Arizona
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.
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.
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.
“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.
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
Arizona
ICE detainee in Arizona dies after not receiving ‘timely medical attention’
A man being held at a US immigration detention facility in Arizona died this week after reporting severe tooth pain and not receiving “timely medical attention”, according to a local official.
Emmanuel Damas, a Haitian asylum seeker, was being held at the Florence correctional center in Arizona when he began to feel a toothache in mid-February, a pain that weeks later led him to the hospital before he died on Monday.
“His reported struggle to receive timely medical attention before being transferred to a hospital raises serious and painful concerns about the quality of care provided to individuals in custody,” Christine Ellis, a Chandler city council member, said in an Instagram post.
According to Ellis, Damas was taken into custody by Immigration and Customs Enforcement (ICE) agents in Boston in September 2025 and was later transferred to the facility in Florence, Arizona.
The Arizona Daily Star reported that Ellis had called for an investigation into Damas’s death.
“He was complaining for almost two weeks straight, until he collapsed and got septic from the infection,” Ellis told the local news outlet. Ellis said Damas was transferred to a Scottsdale hospital sometime last week.
Ellis’s office, ICE and the Department of Homeland Security (DHS) did not immediately respond to a request for comment from the Guardian.
Damas’s death has not yet been reported by ICE, according to the agency’s notifications of detainee deaths. At least nine people have died under custody in 2026, according to ICE: Luis Gustavo Nunez Caceres, 42; Geraldo Lunas Campos, 55; Luis Beltrán Yáñez–Cruz, 68; Parady La, 46; Heber Sanchaz Domínguez, 34; Víctor Manuel Díaz, 36; Lorth Sim, 59; Jairo Garcia-Hernandez, 27; and Alberto Gutiérrez-Reyes, 48.
At least 32 people died in ICE custody last year, marking the deadliest year for detainees of the federal immigration agency in more than two decades.
The stark number of deaths has been just one component of a tumultuous tenure for Kristi Noem as homeland security secretary. On Thursday, Donald Trump announced he would be ousting Noem and replacing her with Markwayne Mullin, a Republican Oklahoma senator, starting on 31 March.
Under her helm, the DHS has faced bipartisan backlash after the shooting deaths of Renee Good and Alex Pretti in Minneapolis at the hands of federal immigration agents earlier this year. Noem accused both US citizens of being involved in “domestic terrorism”.
Arizona
Haitian man detained at Arizona ICE facility dies in US custody, brother says
FLORENCE, AZ (AP) — A Haitian man confined at an Arizona immigration detention center for months died at a hospital Monday after a tooth infection was left untreated, the man’s brother said Wednesday.
Emmanuel Damas, 56, told medical personnel at the Florence Correctional Center that he had a toothache in mid-February, but he was not sent to a dentist, said Damas’ brother, Presly Nelson.
Nelson believes the staff at the facility did not take his brother’s complaints seriously, even though it was a treatable condition. Nelson said he would expect such a death in countries with less access to health care, but not in the United States.
“As a country — I’m an American now — I think we can do better than that,” Nelson said.
Damas is among at least nine people who have died in Immigration and Customs Enforcement custody this year.
The Department of Homeland Security did not immediately respond to emails seeking comment. ICE had said it hoped to issue a news release Wednesday.
Earlier Wednesday, ICE officials announced the death of Mexican national Alberto Gutierrez-Reyes, who had been in a California ICE detention center and died in the hospital Feb. 27 after reporting chest pain and shortness of breath.
Chandler City Council member Christine Ellis, a Haitian American who is a registered nurse, said she was contacted by Damas’ family after his death.
“As a medical person, I am absolutely appalled that there were medical-licensed people that were working there and allowed those things to happen,” Ellis said. “It does not make sense to me.”
A report from the Maricopa County Medical Examiner’s Office listed Damas’ cause of death as “pending” as of Wednesday.
Damas was taken into ICE custody in September and was soon transferred to the medium-security Florence Correctional Center, where he was held for several months, including after his asylum application was denied, Ellis said.
CoreCivic, a for-profit corrections company that runs the Florence facility, did not respond to emails seeking comment.
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Copyright 2026 The Associated Press. All rights reserved.
Arizona
3 men sentenced in Arizona for multi-million dollar scam against Amazon
PHOENIX (AZFamily) — Three Valley men have been sentenced for their roles in what prosecutors described as a “sophisticated fraud scheme” against an online shopping giant.
In a news release, the U.S. Attorney’s Office said Mughith Faisal, 29, of Glendale, was sentenced on Feb. 5 to 18 months in prison. His brother, Basheer Faisal, 28, of Glendale, was also recently ordered to spend 18 months in prison.
The feds said a third defendant in the case, Abdullah Alwan, 28, of Surprise, was sentenced to six months in prison after the trio pleaded guilty to wire fraud.
Prosecutors said the three were also each ordered to pay $1.5 million in restitution to Amazon.
According to federal officials, Alwan worked in Amazon’s logistics division and left the company in 2021 when he reportedly used his knowledge to manipulate rates for transportation deliveries assigned to Amazon’s third-party carriers.
The feds said Basheer and Mughith Faisal used “Blue Line Transport” to knowingly get to increased transport rates that Alwan would then input into Amazon’s system, ripping them off out of $4.5 million.
The FBI’s Phoenix Division helped in the investigation, which was then prosecuted by the U.S. Attorney’s Office for the District of Arizona.
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Copyright 2026 KTVK/KPHO. All rights reserved.
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