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Prosecutors won’t retry Arizona rancher, 75, charged with murder of Mexican national on property after hung jury

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Prosecutors won’t retry Arizona rancher, 75, charged with murder of Mexican national on property after hung jury


Prosecutors have decided against retrying an Arizona rancher accused of fatally shooting a Mexican national who crossed onto his property near the southern border after his murder trial ended with a hung jury last week.

The Santa Cruz County Attorney’s Office decided to drop the highly politicized case against 75-year-old George Alan Kelly after jurors were unable to come to a consensus on a verdict following more than 48 hours of deliberation.

Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial last Monday, which left the decision of whether to retry Kelly for the death of Gabriel Cuen-Buitimea, 48, up to the prosecutors.

“Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,” Deputy County Attorney Kimberly Hunley told Fink Monday.

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Arizona rancher George Alan Kelly who was accused of fatally shooting a Mexican migrant on his property won’t have his case retried. AP

The judge agreed to dismiss the case and will set a hearing date to see if the dismissal will be without prejudice — which would make it so that the charges wouldn’t be able to be brought back to court.

Kelly’s lawyer Brenna Larkin plans to file a request for the case to be dismissed without prejudice.

In the meantime, the rancher said he felt “relief” when interviewed by a local reporter from KGUN as he left the courthouse.

“The nightmare’s over,” Kelly said.

Satan Cruz County Superior Judge Thomas Fink listens to arguments during Kelly’s trial on Mach 22, 2024. AP
The rancher said he felt “relief” when interviewed by a local reporter from KGUN as he left the courthouse on Monday. AP

He offered his “sincere sympathy” to Cuen-Buitimea’s family outside the courthouse where protesters had gathered to demand a retrial so that the victim could get justice.

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“Gabriel was a human being,” one of the protesters had written across a sign.

Kelly, whose trial lasted nearly a month, had been charged with second-degree murder for the Jan. 30, 2023 shooting outside Nogales, Arizona.

His victim, Cuen-Buitimea, lived just south of the US-Mexican border in Nogales, Mexico. He was crossing Kelly’s Arizona cattle ranch with a group of other men when the elderly rancher fired nine shots from an AK-47 rifle toward them from about 100 yards away, according to prosecutors.

Kelly claimed the shots were only meant to be a warning and that he didn’t aim directly at anyone, but one of the bullets struck Cuen-Buitimea, killing him.

The case ignited debate across the country with the influx of migrants from the south coming into the US as Republicans have slammed President Biden for his handling of the border crisis as he is up for reelection.

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A sign referring to the Mexican national Gabriel Cuen-Buitimea is displayed outside the Santa Cruz County Courthouse on April 29, 2024. AP
Kelly claimed the shots were only meant to be a warning and that he didn’t aim directly at anyone, but one of the bullets struck Cuen-Buitimea, killing him. AP

GoFundMe campaigns created to support Kelly — who was initially held on $1 million bond — were forcibly shut down for violating the site’s policies on raising funds to benefit people accused of violent crimes. 

With Post wires



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Arizona

Cardinals’ Budda Baker Reacts to Massive Contract Extension

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Cardinals’ Budda Baker Reacts to Massive Contract Extension


ARIZONA — When Arizona Cardinals safety Budda Baker got news that his three-year, $54 million extension with the organization was finalized – he didn’t run around the house. He didn’t pop champagne bottles immediately.

It was spaghetti time.

“I was holding my baby at the time. She’s six months [old], so I was just holding her and having my daughter eating spaghetti for dinner. So it’s kind of just – you’re excited, they don’t of course know what you’re excited about,” Baker told reporters when asked what his initial reaction to getting a deal done was.

“Right after that, it’s like, ‘Daddy, I’m done eating!’ so it’s like, alright, clean the spaghetti off her face, get ready for bath, and then I would say putting the kids down for bed. Just had a special moment with my lady and my sister was home at the time. Giving them high fives, listening to some good music and smiles – it was definitely something special that we’ll remember forever, for sure.”

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After getting paid handsomely, Baker knows it’s time to eat on the field.

Baker is sticking around the desert for at least the next three seasons after striking a deal to land with Arizona rather than testing the open market.

For months, the rumor mill has run rampant on Baker’s future with the Cardinals. Free agency was a possibility after this season, but for a player that means so much to the fan base for the last eight seasons, remaining home to potentially spend his entire career in the same uniform was a priority for Baker.

“That would be special. Not a lot of players can say that they’ve done that. And for me that would definitely be special. At the end of the day we’re trying to win and I want to be that building block or that factor of helping the Arizona Cardinals win. That’s what I’ve stuck my mind on to, and that’s what I’m going to continue to stick my mind into,” said Baker.

“Just having that belief factor – I know a lot of Arizonans are from other places – at the end of the day for us it’s just a matter of the respect factor of the bird gang and the Cardinal fans. It’s definitely special coming into the stadium and seeing those fans come out and cheer us on, it’s definitely something special for me.”

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Baker said he could tell things were changing for the better after his very first meeting with Jonathan Gannon after the Cardinals hired him as head coach following a disaster 2022 season.

Contract negotiations for his new deal (which also shows a reported $30 million guaranteed) were primarily handled by his agent, though Baker said the two would meet maybe once a week to discuss how things were progressing.

Baker has been adamant from the start that he didn’t want to get caught up in the noise of negotiations – mission accomplished.

Inking a deal of that magnitude is a dream for anybody.

Now, Baker has dreams of having a championship parade in Arizona – though hopefully that doesn’t stay a dream for long.

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“To be able to try and get better as a player, but get better as a group, and to win games ultimately, and hopefully go to the playoffs. My main goal is getting a Super Bowl here in Arizona, and that’s what I’ve stuck my mind to,” said Baker.

“I’m going to continue to work hard and train and try to lead the players and team to get to that point. But till then, we’re going to take it one day at a time and we’re going to grind. We’re going to live throughout the process, live in the present and let everything else take care of itself.”



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Cardinals Expect All-Pro Kicker to Return

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Cardinals Expect All-Pro Kicker to Return


ARIZONA — The Arizona Cardinals are set to see kicker Matt Prater return to the practice field on Wednesday as the team prepares for their Week 16 matchup against the Carolina Panthers.

“He’ll be out there kicking today. You’ll see him out there booting it today,” head coach Jonathan Gannon told reporters ahead of practice.

Prater played in just four games this season after suffering a knee injury which saw him land on injured reserve back on Oct. 15.

While the full injury was not disclosed, ESPN’s Josh Weinfuss reported Prater has been recovering from surgery to repair his meniscus in the left knee.

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Replacement Chad Ryland has mostly been clutch for the Cardinals in Prater’s absence, helping Arizona to a 7-7 record while going 22-26 on all field goal attempts, converting all 15 kicks under 40 yards.

With just three weeks left in the regular season, Prater could make a return at any point when the Cardinals officially open his 21 day window for return. Prater is allowed to practice with the team and can be elevated to the active roster at any point.

Arizona has matchups against the Carolina Panthers, Los Angeles Rams and San Francisco 49ers to close out the year.

It will be interesting to see how the Cardinals handle their kicking conundrum, as Ryland has mostly played well while Prater is one of the league’s best despite being at the age of 40.



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Samford Bulldogs play the Arizona Wildcats, aim for 6th straight win

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Samford Bulldogs play the Arizona Wildcats, aim for 6th straight win


Associated Press

Samford Bulldogs (9-2) at Arizona Wildcats (4-5, 0-1 Big 12)

Tucson, Arizona; Wednesday, 9 p.m. EST

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BETMGM SPORTSBOOK LINE: Wildcats -19.5; over/under is 168.5

BOTTOM LINE: Samford is looking to keep its five-game win streak intact when the Bulldogs take on Arizona.

The Wildcats are 3-1 in home games. Arizona averages 83.4 points and has outscored opponents by 12.4 points per game.

The Bulldogs are 2-2 on the road. Samford averages 19.1 assists per game to lead the SoCon, paced by Rylan Jones with 6.1.

Arizona’s average of 6.3 made 3-pointers per game is 1.2 fewer made shots on average than the 7.5 per game Samford allows. Samford averages 19.5 more points per game (90.5) than Arizona gives up to opponents (71.0).

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TOP PERFORMERS: Caleb Love is shooting 36.6% and averaging 13.3 points for the Wildcats.

Jones is averaging 10.5 points, 6.1 assists and 1.6 steals for the Bulldogs.

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

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