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From the Daily Caller: A rancher previously charged with the fatal shooting of an illegal migrant who encroached on his Arizona ranch will not have to face trial again.
An Arizona Superior Court judge on Tuesday dismissed murder and assault charges against George Alan Kelly “with prejudice,” according to 9 KGUN. This ruling means the rancher cannot face charges again, closing a final chapter in a case that began over a year ago.
“The interests of justice are not served by the dismissal without prejudice for case that cannot and will not be re-tried,” Judge Thomas Fink declared, according to 9 KGUN. “The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant.”
“For those reasons, the interests of justice call for finality,” Fink added.
Kelly, 75, was accused of shooting illegal alien Gabriel Cuen-Buitimea, 48, from Mexico, as he was crossing Kelly’s property with a group of illegal aliens. Prosecutors charged Kelly with second degree murder in January 2023.
Kelly had insisted he only fired warning shots several yards above the group of illegal aliens to protect himself and his wife.
The judge had declared the case a mistrial on April 22 after jurors were unable to reach a unanimous decision on a verdict. Now the matter is closed forever after the judge ruled Kelly cannot be retried.
BREAKING 🚨🚨
Judge Fink (Michigan grad) has ruled that AZ Rancher Alan Kelly’s case (in the shooting death of an illegal on his property) is dismissed w/prejudice! It cannot be brought back to court! PtL!
⚖️🇺🇲 pic.twitter.com/aOXC02hLFd
— Izzy Lyman (@IzzyLyman) July 9, 2024
Daily Caller: Rancher Charged For Shooting An Illegal Migrant On His Property Scores Final Court Victory https://t.co/RJHnXbDVm9
— Ian Hansen 🇺🇸🇺🇸 (@IanHansenFeed) July 10, 2024
