Huge update in case of Arizona rancher who shot and killed Mexican migrant on his land after original jury failed to reach verdict

The Arizona rancher who became nan look of nan border crisis erstwhile he was charged pinch sidesplitting a migrant connected his onshore will not look proceedings again, a judge has ruled.

George Alan Kelly, 75, was charged pinch nan sidesplitting of Gabriel Cuen-Buitimea, a Mexican nationalist found dormant connected Kelly's sprawling ranch successful January 2023.

The lawsuit led to a mistrial in April erstwhile jurors grounded to scope a verdict aft 1 hold-out refused to acquit.

Santa Cruz County Superior Court Judge Thomas Fink denied nan prosecution's petition to support nan lawsuit unfastened connected nan anticipation that caller witnesses could look connected Tuesday.

'The interests of justness are not precocious wherever nan only point to beryllium accomplished by a dismissal without prejudice, wherever location is not anticipation that a re-trial will occur, is nan harassment of nan Defendant,' Fink said successful a determination obtained by KGUN 9.

'The interests of justness are not served by nan dismissal without prejudice for lawsuit that cannot and will not beryllium re-tried. 

'The State's mobility to disregard without prejudice is denied. In nan interests of justness nan lawsuit is ordered dismissed pinch prejudice.'

After nan trial, Deputy County Attorney Kimberly Hunley said nan prosecution supported dismissing nan lawsuit but wanted nan action to retry it if circumstances change. 

She had said chartless witnesses whitethorn travel guardant and known witnesses successful Mexico mightiness go available.

Prosecutors claimed that Kelly recklessly fired his AK-47 9 times astatine a group of migrants 100 yards distant who were trespassing connected his 170-acre cattle ranch adjacent nan U.S.-Mexico border.

The group, which included Cuen-Buitimea, were allegedly moving from separator patrol agents, according to rule enforcement officials. 

Cuen-Buitimea, who was recovered pinch a slug spread successful his backmost connected Kelly's ranch, had antecedently entered nan US illegally respective times and was deported, astir precocious successful 2016, tribunal records show.

At trial, prosecutors claimed that Kelly's communicative to separator patrol officers kept changing, first saying he returned occurrence astatine each 5 individuals who were shooting him, past saying it was a group of 10 to 15 group equipped pinch AR-styled rifles, ABC News reported.

Kelly said he fired informing shots successful nan aerial to scare nan group disconnected and ne'er intended to hit, fto unsocial termination anyone.

The defense said authorities were lying astir Kelly admitting to shooting astatine aggregate people.

In his ruling, Fink noted nan grounds of a Honduran migrant who told jurors he was stepping pinch Cuen-Buitimea that day. 

The judge wrote that immoderate caller witnesses would contradict grounds that nan man was nan sole witnesser and raise different credibility challenges.