George Alan Kelly: Arizona rancher who shot dead immigrant has charges downgraded to second-degree murder
KINO SPRINGS, ARIZONA: The first-degree murder charges against Arizona rancher George Alan Kelly, who was charged with killing a Mexican immigrant on his land in January, have been downgraded to second-degree murder. Kelly's attorney, Brenna Larkin, entered a not-guilty plea on his behalf on Friday, February 24 after the prosecution disclosed the amendment.
Kelly, 74, was placed under arrest following an altercation on January 30 that is claimed to have resulted in the death of Gabriel Cuen-Butimea, a citizen of Mexico. Following a Friday, February 24, evidentiary hearing, a verdict was reached on Kelly's sentencing. Kimberly Hunley, chief deputy attorney for Santa Cruz County, stated that the 48-year-old Cuen-Buitimea was fatally shot as he attempted to run after Kelly fired an AK-47 rifle at a number of unarmed border crossers, according to New York Post. Kelly, on the other hand, has argued that he fired over their heads in self-defense as he thought he was being attacked in the border town by armed smugglers.
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What took place at the evidentiary hearing?
A detective testified in court that Arizona farmer reported being fired upon to the police, according to New York Post. The witness described Kelly's phone conversation with another agent as him "Frantically telling him he was being shot at. He said that he was being shot at and he was shooting back."
The witness claimed that Kelly gave the agent a follow-up call. "He said that he wasn't sure he was being shot at," the witness stated. "He said that he heard what he believed to be shots and he was being shot at. But then he changed. He didn't know exactly if he was being shot at." The detective claimed that Kelly's contradictory stories ultimately led to his arrest.
The detective alleged that Kelly provided conflicting accounts of what transpired during a later interview, including the number of people he had seen on his property, whether they were armed, and whether he had fired directly at them or over their heads. He said, "Just the totality of circumstances. That's why I decided to arrest."
'You pushed Mr Kellly in this interview'
Larkin disputed the evidence, claiming that the investigator focused his investigation in a different direction because he was hastily sure Kelly had committed a crime. She even questioned the detective about how he conducted the interviews.
Larkin said, "You pushed Mr Kellly in this interview. Isn't that fair to say? In this interview, don't you directly tell Mr Kelly 'you shot him?' You push Mr Kelly in this interview." The witness insisted he was not prejudiced and said he wanted the farmer to tell the "truth."
George Kelly 'had to defend himself'
Kelly was granted a $1 million bond and let out of jail in large part because a Christian organization contributed $400,000 after GoFundMe declined to host a fundraising effort. The GiveSendGo page stated, "It is a tragedy that a simple farmer, who should be protected by the government has been abandoned and had to defend himself," according to New York Post.