Judge OK’s Arizona rancher trial in Mexican migrant killing
U.S. Law Review
An Arizona rancher accused of shooting at a group of migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday.
Santa Cruz County Justice of the Peace Emilio G. Velasquez made his decision following hours of testimony that he said aired a lot of new information about the Jan. 30 shooting, which left Gabriel Cuen-Buitimea, a 48-year-old from Nogales, Mexico, dead on George Alan Kelly’s ranch outside Nogales, Arizona.
“Do I think there was some testimony that there might have been some holes on? Yes. I do,” the judge said. “But at the end of the day ... the court does find that the offenses were committed by this defendant and I will be binding this over to Superior Court.”
There was no visible reaction from Kelly, who sat with his attorney, Brenna Larkin, during a livestream of the evidentiary hearing in Nogales.
The judge said Kelly, 74, can remain free on $1 million bail pending his March 6 arraignment, with restrictions including no contact with witnesses or Cuen-Buitimea’s family and a ban on possessing firearms.
Larkin earlier lost a bid to postpone Friday’s hearing after prosecutors lowered Kelly’s charge from a single count of first-degree murder, which would require a finding of premeditated intent to kill and can lead to a sentence of death or life imprisonment.
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