Arizona rancher George Alan Kelly will not face a retrial after the Santa Cruz County Attorney’s Office decided not to pursue further action following a mistrial. The decision came about due to a jury’s inability to unanimously agree on a verdict regarding the second-degree murder charges Kelly faced. The charges stemmed from the fatal shooting of Mexican national Gabriel Cuen-Buitimea on Kelly’s ranch in Nogales, near the US-Mexico border, in January 2023.

During the trial, prosecutors argued that Kelly recklessly fired at Cuen-Buitimea and a group of men, whereas Kelly maintained that he only fired warning shots into the air. The incident and subsequent legal proceedings gained considerable attention because of the ongoing discussions regarding border security, particularly during a US presidential election year.

Earlier in the trial, Kelly had declined a plea deal that would have reduced the charges to negligent homicide. He also faced allegations of aggravated assault towards another individual present during the incident. Following the mistrial declaration by Judge Thomas Fink and with the decision against a retrial, the legal proceedings against Kelly have concluded.