This is an important update for those following the border crisis and the Second Amendment.
George Alan Kelly, 75, was arrested over a year ago and held on a million-dollar bond after he was accused of shooting a 48-year-old illegal alien trespassing on his property. At that time, the judge wouldn't lower the bail and worked his hardest to keep the elderly man in jail, as if he were a danger to the public.
Now we've got a mistrial.
A mistrial has been declared in the trial of George Alan Kelly, an Arizona rancher charged with fatally shooting an unarmed migrant on his property near the U.S.-Mexico border.
This latest development came after Judge Thomas Fink sent jurors home for the weekend on April 19: jurors failed to reach a verdict on that day. Deliberations resumed on April 22.
"Based upon the jury's inability to reach a verdict on any count," Judge Thomas Fink said, "This case is in mistrial."
The prosecution alleged that Kelly shot his AK-style rifle at Gabriel Cuen-Buitimea, a resident of Nogales, Mexico, who was crossing his land illegally some 115 yards away.
Cuen-Buitimea had several deportations for illegally entering the United States, most recently in 2016.
Kelly and his lawyers claimed that Kelly shot warning shots into the air, but didn't aim at Cuen-Buitimea. No bullet was recovered at the site.
Kelly's lawyers tried to poke holes in the prosecutor's account of the incident and accused law enforcement officials of failing to follow other leads that would have cleared their client of any wrongdoing. They also accused law enforcement of falsely claiming that Kelly admitted to shooting at multiple people.
"That was not true, Alan never said that. Law enforcement wasn't listening and they didn't care, they already decided that he was guilty," said defense attorney Brenna Larkin...
Authorities were not able to find the bullet that struck Cuen-Buitimea. The defense claimed he was shot by another person in the group.
The defense maintained that the illegal immigrants were smugglers and that Cuen-Buitimea was likely shot by one of his fellow travelers. But the police, allegedly, wouldn't look into that possibility and only focused on pinning the crime on Kelly.
Since no bullets were found and key evidence was missing, the jury was 7-to-1 in Kelly's favor.
So we've got ourselves a mistrial, which means he could still be tried again if the state decides it wants to pursue the case.
Here's what Kelly said after the mistrial was declared:
"Let me go home ... I will keep fighting forever."
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