or any persons of interest.

MULTIPLE SUSPECTS ARE POSSIBLE IN NANCY GUTHRIE’S ABDUCTION

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Haunting Nest doorbell camera video shows a masked man on Nancy Guthrie’s front steps around the time of her abduction. He is described as being of average height and build and was wearing a black Ozark Trail backpack.

“In this type of situation where you have the potential for a suspect having done this because he or she is somehow obsessed with Savannah Guthrie or seeing Nancy featured on the ‘Today’ show multiple times… someone who is obsessed with notoriety, celebrity — there’s a lot of pathology involved in that,” Brantner Smith said.

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A member of the Pima County Sheriff’s office was seen outside of Nancy Guthrie’s home, Monday, Feb. 9, 2026 in Tucson, Ariz. (Ty O’Neil/AP Photo; Nathan Congleton/NBC via Getty Images)

“Potentially, that is the type of person that could come back to the memorial, look at the memorial, even take photos of the memorial and add to the memorial themselves.”

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As to why there’s been an alleged lack of law enforcement presence monitoring the site, Brantner Smith pointed to one likely scenario.

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“It may be because they have solid suspects, and they just haven’t released that information to the public,” she said. 

It’s not uncommon for an offender to return to the crime scene, she added.

A growing vigil in the morning light under cloudy skies is seen at Nancy Guthrie’s home on February 13, 2026, in Tucson, Arizona. (Ty O’Neil/AP Photo)

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“Sometimes the offender will come back to the scene of the crime. So, in that vein, they would come to the memorial, and they may have left their own note, their own flowers,” she said.

Often, it’s a mark of their arrogance, she told Fox News Digital.

“I am guessing that the suspect or suspects who did this are frankly taking great pride in the fact that so far they’ve got away with it,” she added. “Coming back can also be a way to bring back that rush that they had when they originally committed the crime.”

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Such behavior happens frequently in arson cases, she said. 

Deputies examine a flyer taped to Nancy Guthrie’s mailbox on Sunday, Feb. 22, 2026. They were called to the scene after volunteer searchers and several streamers walked onto Guthrie’s property with a shovel. (Michael Ruiz/Fox News Digital)

“But it’s also not untypical in a homicide case or, in this case, a missing person,” she continued. “We’ve got to look at the psychology of people who do this kind of stuff. They also may want to come back to see what kind of people are leaving notes and leaving flowers.”

For that reason, she said, investigators should be reading the notes to develop potential leads.

“They’re coming back to see the impact that they had on this neighborhood and on this family,” she said. “And the rest of us would view that as very sick, but law enforcement has to view that as a way to collect clues.”

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Savannah, her sister Annie, and brother-in-law, Tommaso Cioni, placed flowers at the growing tribute near the foot of Nancy’s driveway on Monday in a somber visit to the crime scene.

Annie Guthrie, her husband Tommaso Cioni, and Savannah Guthrie at their missing mother Nancy Guthrie’s home on Monday, March 2, in Tucson, Arizona. (Fox News)

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A combined reward for information that leads to Nancy’s recovery from the FBI, local authorities and the Guthrie family stands at over $1 million. It has not yet been claimed.

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Savannah is asking anyone with information to dial 1-800-CALL-FBI.

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