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Prosecutors say they will not retry George Alan Kelly, Arizona rancher accused of murder near the US-Mexico border
Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury.
The jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case.
“Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney’s Office has decided not to seek a retrial,” Deputy County Attorney Kimberly Hunley told Fink Monday.
Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn’t be brought back to court.
Kelly’s defense attorney Brenna Larkin told the judge that she would file a request for the case to be dismissed with prejudice.
“We’re hoping we get the dismissal with prejudice, we’ll see how we go,” Larkin said Monday, according to CBS affiliate KOLD-TV. “I’m glad it’s over. We got the right result. I would have preferred a not guilty verdict and then this would be gone forever and then they would never have to worry about this.”
When a reporter from the Tucson TV station KGUN asked for Kelly’s reaction outside the courthouse, he said he felt “relief.”
“The nightmare’s over,” Kelly added, saying that the victim’s family “has my sincere sympathy.”
Kelly was trailed by protesters demonstrating on behalf of 48-year-old Gabriel Cuen-Buitimea, who was fatally shot on Jan. 30, 2023.
“Gabriel was a human being,” said one sign carried by protesters.
“Someone walking 100 yards away is not a threat,” read another, which called for a retrial.
“It’s not an issue for me about punishing Mr. Kelly. It’s about looking at the victim as a human being because at the trial really what happened was the man who was killed was put on trial,” said protestor Trayce Peterson, according to KOLD.
The 75-year-old Kelly had been on trial for nearly a month in Nogales, a city on the border with Mexico. The rancher had been charged with second-degree murder in the killing outside Nogales, Arizona.
Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He was in a group of men that Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn about the implications of a mistrial.
The Mexican Consulate in Nogales, Arizona, said it would release a statement later.
Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards away. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.
The trial coincided with a presidential election year that has drawn widespread interest in border security. During it, court officials took jurors to Kelly’s ranch as well as a section of the U.S.-Mexico border.
Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
Kelly was also accused of aggravated assault of another person in the group of about eight people.
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Oklahoma attorney general says state schools superintendent cannot mandate students watch prayer video
The Oklahoma attorney general’s office responded after the state’s education superintendent sent an email this week to public school administrators requiring them to show students his video announcement of a new Department of Religious Freedom and Patriotism. In the video, he prays for President-elect Trump.
Ryan Walters, a Republican, announced the new office on Wednesday and on Thursday sent the email to school superintendents statewide. The new department will be within the state’s Department of Education. Walters said it would “oversee the investigation of abuses to individual religious freedom or displays of patriotism.”
“In one of the first steps of the newly created department, we are requiring all of Oklahoma schools to play the attached video to all kids that are enrolled,” according to the email. Districts were also told to send the video to all parents of students.
In the video, Walters says religious liberty has been attacked and patriotism mocked “by woke teachers unions,” then prays for the leaders of the United States after saying students do not have to join in the prayer.
“In particular, I pray for President Donald Trump and his team as they continue to bring about change to the country,” Walters said.
The office of state Attorney General Gentner Drummond issued a statement Friday saying Walters has no authority under state law to issue such a mandate.
“Not only is this edict unenforceable, it is contrary to parents’ rights, local control and individual free-exercise rights,” said the attorney general’s office spokesperson Phil Bacharach.
Multiple school districts have also said they had no plans to show students the video.
Walters, a former public school teacher elected in 2022, ran on a platform of fighting “woke ideology,” banning books from school libraries and getting rid of “radical leftists” who he claims are indoctrinating children in classrooms. He already faces two lawsuits over his June mandate that schools incorporate the Bible into lesson plans for students in grades 5 through 12. Several school districts have previously stated that they will disregard the mandate.
One of the lawsuits also notes that the initial request for proposal released by the State Department of Education to purchase the Bibles appears to have been tailored to match Bibles endorsed by now President-elect Donald Trump that sell for $59.99 each.
Earlier this week, Walters announced he had purchased more than 500 Bibles to be used in Advanced Placement government classes. The education department that the 500 Bibles are “God Bless the USA Bibles” and were ordered Thursday for about $25,000. They will arrive “in the coming weeks,” the department said.
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Kamala Harris raised more than $1 billion for her campaign. She’s still sending persistent appeals to donors after defeat.
Kamala Harris and the Democratic Party’s prodigious fundraising operation raised more than $1 billion in her loss to Donald Trump, but the vice president is still pushing donors for more money after the election.
Democrats are sending persistent appeals to Harris supporters without expressly asking them to cover any potential debts, enticing would-be donors instead with other matters: the Republican president-elect’s picks for his upcoming administration and a handful of pending congressional contests where ballots are still being tallied.
“The Harris campaign certainly spent more than they raised and is now busy trying to fundraise,” said Adrian Hemond, a Democratic strategist from Michigan. He said he had been asked by the campaign after its loss to Trump to help with fundraising.
The party is flooding Harris’ lucrative email donor list with near-daily appeals aimed at small-dollar donors — those whose contributions are measured in the hundreds of dollars or less. But Hemond said the postelection effort also includes individual calls to larger donors.
One person familiar with the effort and the Democratic National Committee’s finances said the Harris campaign’s expected shortfall is a relatively small sum compared to the breadth of the campaign, which reported having $119 million cash on hand in mid-October before the Nov. 5 election. That person was not authorized to publicly discuss the campaign’s finances and spoke on condition of anonymity.
But the scramble now underscores the expense involved in a losing effort and the immediate challenges facing Democrats as they try to maintain a baseline political operation to counter the Trump administration and prepare for the 2026 midterm elections. It also calls into question how Democrats used their resources, including hosting events with musicians and other celebrities as well as running ads in a variety of nontraditional spaces such as Las Vegas’ domed Sphere.
Patrick Stauffer, chief financial officer for the Harris campaign, said in a statement that “there were no outstanding debts or bills overdue” on Election Day and there “will be no debt” listed for either the campaign or the DNC on their next financial disclosures, which are due to the Federal Election Commission in December.
The person familiar with the campaign and DNC’s finances said it was impossible to know just where Harris’ balance sheet stands currently. The campaign still is getting invoices from vendors for events and other services from near the end of the race. The campaign also has outstanding receipts; for example, from media organizations that must pay for their employees’ spots on Air Force Two as it traveled for the vice president’s campaign activities.
Within hours of Trump picking Florida Republican Matt Gaetz for attorney general on Wednesday, Harris’ supporters got an appeal for more money for “the Harris Fight Fund,” citing the emerging Trump team and its agenda.
Gaetz, who resigned his House seat after the announcement, “will weaponize the Justice Department to protect themselves,” the email said. It said Democrats “must stop them from executing Trump’s plans for revenge and retribution” and noted that “even his Republican allies are shocked by this” Cabinet choice.
Another appeal followed Friday in Harris’ name.
“The light of America’s promise will burn bright as long as we keep fighting,” the email said, adding that “there are still a number of critical races across the country that are either too close to call or with the margin of recounts or certain legal challenges.”
The emails do not mention Harris’ campaign or its finances.
The “Harris Fight Fund” is a postelection label for the “Harris Victory Fund,” which is the joint fundraising operation of Harris’ campaign, the DNC and state Democratic parties. Despite the language in the recent appeals, most rank-and-file donors’ contributions would be routed to the national party, unless a donor took the time to contact DNC directly and have the money go directly to Harris or a state party.
The fine print at the bottom of the solicitation explains that the first $41,300 from a person and first $15,000 from a political action committee would be allocated to the DNC. The next $3,300 from a person or $5,000 from a PAC would go to the Harris for President “Recount Account.” Anything beyond that threshold, up to maximum contribution limits that can reach into the hundreds of thousands of dollars, would be spread across state parties.
Officials at the DNC, which is set to undergo a leadership change early next year, indicated the party has no plans to cover any shortfall for Harris but could not explicitly rule out the party shifting any money to the campaign.