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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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Jenae Berry’s strongest outing as a Wildcat secures Arizona softball’s series win over Baylor

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Jenae Berry’s strongest outing as a Wildcat secures Arizona softball’s series win over Baylor


Arizona softball pitcher Jenae Berry (11) at Hillenbrand Stadium in Feb. 2026
Photo by Ryan Kelapire

It was another adventure for the No. 14 Arizona Wildcats, but sophomore pitcher Jenae Berry turned in her best outing as a Wildcat to secure the series win against Baylor. After taking Friday’s game in run-rule fashion, UA won Saturday’s game 11-7. The Wildcats go for the series sweep on Sunday.

“I’m so proud of her,” Arizona head coach Caitlin Lowe said of Berry. “I think she was perfectly herself today. Didn’t try to do too much. She hit really great spots, mixed speeds, and it was exactly what we needed. You know, she came in and the game settled down once she did come in, and she really just controlled it throughout.”

Berry entered the game in relief and went 5.1 innings with five strikeouts. Both the innings and the Ks were season highs for the righty, who transferred in from Indiana during the offseason.

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“Regan [Shockey] was messing around with me after because I don’t normally strike many people out, but definitely fun,” Berry said.

Berry lowered her ERA from 7.58 to 6.68 after giving up two earned runs on three hits and no walks. She earned her second win of the season to improve her record to 2-0.

While the outing may have given Berry a boost, her teammates were grateful for the confidence she instilled in them.

“She gave some confidence to the team, for sure, that we really needed, and she allowed us to go offensively,” Shockey said. “And that’s the biggest thing I would say she contributed today. The energy.”

Shockey may not be someone who seems like she needs confidence. She rarely seems to struggle. However, she had a tough go of things for the first two games last week. She struck out three times in the first two games against ASU. Those three strikeouts gave her 12 for the season.

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She has bounced back in the over the last four games, stretching back to the final game of the series against the Sun Devils. Against the Bears, she is 7 for 8 with an RBI, a stolen base, and three runs scored. She looks more like the Regan Shockey everyone knows.

“I think that’s softball,” Shockey said. “You know, people are gonna know you. It’s my third year here, and third year playing against ASU…Can’t be scared to fail, and this weekend, I’m not scared to fail at all. Not scared to strike out, because at the end of the day, no one really remembers the strikeouts more than they remember the hits and our team scoring all those runs.”

Arizona scored most of their runs during the first inning in this one. After starter Rylie Holder wiggled out of a bases-loaded situation in the top of the first, the Wildcats’ offense got to work.

The team sent 11 to the plate in the inning. It only ended because Sereniti Trice was called for leaving base early in her second time getting on base in the frame.

The Wildcats opened with three straight singles to load the bases and bring Sydney Stewart to the plate. There was nowhere to put Arizona’s biggest bat. Baylor starter Peyton Tanner walked her to force in the first run.

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A sacrifice fly by Grace Jenkins put the Wildcats up 2-0, then another walk loaded the bases again. A third walk forced in the third run.

That brought up Tele Jennings, who was making her second straight start at designated player. Jennings transferred to Arizona from San Diego in the offseason. In her two seasons with the Toreros, she hit just .239 and had 24 extra-base hits.

She had struggled in her first couple of months as a Wildcat, too. She didn’t get her first hit until her sixth appearance in cardinal and navy. She came into the series hitting .231.

Lowe has been confident that Jennings would find her way, though. She has put her in as the starting DP three times in the past two weeks. This week, the junior broke through. She went 1 for 4 and reached on an error on Friday. Even the at-bats that didn’t result in hits were solid.

On Saturday, Jennings was 1 for 3. The one hit was a double that drove in three to put Arizona up 6-0 in the first. That chased Tanner.

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Shockey’s groundout drove in the seventh run, then Trice scored Addison Duke with a single up the middle. If Arizona could keep Baylor under control, it might be on the way to another run rule. It was already 8-0 after the first inning.

Holder continued to have problems in the second inning, though. Her body language indicated she was a bit frustrated with borderline pitches not going her way.

Baylor’s Leah Cran led off the second with a solo shot to put the Bears on the board. A walk and an error by Trice put two on with no outs, then a double made it 8-2. Holder had runners on the corners and still no outs. Another homer and a double made it 8-5, which ended Holder’s day.

Berry entered the game with the bases clear after the 2-run homer. Her first strikeout of the night brought the inning to a close. She continued her run by sitting the side down in order in the third, and her offense responded.

Duke continued to show her power. She had two doubles on Friday. On Saturday, she added a 3-run home run to extend Arizona’s lead to 11-5.

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Arizona didn’t score again, but Berry made the runs stand up. She gave up two singles and a groundout that got a runner on, over, and in during the fourth. In the fifth, she struck out the side but a solo home run was sandwiched in between.

“We can handle the ones thrown up there,” Lowe said. “Offensively, we’re gonna punch back. So I think that’s the biggest thing. Is she was able to keep it within reach?”

Lowe was also pleased that the Wildcats didn’t have to use Jalen Adams. Having another arm or two to use is something Arizona needs.

”It also provides us a different look,” Lowe said. “And she’s such a different look than both Rylie and Jalen are. So it’s just really great to have her as a bridge. It’s great to have her as an open, as a close. I didn’t think she was going to get extended that long, but she absolutely just dominated the end portion of that game.”

While the players are too young to remember the last time Arizona couldn’t close out a series against Baylor, they were happy to get the series win for those who were there nine years ago.

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“When you wear this uniform, everything means everything to everyone,” Shockey said. “So we carry this A with pride, and we did it for those people in 2017. So I hope they felt this win just as much as we did.”

There’s still a goal left to attain this weekend.

“We need the sweep,” Shockey said. “There’s no other expectation…Our coaches have a very high standard for us, and that is the standard.”



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Former Arizona State OL Max Iheanachor Talks transition to NFL

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Former Arizona State OL Max Iheanachor Talks transition to NFL


TEMPE — Former Arizona State OT Max Iheanachor took part in the school’s Pro Day on Friday in anticipation for the NFL Draft – which is being held from April 23-25.

The three-year Sun Devil spoke with media after the day concluded – discussing what the next month will entail for him, his journey into becoming a standout NFL prospect, and much more.

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Nov 28, 2025; Tempe, Arizona, USA; Arizona State Sun Devils offensive lineman Max Iheanachor (58) against the Arizona Wildcats during the 99th Territorial Cup at Mountain America Stadium. Mandatory Credit: Mark J. Rebilas-Imagn Images | Mark J. Rebilas-Imagn Images

To watch the full media availability, view below.

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Iheanachor Reveals Upcoming NFL Visits

The general consensus over the last week or two has been that Iheanachor would be more of a second round pick compared to the previous first-round notion, although revelations on Friday may refute that belief.

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The talented right tackle revealed that he is set to have top-30 visits with the Arizona Cardinals, Chicago Bears, Philadelphia Eagles, and Baltimore Ravens – among other franchises – in the month leading into the draft.

Dec 7, 2024; Arlington, TX, USA; Arizona State Sun Devils quarterback Sam Leavitt (10) and offensive lineman Max Iheanachor (58) in action during the game between the Iowa State Cyclones and the Arizona State Sun Devils at AT&T Stadium. Mandatory Credit: Jerome Miron-Imagn Images | Jerome Miron-Imagn Images
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Those aren’t the only potential destinations for the rapidly rising prospect, as Iheanachor has previously been linked with the San Fransisco 49ers and Detroit Lions as well. There appears to be a common theme amongst interested parties – as all of the franchises either have an aging tackle that carries an uncertain future, or has an open vacancy at right tackle at this moment.

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The New England Patriots have an interest in Iheanachor that is a poorly kept secret in their own right – this was on full display when head coach Mike Vrabel worked extensively with the former JUCO player, even after group drills were finished. The Patriots own the number 31 pick in the first round.

Iheanachor’s Journey Nothing Short of Incredible

Iheanachor didn’t begin playing football until 2021, when he began his career playing at the junior college level. He eventually committed to play for Arizona State ahead of Kenny Dillingham’s first season in 2023. There were certainly questions surrounding his viability in making a transition from a lower level into the power four, but that was short-lived.

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The raw prospect grew considerably as the season went on, eventually seeing real playing time later in the season. He returned in 2024 as a definitive starter and was obviously one of the most improved players on the entire roster on a year-to-year basis. He then returned in 2025 and was the best player/prospect on the entire offensive line, with figures such as taking part in 484 pass protection snaps without ceding a sack confirming the elite nature of his season.

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Sep 20, 2025; Waco, Texas, USA; Arizona State Sun Devils offensive lineman Max Iheanachor (58) in action against the Baylor Bears during the first half at McLane Stadium. Mandatory Credit: Chris Jones-Imagn Images | Chris Jones-Imagn Images



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Diamondbacks vs. Dodgers live updates. Arizona DH back in the lineup

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Diamondbacks vs. Dodgers live updates. Arizona DH back in the lineup


LOS ANGELES — After tests on his sore elbow revealed no structural damage, Pavin Smith took batting practice and was declared ready to return to the Diamondbacks’ lineup.

Smith, who was a late scratch on Opening Day, was a late addition on Day 2. He will bat fifth and serve as the designated hitter, sending Tim Tawa to the bench.

Smith is a relatively important member of the Diamondbacks lineup as a potential impact hitter against right-handed pitching. Last year, he hit .265/.361/.456 with eight homers against righties in 226 at-bats.

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Diamondbacks at Dodgers, 7:10 p.m., Cox, Ch. 34

Diamondbacks RHP Ryne Nelson (7-3, 3.39)* vs. Dodgers RHP Emmet Sheehan (6-3, 2.82)*.

At Dodger Stadium: Nelson opened last season in the bullpen but moved into the rotation full time after RHP Corbin Burnes went down with elbow surgery. He was impressive from that point on, putting up a 3.38 ERA across 20 starts from June 1 onward. … Nelson faced the Dodgers three times (two starts) last season, giving up four runs in 13 innings with one walk and 12 strikeouts. … Nelson has solid career numbers against most Dodgers hitters, including 3B Max Muncy, who is 0 for 8 with three walks and five strikeouts. … Sheehan, 26, a sixth-round pick out of Boston College in 2021, returned from Tommy John surgery last year and performed well, logging a 2.82 ERA in 73 1/3 innings. He also logged important innings for the Dodgers out of the bullpen in the postseason. … Sheehan has never faced the Diamondbacks. … Last season, he averaged 95.6 mph with his four-seam fastball. He also threw a slider and change-up with the occasional curveball.

Coming up

Saturday, March 28: At Los Angeles, 6:10 p.m., Diamondbacks LHP Eduardo Rodriguez (9-9, 5.02)* vs. Dodgers RHP Tyler Glasnow (4-3, 3.19)*.

Sunday, March 29: Off.

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Monday, March 30: At Chase Field, 7:10 p.m., Diamondbacks RHP Michael Soroka (3-8, 4.52)* vs. Tigers RHP Justin Verlander (4-11, 3.85)*.

Tuesday, March 31: At Chase Field, 6:40 p.m., Diamondbacks RHP Brandon Pfaadt (13-9, 5.25)* vs. Tigers RHP Casey Mize (14-6, 3.87)*.

* — stats from 2025.

(This story will be updated. Check back soon.)

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