Arizona Rancher Rejects Plea Deal in Death of Migrant
An Arizona rancher charged with murder in the shooting death of a migrant on his property has rejected a plea agreement and a trial date has been set.
George Alan Kelly, 75, was arrested Jan. 30 of last year following the death of Gabriel Cuen-Butimea, 48, from Nogales, Mexico, who was shot on Kelly’s ranch in a remote desert area near Keno Springs.
Kelly lives with his wife on their ranch – Vermilion Mountain Ranch – and routinely sees migrant trespassers. The couple have reported they fear members of the drug cartels and their heavily armed soldiers trafficking people and drugs.
On the day of the shooting the sheriff’s office responded to calls of shots fired at the ranch where they recovered Cuen-Butimea's body. Authorities have said there was no weapon on the victim at the time, and investigators had collected two assault-style rifles from Kelly's property in the aftermath to determine whether either was used in the shooting.
Cuen-Butimea was identified by his Mexican voter card, and his body was found approximately 150 yards from Kelly’s home. U.S. federal court records show Cuen-Butimea had had a history of illegal border crossings and deportations in and around Nogales.
Kelly was charged with murder and aggravated assault and his trial was originally scheduled for September. The trial was delayed as prosecutors asked an appeals court to decide if Kelly’s text messages can be admitted as evidence and if his wife, Wanda, can be deposed about events after the shooting.
The appeals court said Judge Thomas Fink of the Santa Cruz County Superior Court must consider Kelly’s text messages and that he must allow prosecutors to depose Wanda Kelly.
Kelly allowed a plea offer of negligent homicide to expire that would have carried a maximum sentence of eight years. Now, if convicted of murder, he could face up to 23 and a half years in prison. A new trial date was set for March 21, 2024.
