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Mistrial declared in case of Arizona rancher accused of fatally shooting Mexican migrant near border
An Arizona judge declared a mistrial Monday in the case of a rancher accused of fatally shooting a Mexican man on his property near the U.S.-Mexico border. The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation in trial of George Alan Kelly, 75, who was charged with second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea.
“Based upon the jury’s inability to reach a verdict on any count,” Superior Court Judge Thomas Fink said, “This case is in mistrial.”
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.
Kelly was charged with second-degree murder in killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.
Angela Gervasi / AP
Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards away on his cattle ranch. Kelly’s court-appointed lawyer said that he had fired “warning shots.”
“He does not believe that any of his warning shots could have possibly hit the person or caused the death,” she said at the time. “All the shooting that Mr. Kelly did on the date of the incident was in self-defense and justified.”
Court officials took jurors to Kelly’s ranch as well as a section of the border. Fink denied news media requests to tag along.
After Monday’s ruling, Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, said he would wait with Cuen-Buitimea’s two adult daughters on Monday evening to meet with prosecutors from Santa Cruz County Attorney’s Office to learn about the implications of a mistrial.
“Mexico will continue to follow the case and continue to accompany the family, which wants justice.” said Moreno. “We hope for a very fair outcome.”
Kelly’s defense attorney Brenna Larkin did not immediately respond to an emailed request for comment after the ruling was issued. Larkin had asked Fink to have jurors keep deliberating another day.
Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
Kelly was also charged with aggravated assault that day against another person in the group of about eight people, including a man from Honduras who was living in Mexico and who testified during the trial that he had gone into the U.S. that day seeking work.
The other migrants weren’t injured and they all made it back to Mexico.
Cuen-Buitimea lived just south of the border in Nogales, Mexico. He had previously entered the U.S. illegally several times and was deported, most recently in 2016, court records show.
Neighbor Maria Castillo told CBS News affiliate KOLD in February 2023 that it wasn’t uncommon to see people who have crossed the border in the area, but that it was never an issue.
“I drive through here every day,” Castillo says. “Late, early and never encountered anybody, I feel very safe living here in the area.”
The nearly month-long trial coincided with a presidential election year that has drawn widespread interest in border security.
Fink had told jurors that if they could not reach a verdict on the second-degree murder charge, they could try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide. A second-degree murder conviction would have brought a minimum prison sentence of 10 years.
The jury got the case Thursday afternoon, deliberated briefly that day and then all of Friday and Monday.
SPRINGFIELD, Ill. — The U.S. Justice Department is demanding records related to the July shooting death of Sonya Massey — an Illinois woman who was killed in her home by a sheriff’s deputy — as it investigates how local authorities treat Black residents and people with behavioral disabilities.
The government made a list of demands in dozens of categories in a letter to the Sangamon County Sheriff’s Office, dated Thursday.
“The Sheriff’s Office, along with involved county agencies, has engaged in discussions and pledged full cooperation with the Department of Justice in its review,” Sangamon County Sheriff Paula Crouch said Friday.
Sonya Massey, a 36-year-old Black woman, was killed July 6 when deputies responded to a call about a possible prowler at her home in Springfield, Illinois. She was shot three times during a confrontation with an officer.
The alleged shooter, Sean Grayson, who is White, was fired. He is charged with murder and other crimes and has pleaded not guilty.
“The Justice Department, among other requests, wants to know if the sheriff’s office has strategies for responding to people in “behavioral health crises,” the government’s letter read. “…The incident raises serious concerns about…interactions with Black people and people with behavioral health disabilities.”
Andy Van Meter, chairman of the Sangamon County Board, said the Justice Department’s review is an important step in strengthening the public’s trust in the sheriff’s office.
At the time of the fatal shooting, the Sangamon County Sheriff’s Office was led by then-Sheriff Jack Campbell, who retired in August and was replaced by Crouch.
Deputy Sean Grayson’s history of misconduct
Grayson has worked for six different law enforcement agencies in Illinois since 2020, CBS News learned. He was also discharged from the Army in February 2016 after serving for about 19 months. He was hired by the Sangamon County Sheriff’s Office in May 2023.
In an interview with CBS News in early August, Campbell said that Grayson “had all the training he needed. He just didn’t use it.”
In a recording released by the Logan County Sheriff’s Office, where Grayson worked from May 2022 to April 2023, a supervising officer is heard warning Grayson for what the senior officer said was his lack of integrity, for lying in his reports, and for what he called “official misconduct.”
Girard Police Chief Wayman Meredith recalled an alleged incident in 2023 when he said an enraged Grayson was pressuring him to call child protective services on a woman outside of Grayson’s mother’s home. He said Grayson was “acting like a bully.”
The recording and Meredith’s description of Grayson’s conduct showed how he quickly became angry and, according to documents, willing to abuse his power as an officer.
Sangamon County Sheriff’s Office history of accusations
According to a review of court records in 2007, Massey’s killing was the only criminal case in recent history against a Sangamon County Sheriff’s Office deputy for actions on duty. Local officials characterized her shooting as an aberration.
However, CBS News obtained thousands of pages of law enforcement files, medical and court records, as well as photo and video evidence that indicated the office had a history of misconduct allegations and accountability failures before Grayson. The records challenged the claim that Massey’s death was, as said by the then-sheriff, an isolated incident by one “rogue individual.”
Local families were confident that Massey’s death was the latest in a pattern of brazen abuse that has gone unchecked for years.
Attorneys for Massey’s family recommended an updated SAFE-T Act that would expand an existing database used to track officer misconduct to include infractions like DUIs and speeding during police chases.
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