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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

WATCH: Officers crack down on drivers running red lights in Arizona

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WATCH: Officers crack down on drivers running red lights in Arizona


GLENDALE, AZ — A Glendale Police Department traffic enforcement operation is targeting red-light runners, putting a spotlight on the split-second decisions that can lead to life-altering crashes.

Arizona continues to be one of the worst states in the country for red-light running.

According to the Arizona Department of Transportation, nearly 6,000 drivers were involved in red light crashes at intersections, resulting in more than 60 deaths.

Officer Schlingman from the Glendale Police Department said the two most common excuses he hears from drivers cited for the violation are that they thought the light was still yellow, or that they were running late.

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Watch in the player above as ABC15 gets a front-row seat inside the traffic enforcement operation as part of Operation Safe Roads.

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AM Roundup: Murder victim’s mother speaks, deadly Scottsdale crash, AZ CD 1 race

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AM Roundup: Murder victim’s mother speaks, deadly Scottsdale crash, AZ CD 1 race


PHOENIX — Happy Wednesday!

We’re staying on top of the latest happenings from across the Valley, state, and our nation for Wednesday, July 15; here’s what you need to know as you start your day:


The monsoon is not done with us yet. A few scattered storms could pop up in the Valley later today. Until then, partly cloudy, hot, and humid with a high of 108º. Better storm chances arrive tomorrow.


The mother of a 21-year-old woman who was found dead near Lake Pleasant over the weekend is speaking about her daughter’s death to ABC15.

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Arianna Jones, 21, was last known to be at her apartment near 59th and Northern avenues. When her family went to check on her, they said they found damage to her front door, and she was not there. Her family has had no contact with her since July 5.

A friend told police that she had planned to meet “an acquaintance” for a movie. Evidence shows the man, identified by police as Domonic Rodolico, had picked Jones up from her apartment and never returned.

On Saturday, July 11, officials located “decomposing human remains in this area along with additional evidence,” including movie theater cups and clothes.

Glendale police confirmed Monday that Rodolico was taken into custody on charges including first-degree murder. Police say he is being held on a $2 million cash bond.

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Mother of Glendale woman found dead near Lake Pleasant speaks to ABC15


One person is dead, and four others are hurt after a multi-vehicle crash in Scottsdale.

Police say they were called to the crash at Scottsdale Road and Shea Boulevard around 4:45 p.m.

When officers arrived, they found six vehicles involved in the crash.

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All told, Scottsdale police say five people were taken to the hospital for their injuries.

One person later died of their injuries. That person has not yet been identified.

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Arizona’s 1st Congressional District has become one of the most watched races in the country, with political experts calling it a toss-up ahead of the primary election.

CD1 is among a small number of truly competitive House races, said Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia’s Center for Politics.

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“We only have 16 tossups in the House in our Crystal Ball House ratings. Two of them are Arizona One and Arizona Six, so they’re really, really important,” Kondik said.

CD1 is home to about 820,000 people. The district includes northeast Phoenix, Scottsdale, Fountain Hills, and Cave Creek. Because the race is so competitive, campaigns are spending heavily to reach voters.

“There are a lot of people who live in the Phoenix area who don’t live in Arizona One. But they’re going to be seeing those ads for Arizona One anyway,” Kondik said.

Arizona’s 1st Congressional District race is one of the most competitive in the country

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In a world where headlines often focus on what teenagers are doing wrong, one Valley band is giving people a reason to turn up the volume.

Anthem-based rock band The Deadline, made up of local teenagers, recently returned from a remarkable trip to Poland, where they performed for U.S. and NATO troops stationed near the Ukraine border.

The opportunity came after the young musicians caught the attention of Polish officials and continued building a reputation through Alice Cooper’s Proof Is in the Pudding competition.

What followed was a once-in-a-lifetime invitation to use their music to boost morale for troops serving far from home.

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Arizona teens bring musical talent to audience of troops near Ukraine


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AMC Theater’s Valuation Was Excessive, Says Arizona Tax Court

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AMC Theater’s Valuation Was Excessive, Says Arizona Tax Court


An AMC theater location convinced the Arizona Tax Court that it qualified for lower property tax valuation as a single-use movie theater even though it uses over a third of its auditoriums for storage.

Maricopa County, Ariz., asked the court to affirm its determination that the location was a 30-auditorium mixed used movie theater worth nearly $29 million in full cash value and $12.5 million in limited value.

However, AMC’s expert appraiser didn’t err when he limited the property’s valuation to the 17 auditoriums the theater currently uses to show films, the court determined in an unsigned opinion posted Tuesday. …



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