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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

Governor Hobbs directs Arizona to be ready for flying cars

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Governor Hobbs directs Arizona to be ready for flying cars


PHOENIX, AZ — Arizona Governor Katie Hobbs wants the state to be an early adopter of commuter-friendly flying cars and air taxis, further positioning Arizona as a hub for advanced transportation technologies.

“In Arizona, we have been pioneers in innovation, aerospace, and advanced manufacturing, from the first integrated circuits to cutting-edge computing chips to autonomous cars,” said Hobbs in a statement released Wednesday. “Today, we take bold steps to explore opportunities for artificial intelligence and advanced air mobility and further solidify Arizona’s leadership in technology.”

Hobbs has tasked the Arizona Commerce Authority with taking the initial steps to make this science-fiction future a reality.

“When NASA and FAA kicked off their grand challenge around this topic, Phoenix-Mesa was one of the top 10 cities that they initiated their exploration around,” said Marisa Walker with the Arizona Commerce Authority’s Institute for Advanced Mobility. “There’s long been an understanding that probably is part of that first wave of communities that had the highest probability of moving this emerging technology forward.”

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Walker says Arizona’s climate, experience with using new, transportation technologies and the state’s aeronautic and defense roots make it an ideal place for companies to manufacture and test flying cars.

She says since federal agencies are discussing how they will regulate these vehicles, it’s a great time for Arizona to establish itself as a hub for flying cars.

“We’re really at the brink. We’re poised really to take advantage of this, and so it’s in Arizona’s character to get in there,” Walker said.

The Arizona Commerce Authority estimates that while flying cars may not be fully operational for another decade, testing and manufacturing could begin sooner.

According to the Governor’s office, nationally, the market for advanced air mobility could reach $115 billion by 2035.

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While flying cars may feel like a far-off fantasy, there are some already available for pre-order like Alef Aeronautics.

“It is a point-to-point vehicle,” Alef Co-Founder Constantine Kisly said. “You drive from your home, maybe like couple, couple 100 feet, 200 feet to the designated parking lot. You take off, you fly to your point of interest, your activities in the city, then you land, then you drive and park your car on the regular parking lot. So it’s almost no change to infrastructure.”

Kisly said his hope is one day this whole process will be automated, which is similar to Walker’s vision for people hauling flying cars the same way they request ride-shares now.





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Fact or Fiction: Can Cardinals Make the Playoffs?

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Fact or Fiction: Can Cardinals Make the Playoffs?


ARIZONA–The Arizona Cardinals are exceeding expectations through 10 games. At 6-4, coming off four straight convincing wins, they hold a lead in the NFC West.

The offense is clicking, quarterback Kyler Murray is playing exceptional football, the defense looks like a different unit to the first six weeks, and plenty of young players are coming into their own. But anything can happen in football.

The Cardinals still have plenty of work to do, but they’re sitting in a position almost no one expected. New ceilings must be installed. For now, let’s take a look at some of the potential outcomes, and whether those narratives are fact or fiction:

The Cardinals have seven very winnable games ahead of them. 7-0 is likely not on the table, but it’s quite realistic to see them go anywhere around 4-3 or 5-2. Finishing with 10 or 11 wins should be enough to make the playoffs, as long as they continue to take care of their divisional opponents.

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The Seahawks and Rams are both weak, and the 49ers, while always a threat, aren’t as dominant as they have been. Going 3-1 or better in their divisional matchups would nearly guarantee a playoff spot, if not the division title.

Still, I think it’s more likely the Cardinals sneak into a Wild Card spot, especially with the unpredictable nature of divisional matchups. Most of the NFC teams outside the playoff bubble are quite weak, however three of the four teams closest to a playoff spot currently are the very same divisional opponents the Cardinals will face in LA, Seattle and San Francisco.

Therefore, those divisional games will be critical to their ultimate appearance in the postseason, but it’s a very reasonable expectation to see a 10-7 Cardinals team play in January. It’s hard to truly predict this, especially with Arizona’s history of struggling down the stretch, but this is a much different team than the Kliff Kingsbury years.

Tentatively, it’s realistic that the Cardinals can take care of business under the new regime, with some padding in their schedule in the form of the Panthers and Patriots.

Kyler Murray has been playing some of the best football we’ve seen from him in Arizona. Coming off an ACL tear and a rusty 2023 season, there were certainly some days where the Cardinals could have wanted more from their franchise quarterback in 2024.

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But as has the rest of the squad, Murray has gotten hot over the past four games, playing well even when not called upon to deliver volume production. He’s been efficient, calm in the pocket, a leader, and both decisive and accurate for the most part.

Coupled with his top tier elusiveness and speed, and he’s produced 2,429 total yards and 16 total touchdowns with only three interceptions and four fumbles (two of which were charged to him on poor exchanges by his running back).

He’s completing nearly 70% of his passes coming off a 22-for-24 day, is averaging his most yards per attempt (7.5) since his excellent 2021 season, and remains among the NFL’s best in limiting turnover-worthy plays.

Projected out, Murray is on pace for 4,179 total yards, 27 total touchdowns and only five interceptions, and could realistically surpass those numbers by a large margin, considering how many low-volume days Murray put forward in the first half.

Despite the low raw production, Murray is second in QBR (75.7), and sixth in EPA (48.7). He’s coming off his sixth NFC Offensive Player of the Week Award for his efforts against New York, the most ever by a Cardinals quarterback.

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The truth is, Murray will be a long shot to actually take home the award. Lamar Jackson and his 3,207 total yards and staggering 26 total touchdowns is the frontrunner and likely recipient. Barring some kind of injury or severe regression, it’s Jackson’s to lose, and Murray’s numbers probably won’t come close.

But the fact of the matter is that in intangible terms, Murray has been exceptionally valuable to the Cardinals, and is making both highlight-reel plays and the calm, mundane plays that keep Arizona’s engine running.

While he’s not a serious threat to win MVP as of now, he absolutely deserves to be in the conversation, and if he keeps up this pace, with Arizona continuing to win games, the 27-year-old signal-caller should receive votes.

Many, especially opposing fans or those in the national media, might be shocked at what the Cardinals are doing. Certainly, it’s been impressive, perhaps surprising to some degree.

But when examined, the Cardinals aren’t truly defying all odds, or playing too far beyond what their potential was ahead of the year. When the 2023 season ended, it felt like the most positive 4-13 season fans could have hoped for.

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There was always hope that Arizona, in the second year of their rebuild, could put together plenty of competitive games, hang with some of the contenders, and finish somewhere around eight or nine wins.

But now, at 6-4 and in control of the division, many are claiming overperformance by this team. Yes, the defense has looked excellent, maybe it’s surprising just how dominant they’ve been in their four straight wins.

But the Cardinals are right where they should be in a weak NFC. Their division rivals are struggling, and they survived their schedule gauntlet with a .500 record. That might be a little better than expected, but not to the point of disbelief.

The defense has played beyond their projections, yes, but the offense has been inconsistent up until the past two games. To pull ahead against teams the caliber of the Bears and Jets should be the expectation, not a bonus.

With a very thin team, and the two blowouts at the hands of the Commanders and Packers, expectations might have been skewed by recency bias, but a team that hovers around or just above .500 was always the goal, and failure to reach that threshold would have been a disappointment, rather than the expectation.

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The Cardinals have plenty of holes still to fill, especially on defense, and they’re not out of the woods. Winning the West or making a deep playoff run would certainly warrant “ahead of schedule” talks, but for now, the Cardinals are simply playing as well as was reasonable to expect, despite some of the uneducated 4-13 (or worse) predictions from the national media.

I’ve wrongly predicted plenty of losses through this team’s season thus far, but for now, I’m buying in that this is who this team is, and who they are built to be, rather than a flash of greatness in a fleeting patchwork project.



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Republican Rep. Juan Ciscomani wins reelection to Arizona U.S. House seat

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Republican Rep. Juan Ciscomani wins reelection to Arizona U.S. House seat


Republican Rep. Juan Ciscomani won reelection to a U.S. House seat in southeastern Arizona in a rematch that pitted him against the Democrat he narrowly beat two years ago.

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Ciscomani defeated Democrat Kirsten Engel in the race for Arizona’s 6th Congressional District, which runs from Tucson east to the New Mexico state line and includes a stretch of the Arizona-Mexico border. 

With Ciscomani’s win, Republicans have enough seats to control the U.S. House, completing the party’s sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump.

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“Now, it is time to get to work,” Ciscomani said in a statement Wednesday after Engel called him to concede, but before The Associated Press declared a winner.

“Our country is facing big challenges and I am ready to continue tackling these issues head-on,” he said. “Our top priorities — securing our border, lowering costs, and ensuring that our veterans and seniors are protected and valued – are essential to the strength and stability of our district and country.”

Engel wrote on the social platform X, “The voters have made their decision and we must respect it – I will not be the next Representative for Arizona’s 6th Congressional District. While we came up short, I couldn’t be prouder of the work we’ve put in.”

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Ciscomani was an aide to former Republican Gov. Doug Ducey. He immigrated from Mexico as a child and calls border enforcement his top priority, but has distanced himself from Trump’s anti-immigrant rhetoric.

Engel, a law professor at the University of Arizona and a former state legislator, has pointed out Ciscomani rejected a major bipartisan border bill in February that would have overhauled the asylum system and given the president new powers to expel migrants when asylum claims become overwhelming.

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Voter registration in the district is closely divided among Democrats, Republicans and independents, although the GOP has a slight advantage.

Ciscomani won his first term in 2022 when he beat Engel by over 5,200 votes.

With Ciscomani’s win this election, the state’s House delegation is unchanged with six Republicans and three Democrats.

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