Here's what you missed in the murder trial of Nogales-area rancher George Alan Kelly
The murder case of the Nogales-area rancher accused of shooting and killing a Mexican citizen has undergone a flurry of developments in the weeks leading up to the original trial date.
George Alan Kelly, 75, was accused of killing Gabriel Cuen Buitimea on Jan. 30 when Buitimea was walking through Kelly’s nearly 170-acre Kino Springs property. Kelly’s attorneys argue that he only fired warning shots above a group of migrants crossing his property.
Kelly is facing one count each of second-degree murder and aggravated assault.
The trial was initially supposed to start on Sept. 6 but was vacated by the Arizona Court of Appeals after prosecutors requested a stay in the case. A new trial date has not yet been set.
Here’s what you may have missed.
Trial vacated for now, oral arguments scheduled for appeal
Kimberly Hunley, Santa Cruz County chief deputy attorney, filed a petition with the appeals court for special action and a motion to stay the trial. On Aug. 29, the court granted the stay only 30 minutes before a scheduled hearing at the Santa Cruz County Superior Court in Nogales.
Hunley argued that the state needed more time to prepare for trial after the defense disclosed a handful of expert witnesses too late.
The stay delayed the trial until further notice. The defense and prosecution had both asked Judge Thomas Fink to delay the murder trial in the past but Fink was adamant about keeping the original date.
Appeals court oral arguments were scheduled to be heard at 10:30 a.m. Sept. 19.
Trial vacated: Nogales rancher murder trial delayed
Prosecutors considered dismissing all charges against Kelly
During an Aug. 16 hearing, Hunley signaled that prosecutors may seek to temporarily dismiss the charges against Kelly if a crucial state witness did not testify during the trial.
The anonymous man alleged to have witnessed the shooting of Buitimea, and he previously gave dramatic testimony in which he reenacted Buitimea’s death. It was later revealed that the witness previously had pleaded guilty to smuggling cannabis across the Arizona-Mexico border in 2015.
The man initially was reluctant to testify, jeopardizing a key witness in the state’s case. Charges against Kelly ultimately remained as the witness later confirmed that he would testify.
Kelly compared to Unabomber as texts cite 'mowing down migrants'
Prosecutors tried, and failed, to admit inflammatory text messages that Kelly had exchanged with his son and his male friend that referred to “mowing down migrants at a large clip.”
Kelly said in texts that he put 27 migrants in the ground where they were “growing daisies,” and that he dealt with 33 migrants with his AK-47, which was “hot!,” according to court documents.
Prosecutors compared Kelly to the Unabomber, Ted Kaczynski, alleging that Kelly was motivated by his political views, ideas and animosity toward migrants.
The motion to include the text messages was denied.
Court documents later revealed that Kelly "could not confirm" to the U.S. Border Patrol if he had shot at a group of nine people moving through his property in January 2022, about a year before he was accused of shooting Buitimea.
Have a news tip or story idea about the border and its communities? Contact the reporter at josecastaneda@arizonarepublic.com or connect with him on X, formerly known as Twitter, @joseicastaneda.
This article originally appeared on Arizona Republic: George Alan Kelly: What to know about murder trial of Arizona rancher
