{"id":2291954,"date":"2024-07-10T13:33:00","date_gmt":"2024-07-10T17:33:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/rancher-charged-with-murdering-trespassing-illegal-immigrant-wins-ultimate-court-victory\/"},"modified":"2024-07-10T13:36:08","modified_gmt":"2024-07-10T17:36:08","slug":"rancher-charged-with-murdering-trespassing-illegal-immigrant-wins-ultimate-court-victory","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/rancher-charged-with-murdering-trespassing-illegal-immigrant-wins-ultimate-court-victory\/","title":{"rendered":"Rancher Charged with Murdering Trespassing Illegal Immigrant Wins Ultimate Court Victory"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">22<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Francher-charged-with-murdering-trespassing-illegal-immigrant-wins-ultimate-court-victory%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2291954&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The summary discusses the dismissal of\u200d second-degree murder and assault \u2064charges against rancher George Alan \u200dKelly, \u2063who had\u200c been charged \u2063with \u2063fatally shooting an \u2062<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/its-happening-president-trump-issues-warning-swing-states-that-found-massive-voter-fraud-which-is-all-of-them-cannot-legally-certify-these-votes\/\" title=\"IT\u2019S HAPPENING: President Trump Issues Warning \u2013 Swing States that Found MASSIVE VOTER FRAUD, which is all of them, CANNOT LEGALLY CERTIFY these votes\">illegal immigrant<\/a> on his Arizona ranch. The Arizona Superior \u200dCourt\u200d judge dismissed the charges with prejudice, \u2062meaning Kelly cannot \u2064face trial\u2063 again. The <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-rules-trump-company-will-not-have-to-pay-michael-cohens-legal-bills\/\" title=\"Judge Rules Trump Company Will Not Have to Pay Michael Cohen&#039;s Legal Bills\">judge stated<\/a> that the \u2064interests of\u2063 justice are not served by pursuing a case that cannot and will not be retried, leading to the closure of a case that began over \u2062a year ago. Kelly had been charged in 2023 for shooting an \u200dunarmed illegal immigrant who was crossing his property along the Arizona-Mexico border.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><br \/>\n<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\"> <?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><html><body><\/p>\n<header> <a href=\"https:\/\/www.westernjournal.com\/news\/\">  News <\/a>   <span> <\/p>\n<p><a href=\"https:\/\/www.westernjournal.com\/author\/dcnf\/\">  <\/a> <\/p>\n<p> <span>   By <a href=\"https:\/\/www.westernjournal.com\/author\/dcnf\/%20\"><span>Jason Hopkins<\/span><\/a> <\/span> <span>   July 10, 2024 at 7:04am <\/span> <\/span>  <\/header>\n<section>\n<p>A rancher previously charged with the fatal shooting of an illegal immigrant who encroached on his Arizona ranch will not have to face trial again.<\/p>\n<p>An Arizona Superior Court judge on Tuesday dismissed second-degree murder and assault charges against <a href=\"https:\/\/www.westernjournal.com\/mexican-authorities-target-arizona-rancher-accused-shooting-illegal-immigrant-attorney\/\" target=\"_blank\" rel=\"noopener\">George Alan Kelly<\/a> \u201cwith prejudice,\u201d according to <a href=\"https:\/\/www.kgun9.com\/news\/local-news\/santa-cruz-county-news\/court-dismisses-charges-against-george-alan-kelly\" target=\"_blank\" rel=\"noopener\">KGUN-TV<\/a>. This ruling means the rancher cannot face charges again, closing a final chapter in a case that began over a year ago.<\/p>\n<p>\u201cThe interests of justice are not served by the dismissal without prejudice for case that cannot and will not be re-tried,\u201d Judge Thomas Fink declared, according to KGUN. \u201cThe 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.\u201d<\/p>\n<p>\u201cFor those reasons, the interests of justice call for finality,\u201d Fink added.<\/p>\n<p>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\u2019s property along the Arizona-Mexico border.<\/p>\n<p>Cuen-Buitimea, a Mexican national, was crossing with a group of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/scotus-throws-out-challenge-to-president-trumps-bid-to-exclude-illegal-aliens-from-being-counted-in-determining-congressional-seats\/\" title=\"SCOTUS Throws Out Challenge to President Trump\u2019s Bid to Exclude Illegal Aliens from Being Counted in Determining Congressional Seats\">illegal immigrants<\/a> at the time and ran away after spotting Border Patrol agents near the border where they had passed. His group passed through Kelly\u2019s ranch as they were allegedly heading back to the southern border to evade border agents.<\/p>\n<p>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\u2019s defense team claimed that he had only fired warning shots several yards above the group of migrants to protect him and his wife.<\/p>\n<p>However, Fink <a href=\"https:\/\/www.westernjournal.com\/prosecutors-hit-roadblock-forced-hand-win-arizona-rancher-accused-killing-illegal-immigrant\/\" target=\"_blank\" rel=\"noopener\">declared a mistrial<\/a> 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 \u2014 with prosecutors choosing the latter.<\/p>\n<p>Fink at the time said a hearing would be scheduled to determine whether the case would be dismissed with prejudice, meaning it couldn\u2019t be brought back to court.<\/p>\n<p>State prosecutors said they would not seek a retrial, but they motioned for the court to dismiss the case without prejudice, meaning the state could re-try the case in the event that new evidence arises, according to KGUN.<\/p>\n<p>\u201cThe State\u2019s motion to dismiss without prejudice is denied. In the interests of justice the case is ordered dismissed with prejudice,\u201d Judge Fink said.<\/p>\n<p><em>All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/union-membership-plummets-to-record-low\/\" title=\"Union Membership Plummets to Record Low\">legitimate news publisher<\/a> that can provide a large audience. All republished articles must include our logo, our reporter\u2019s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact <a href=\"http:\/\/www.westernjournal.com\/mailto:licensing@dailycallernewsfoundation.org\">licensing@dailycallernewsfoundation.org<\/a>.<\/em><\/p>\n<\/section>\n<p><\/body><\/html><br \/>\n<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A rancher who was previously charged with the fatal shooting of an illegal immigrant on his Arizona ranch will not have to go to trial again. The charges of second-degree murder and assault against George Alan Kelly have been dismissed by an Arizona Superior Court judge with prejudice, meaning he cannot be charged again. This decision brings an end to a case that began over a year ago. The judge stated that justice is not served by dismissing the case without prejudice, as there is no possibility of a retrial. Kelly was initially charged after allegedly shooting an unarmed illegal immigrant who was crossing his property near the Arizona-Mexico border. The mistrial was declared after jurors could not reach a unanimous decision, and prosecutors chose not to seek a retrial. The judge ultimately dismissed the case with prejudice, meaning it cannot be brought back to court<\/p>\n","protected":false},"author":3235,"featured_media":2291955,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/George-Alan-Kelly.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[13345,27345,4349,5933],"class_list":["post-2291954","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-trespassing","tag-illegal-immigrant","tag-murder","tag-rancher"],"fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/George-Alan-Kelly.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2291954","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3235"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2291954"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2291954\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2291955"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2291954"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2291954"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2291954"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}