Rancher Charged For Shooting An Illegal Migrant On His Property Scores Final Court Victory

Arancher previously charged with the fatal shooting of an illegal migrant who encroached on his Arizona ranch will not have to face trial again.

An Arizona Superior Court judge on Tuesday dismissed murder and assault charges against George Alan Kelly “with prejudice,” according to 9 KGUN. This ruling means the rancher cannot face charges again, closing a final chapter in a case that began over a year ago.
“The interests of justice are not served by the dismissal without prejudice for case that cannot and will not be re-tried,” Judge Thomas Fink declared, according to 9 KGUN. “The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant.”

“For those reasons, the interests of justice call for finality,” Fink added.

Ranch on a prairie field, with red clay cliffs in the background, a waterfall running through the cliffs, Arizona, 1970. (Photo by Smith Collection/Gado/Getty Images)

Kelly was charged on Jan. 30, 2023, for second-degree murder and aggravated assault after he allegedly shot unarmed illegal immigrant Gabriel Cuen-Buitimea, 48, as he was traveling through Kelly’s property along the Arizona-Mexico border.
Cuen-Buitimea, a Mexican national, was crossing with a group of illegal immigrants at the time and ran away after spotting Border Patrol agents near the border where they had passed. Him and his group passed through Kelly’s ranch as they were allegedly heading back to the southern border to evade border agents.

State prosecutors argued that the rancher recklessly fired his AK-47 from a distance of roughly 115 yards, allegedly striking Cuen-Buitimea in the back and killing him, while Kelly’s defense team claimed that he had only fired warning shots several yards above the group of migrants to protect him and his wife.

However, Fink declared a mistrial on April 22 after jurors were unable to reach a unanimous decision on a verdict after more than two days of deliberations. The judge informed prosecutors after the mistrial that their choices were to either retry the case or drop it altogether — with prosecutors choosing the latter.


These people that have no respect for America’s
Sovereignty would still be alive had they not broken our laws. Tell me ho. N. Korea, China, Iraq, Iran, Turkey or Russia or s.a number of other countries would’ve responded. Remember both Russia and China shot down airliners that strayed into their airspace. I have zero sympathy for those that don’t respect our laws. And one more thing; anyone or legal team or firm that represents anyone who is not here on a legal visa or passport would be disbarred for life from practicing law again. If you are in this country illegally you are NOT protected by any of our laws and our constitution does not apply to you. Radical yes, but I’m sick and tired of my tax dollars protecting illegals when we can’t find the dollars to protect our own, especially veterans and first responders. But


If they were all just a little taller…

They are not “undocumented immigrants”. They are ILLEGAL INVADERS.


I don’t know what this rancher has suffered or been through with all the illegals crossing his land. I am sure he’s sick and tired of them crossing his property doing damage to his property. I’m asked if I would shoot a person for stealing bubblegum. After repeatedly telling them to stop and I’m paid no more attention to than a turd in the floor; yeah I would shoot.

Good on this rancher and glad he’s free.


I’m actually surprised the .gov let him go though.
Once they get their claws in a Citizen, Patriot, J6’er they
don’t usually let go.
Mr. George Allan Kelly Congrat’s!