NOGALES, Ariz.—After three days of deliberation and being sent back twice by the judge; the jury has reached an intractable impasse—there’s no verdict in the trial of George Alan Kelly.
Judge Thomas Fink declared a mistrial on April 22 and set a status hearing on April 29 in which the prosecution will either move to schedule a retrial or move to dismiss the case.
Mr. Kelly faced one charge of second-degree murder or manslaughter or negligent homicide and an additional charge of aggravated assault with a deadly weapon in the shooting death of Mexican national Gabriel Cuen-Buitimea, an illegal immigrant on Mr. Kelly’s ranch.
“It’s a victory,” said defense lawyer Kathy Lowthorp after the judge declared a mistrial
“It’s the second best answer–not guilty, and then a mistrial. So either way, it’s a win, just not the perfect win.”
Lead defense lawyer Brenna Larkin said the state has 60 days to call a new trial or dismiss the case. “We will know on Monday,” she told The Epoch Times, referring to the April 29 hearing.
George Alan Kelly appeared relieved after the mistrial decision, saying he had “big plans.”
“I’m going home tonight. Going to bed.”
His wife, Wanda Kelly, withheld her frustration, but lamented “15 months of our lives” had been spent defending her husband against the charges.
Ms. Larkin said last week, if ever there was a case where reasonable doubt existed, “it is this case.”
A guilty verdict for second-degree murder in Arizona would have sent Mr. Kelly away to prison for 10 to 22 years—a potential life sentence. It would be seven to 21 years for a conviction of manslaughter and 1 to 3.75 years for negligent homicide.