Nogales rancher George Alan Kelly rejects plea deal in murder case; trial date set
NOGALES — The Nogales-area rancher accused of shooting and killing a Mexican citizen in January 2023 rejected a guilty plea deal offered Wednesday by state prosecutors and a March trial date was set.
George Alan Kelly rejected a plea deal that would have reduced his charges down to one count of negligent homicide if he accepted the deal and pleaded guilty Wednesday. If Kelly did not accept the plea and go into custody, the deal would expire.
Kimberly Hunley, chief deputy Santa Cruz County attorney, submitted the plea deal on Nov. 20.
“If the defendant doesn't take it and go into custody today, it goes away,” Hunley said.
Kelly, 75, is facing one count each of second-degree murder and aggravated assault. He is accused of killing Gabriel Cuen Buitimea on Jan. 30 when Buitimea was walking through Kelly’s nearly 170-acre Kino Springs property.
Case refresher: Here's what you missed in the murder trial of Nogales-area rancher George Alan Kelly
Aggravated assault carries a sentencing range of 5 years to 15 years while second-degree murder carries a range of 10 years to 25 years.
One count of negligent homicide carries a sentencing range of four years to eight years.
"I wasn't aware that the plea expired today, but that's between (Hunley) and the defense," Santa Cruz County Superior Court Judge Thomas Fink said.
Fink set a new date of March 21 for the murder trial that is expected to last three weeks. The trial originally was to start Sept. 6 but was vacated after the Arizona Court of Appeals granted a stay in the case.
Wednesday’s hearing at the Santa Cruz County Superior Court in Nogales was the first court date since the Arizona Court of Appeals Division Two sided with state prosecutors in two special action requests they made in August. The appeals court cleared the way for prosecutors to further depose Kelly’s wife, Wanda, and for more consideration to be applied to the inclusion of Kelly’s inflammatory text messages into trial.
Kelly and his attorney Brenna Larkin called into Wednesday’s hearing and were not physically present. Another hearing to discuss the details of the plea deal is scheduled for Jan. 16.
Appeals court ruling: Arizona appeals court sides with prosecutors in Nogales rancher murder case
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This article originally appeared on Arizona Republic: George Alan Kelly rejects guilty plea deal in migrant murder case
