The Santa Cruz County Attorney's Office in Arizona has determined not to pursue a new trial against U.S. citizen George Alan Kelly, accused of second-degree murder of Mexican national Gabriel Cuén Buitimea on January 30, 2023, in Nogales, Arizona.
Gabriel Cuén Buitimea was an unarmed immigrant when he was shot in the back by a bullet from an AK-47 rifle while walking on George Alan Kelly's property with others.
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Just a week ago, Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial after the eight jury members could not agree on a verdict regarding the alleged responsibility of the American, despite the evidence presented.
Following this, the Santa Cruz County Attorney's Office had two options: to retry Kelly or to dismiss the case. This Monday, they decided not to pursue a new trial and not to take special action to change the jury and judge or to file a motion of dismissal with the case reserved at the moment.
The next step in this case could be dismissal, which would mean that it could not be prosecuted again and the murder of the Mexican could go unpunished.
In response, the Ministry of Foreign Affairs of Mexico, announced through a statement that the Consulate General in Nogales will continue to closely monitor the decision of the attorney's office to ensure that other lines of investigation are pursued to prevent Mr. Cuén Buitimea's death from going unpunished, and will continue to provide support and explore legal options with his family.
Gabriel Cuén Buitimea, originally from Sonora, adds to the 131 deaths reported by the U.S. Customs and Border Protection's Border Patrol in 2022, 14 of which occurred in the Tucson sector.