AZ Trespassing

ah, it’s coincident he admitted to shooting, uh, in their direction, with a rifle, at the same time the guy was killed by a rifle…and there is no reason to believe anybody else in the area had a rifle…just a coincidence and that bullet that killed him could have coem from ___

Interesting it came back as mistrial. Curious to see if it goes to trial again

Except that he and his wife both stated that shots were heard before he went outside.

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At least the agreed upon facts support one tenant of self defense here: “Warning shots” are virtually always a bad idea.

People, please stop firing warning shots

Oh, and also, don’t discharge a firearm for stuff defense…only self defense

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It seemed that the jurors were hung up on the charging options, which indicate that it wasn’t his guilt specifically that they were unable to agree on, but what he should be found guilty of?

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He never should’ve been charged in the first place, with anything. He should be given the Presidential Medal of Freedom, but there’s no Presidential person in the White House right now, is there? No.

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For what?

He shot an invader, a foreign combatant. That’s what.

I thought we just discussed that his claims/defense in court were that he didn’t shoot anybody, because, seemingly, shooting them would have been illegal?

Even if it were legal to shoot an illegal immigrant on sight (it’s not), how would he have known who the person was and what his status was?

This simply isn’t a scenario to be shooting people

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Watch the video if you can. Very revealing.

Arizona rancher says he stared down barrel of AK-47 when he fired warning shots ‘over the trees’ (msn.com)


FOX News
](MSN)

Arizona rancher says he stared down barrel of AK-47 when he fired warning shots ‘over the trees’

Story by Chris Eberhart

Arizona rancher George Alan Kelly said men came towards his home with an AK-47 aimed at him the day he was arrested for murder.

“He turned towards me … pointed the AK at me. And that’s when — everybody says was the dumbest thing I ever did — they said you should have shot him because he was getting ready to shoot you,” Kelly told NewsNation.

Instead, he told the news outlet that he “shot over the tree, over the top of his head, and thank God him and the other guys ran.”

Later that day - Jan. 30, 2023 - he found a body and called the sheriff’s department. Responding officers accused Kelly of fatally shooting the victim, an illegal immigrant, and hauled him away in cuffs.

ARIZONA RANCHER’S DEFENSE EXPERT RIPS $1M ‘POLITICAL PROSECUTION’ BY ETHICALLY BANKRUPT’ OFFICIALS

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FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. The Arizona rancher goes on trial Friday, March 22, 2024, in the fatal shooting of a migrant on his property near the boundary with Mexico. Associated Press

FILE - George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Feb. 22, 2023. The Arizona rancher goes on trial Friday, March 22, 2024, in the fatal shooting of a migrant on his property near the boundary with Mexico. Associated Press© Mark Henle/The Arizona Republic via AP, Pool, File

His murder charge became the center of an already-contentious national debate about border security raging throughout the country, especially in states bordering Mexico.

READ ON THE FOX NEWS APP

“They accused me of shooting him,” Kelley told NewsNation in his first interview since he became a free man. “I said, ‘No, I didn’t shoot him.’ And they said, ‘Well, we think you did, and we’re arresting you for first-degree murder.’”

JUDGE DECLARES MISTRIAL IN CASE OF ARIZONA RANCHER CHARGED WITH MURDER OF MEXICAN NATIONAL ON BORDER PROPERTY

The 75-year-old man spent 22 days in jail, which he said was the worst experience of his life. “If hell is anything like that, I’m gonna do everything I can not to go,” Kelly said.

Seven jurors wanted to acquit Kelly, but one “lone holdout” was unwavering in wanting to convict the elderly rancher despite the evidence and testimony, according to the rancher’s lawyer.

The judge declared the case a mistrial in April, and prosecutors said they won’t have a retrial.

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George Alan Kelly, right, exits the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp, Friday, March 22, 2024, in Nogales, Ariz. Rancher Kelly has been charged with second-degree murder in the killing of a man he encountered on his property near Mexico. Associated Press

George Alan Kelly, right, exits the Santa Cruz County Courthouse with defense attorney Kathy Lowthorp, Friday, March 22, 2024, in Nogales, Ariz. Rancher Kelly has been charged with second-degree murder in the killing of a man he encountered on his property near Mexico. Associated Press© Associated Press

The victim was identified as Gabriel Cuen-Buitimea, and prosecutors claimed he was unarmed.

But Kelly’s defense lawyers said prosecutors failed to prove Cuen-Buitimea was shot by Kelly’s gun. The forensics and the ballistics didn’t match Kelly’s gun, according to the defense.

ARIZONA RANCHER GEORGE ALAN KELLY DEFENSE SAYS ‘LONE HOLDOUT’ JUROR BLOCKED ACQUITTAL, STATE WEIGHS 2ND TRIAL

The fatal bullet was never recovered from the scene.

“I don’t feel that I was treated fairly in the investigation,” Kelly said. “I think I was arrested without cause, without probable cause.”

Kelly said he feared for his wife’s safety and his own. They were sitting on their patio when the rancher’s wife, Wanda Kelly, testified during the trial and said they saw armed men dressed in camouflage and carrying rifles and backpacks walking about 100 feet from their home.

ARIZONA RANCHER DEFENSE CONSULTANT CLAIMS ‘CARTEL INFLUENCE’ IN MURDER PROBE, RIPS SHERIFF’S PAST COMMENTS

Dr. Ron Martinelli, a criminologist working pro bono for Kelly’s defense team, accused the prosecutors of “extreme confirmation bias.”

“Just imagine being on an isolated ranch in your 70s. You and your wife. And you are frequently seeing armed incursions on your ranch,” Martinelli told Fox News Digital in a previous interview.

“It’s a war. We try to fight this war in an ethical, moral and legal way of doing it. But we can’t be obstructed by a degraded criminal justice and law enforcement system. We can’t allow that to happen in the United States of America. We want to be a free country.”

Now that the trial is over, Kelly and his wife want to “start life over again,” but it’s difficult after a costly trial.

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Santa Cruz County Superior Court Judge Thomas Fink listens to opening arguments in the trial of George Alan Kelly, Friday, March 22, 2024, in Nogales, Ariz. Rancher Kelly has gone on trial in the fatal shooting of a migrant on his property near Mexico. Associated Press

Santa Cruz County Superior Court Judge Thomas Fink listens to opening arguments in the trial of George Alan Kelly, Friday, March 22, 2024, in Nogales, Ariz. Rancher Kelly has gone on trial in the fatal shooting of a migrant on his property near Mexico. Associated Press© Associated Press

“We have no funds,” Kelly said. “Our life savings, it’s gone.”

Martinelli said Kelly used about $2 million in personal funding and funding from their legal defense fund on GiveSendGo, an online fundraiser set up by the rancher’s wife.

George said that’s enough to keep them afloat for now, but he doesn’t know for how long.

“That cloud’s still over my head,” Kelly said. “It’s a long road, and we’re not out of danger yet, but we’re not giving up. I’m not going to let them beat me down.”

Original article source: Arizona rancher says he stared down barrel of AK-47 when he fired warning shots ‘over the trees’

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Is there more detail on how they had ballistics that don’t match his gun, when the bullet was not recovered? What was the ballistic evidence?

Right. However, they tried to pin it on him anyway. They were stumbling over their tongues to make an example of him whether he did it or not. So the least they could do is give him a medal for doing it. The result is the same. Also, the fact that it’s “illegal” (officially, that is) to shoot foreign invaders, is ridiculous. By the way, it’s also illegal to remove our southern boarder and let a hoard of foreign scum into our country, but the paid off federal government traitors don’t give a tinkers dam about that.

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There was none, there was no evidence to indicate that the defendent shot the decedent, nor that he intended, nor wanted to do so. There is testimony by the defendent to the exact opposite. That he did not want to shoot anyone, but just scare them away, as it was only he and his wife there, and she was very scared after hearing the shots. Yes, we all know that “warning shots” are not wise.

The “witness” claimed the decedent fell backward, but the dedecent was found face-down, with a backpack partially open with a bottle of water, and some food in it, a cell phone, and an encrypted two-way radio. Not the types of things we have seen these “newcomers” crossing the border with. Secondly, the “witness” stated the decedent was shot within yards of the house, and the shot came from the field toward the house.

The “expert” stated the decedent, found over 100 years away, had a shot was fired at an upward angle, that entered his lower abdomen at the side, and went up through his torso. That is counter to the “witness” testimony. Further, on cross-examination, the “witness” could not remember anything of what he said earlier that day in court.

The “expert” claimed that the wound appeared to be from a high-pwered rifle, but could not state that the wound was caused by the defendent’s rifle. The sheriff was also caught on video claiming that the defendent is a vigilante and wanted to kill a Mexican - total hearsay, as he had no basis for that claim.
Though he did not state that in court, it gives you an idea of his mindset about the citizens of his county.

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:clap: :clap: :clap: Now he needs to go after them… :clap: :clap: :clap:

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OUTSTANDING!!! Good for the Judge!

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Now the prosecutor needs to be imprisoned for his malicious prosecution, and Mr. Kelly needs to be repaid and the prosecutor sued into utter poverity for his actions.

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Agreed!!!

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