What jail term could George Alan Kelly get? 73-yr-old murder suspect could spend rest of life in prison
SANTA CRUZ COUNTY, ARIZONA: The elderly Arizona rancher's defense attorney claimed that the man, who is accused of fatally shooting a Mexican immigrant on his border property, fired warning rounds at the armed group. George Alan Kelly, 73, is now being held on a $1 million bond and has been charged with first-degree, premeditated murder in connection with the killing of a man believed to be Gabriel Cuen-Butimea, 48, on January 30, 2023.
Kelly's court-appointed attorney Brenna Larkin claimed in a recent court document that the man heard a single gunshot while having lunch with his wife inside their home. When the Arizona rancher saw one of his horses run, he went to investigate, according to Larkin, but when he arrived, he discovered a group of individuals who were armed with "AK-47 rifles, dressed in khakis and camouflaged clothing, and carrying large backpacks," reports Daily Mail.
READ MORE
Florida boy, 15, who brutally attacked 9-year-old girl in bus will now face battery charges
What did George Alan Kelly's lawyer claim?
Kelly, who was "understandably concerned," then took his gun, ordered his wife to remain inside the house, and fired warning bullets at the gang, including the leader who "pointed an AK-47 right at him." After the group left, Kelly didn't find the man's body for hours; the US Border Patrol had apparently visited the scene but found nothing.
The Mexican border is only 1.5 miles away from Kelly's expansive ranch in Arizona. According to his pals, he has experienced issues with migrant workers. The Arizonan man had reportedly just arrived home from lunch when the tense scenario started, according to a recent filing by Larkin. His instant worry was sparked when he and his wife heard the gunshot and noticed their old horse fleeing. He discovered the group as he walked outside to check on the situation. "None of them were known to him. He had not given any of them permission to come onto his land," Larkin stated in the filing.
His attorney claims that the man called the US Border Patrol ranch liaison because he "reasonably feared for his safety, his wife's safety, and his animals' safety." Kelly had gotten in touch with the liaison because he lives close to the border with Mexico and wanted to "summon immediate help." He gestured for his wife to remain indoors and quiet before stepping out onto his porch with his rifle.
"The leader of the armed group of men saw Mr Kelly and pointed an AK-47 right at him," Larkin penned, adding, "Mr Kelly, fearing for his life and safety, fired several shots from his rifle, hoping to scare them away from him, his wife, his animals, and his home." The lawyer further stated, "as he shot, Mr Kelly took care to aim well over the heads of the armed group of men. The group then began running into the desert surrounding his home. Once the group had fled, Mr Kelly walked over to his barn to see if it was safe and secure," she continued.
Kelly "admitted firing warning shots at the smugglers earlier in the day, but he denied firing any shot directly at any person," in a police interrogation, according to Larkin. "He does not believe that any of his warning shots could have possibly hit the person or caused the death. All of the shooting that Mr Kelly did on that date of the incident was in self-defense and justified," reports Fox News.
Despite the rancher's claims that his wife was left alone on their land and unable to tend to their animals, Judge Emilio Velasquez has not reduced Kelly's $1 million bond as requested. February 22, 2023, has been set aside for a preliminary hearing at Nogales Justice Court.
What possible jail term George Alan Kelly may get?
The Arizona statute that defines first-degree murder is ARS 13-1105. People often commit this violation when they take the life of another person in a premeditated and intentional act. A violation of this statute is classified as a Class 1 felony, punishable by death or life imprisonment, as per SHOUSE ARIZONA LAW GROUP.