Key witness in Nogales rancher murder trial previously smuggled cannabis across border

NOGALES — A key witness in the state’s case against the Nogales-area rancher accused of killing a Mexican citizen previously was imprisoned for smuggling cannabis across the Arizona-Mexico border in 2015.

The witness carried a nearly 50-pound cannabis bundle in a backpack from Mexico into the U.S. near Sonoita, Arizona, according to court documents. The man accepted a plea agreement to misdemeanor possession of cannabis and served nearly seven months in federal prison, per court documents.

The man claims that he witnessed the Jan. 30 shooting of Gabriel Cuen Buitimea and identified George Alan Kelly as the shooter. The man is the only publicly known witness to the death of Buitimea and a central figure in the state’s case against Kelly.

“This is not information that was discovered or disclosed by the state; it was discovered by the defense,” Kelly’s attorney Brenna Larkin said during the hearing.

It’s unclear if prosecutors were aware of the witness’ criminal history prior to the preliminary hearing. No drugs were found on or around Buitimea’s body, according to court documents.

The witness was only identified by his initials, D.R.R., during a preliminary evidentiary hearing in February where he reenacted Buitimea’s death during a dramatic testimony. The witness claims to have been traveling with Buitimea alongside a group of men crossing Kelly’s property when they reportedly began taking fire.

Dramatic testimony: Case of Nogales rancher charged with murder moves to trial after witness dramatically details shooting

The state interviewed the witness before the hearing in February when he said he had never transported drugs into the U.S., according to a motion filed by Larkin. Judge Thomas Fink denied Larkin’s motion asking the court to take judicial notice of D.R.R.’s federal criminal history during a hearing Wednesday at Santa Cruz County Superior Court in Nogales.

However, Fink said that Larkin could just enter the certified court documents with D.R.R.’s criminal history as evidence during the trial, which is set to begin Sept. 6.

Kelly, 75, is facing one count of second-degree murder and two counts of aggravated assault.Kelly is accused of shooting and killing Buitimea, 48, after Buitimea’s body was found on Kelly’s roughly 170-acre Kino Springs property.

What to know: What to know about Nogales rancher on trial for murder in shooting of Mexican migrant

Larkin has argued that Kelly shot in self-defense over the heads of a group of armed men walking through his property. Kimberly Hunley, chief deputy Santa Cruz County attorney, has alleged that Kelly shot Buitimea in the back as he was fleeing for his life, ultimately killing him.

According to Larkin, Kelly heard a single gunshot Jan. 30 as he was having lunch with his wife. Kelly saw his horse get spooked and run away before noticing a group of men, armed with AK-47 rifles, moving through the trees near his home.

The men were dressed in khakis and camouflage and carried large backpacks.

Kelly called the U.S. Border Patrol’s ranch liaison, who is responsible for helping ranchers on the borderlands, before walking out onto his porch with his rifle.

The leader of the group then allegedly pointed his AK-47 at Kelly, according to the 13-page motion Larkin filed Feb. 9. Kelly subsequently fired several warning shots “well over the heads” of the men before the group scattered into the desert surrounding his property, the motion read.

Border Patrol agents and Santa Cruz County sheriff's deputies arrived at Kelly’s property and searched for the group but did not find anyone. Santa Cruz County Sheriff’s Office Deputy Cristobal Castañeda was one of the people who responded to Kelly’s property after the incident.

Case details emerge: Reports, recordings offer new details in Nogales rancher accused of murder case

During the hearing, Castañeda testified that he advised Kelly to remain in his house and call 911 if anything similar were to happen again. Kelly acknowledged Castañeda’s advice but said that he would do what he had to, insisting he had to protect his property, according to police reports.

“(Kelly) insisted that he had to protect his property,” Castañeda said during his testimony. “(Kelly) added that he was aware and conscious of his actions and that he would be responsible for his actions.”

During the February preliminary hearing, D.R.R. reenacted in front of the court how he allegedly saw Buitimea get shot. The man stood up from the chair next to the judge, clutched his chest with one hand and stretched the other one out.

“I saw Gabriel, he held his chest and said, 'I'm hit,’” the witness recounted during his February testimony. “I couldn’t reach out and grab his hand because they were still firing.”

When Buitimea died, the witness said, he saw Buitimea’s eyes roll toward the back of his head, revealing the whites of his eyes.

D.R.R. appeared for his testimony in a blue medical face mask, a black sweatshirt and a blue hoodie pulled over his head to conceal his identity. He pointed to Kelly in the courtroom and said he was wearing a similar colored shirt to the one Kelly wore when he allegedly shot at the group.

Kelly appeared in court Wednesday wearing a denim shirt, jeans, glasses and a cowboy hat. Two more hearings are scheduled for Aug. 9 and Aug. 11 to resolve the remaining motions filed by the prosecution and defense.

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 Twitter @joseicastaneda.

This article originally appeared on Arizona Republic: Nogales rancher murder trial witness once smuggled cannabis into US