CBS News
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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McDonald’s investing $100 million to lure customers back to the fast food giant after E. coli outbreak
McDonald’s is investing $100 million to bring customers back to stores after an outbreak of E. coli food poisoning tied to onions on the fast-food giant’s Quarter Pounder hamburgers.
The investments include $65 million that will go directly to the hardest-hit franchises, the company said.
The U.S. Centers for Disease Control and Prevention has said that slivered onions on the Quarter Pounders were the likely source of the E. coli. Taylor Farms in California recalled onions potentially linked to the outbreak.
The E. coli outbreak has sickened 104 people in 14 states, federal health officials said in an update on Wednesday.
At least 34 people have been hospitalized, and four developed hemolytic uremic syndrome (HUS), a serious condition that can cause kidney failure. An 88-year-old man who resided in Grand Junction, Colorado, died, as previously reported. The illnesses began at the end of September, and the most recent onset of illness occurred as of Oct. 21, according to the U.S. Food and Drug Administration.
The Food and Drug Administration has said that “there does not appear to be a continued food safety concern related to this outbreak at McDonald’s restaurants.”
However, the outbreak hurt the company’s sales.
Quarter Pounders were removed from menus in several states in the early days of the outbreak.
In a statement Wednesday obtained by CBS News, McDonald’s said it had found an “alternate supplier” for the approximately 900 restaurants that had temporarily stopped serving Quarter Pounders with slivered onions.
“Over the past week, these restaurants resumed the sale of Quarter Pounder burgers with slivered onions,” McDonald’s said.
CBS News reached out to McDonald’s on Saturday for a statement regarding the reported investment.
Health officials said Saturday they have confirmed the first U.S. case of a new form of mpox that was first seen in eastern Congo.
The person had traveled to eastern Africa and was treated in Northern California upon return, according to the California Department of Public Health. Symptoms are improving and the risk to the public is low.
Mpox is a rare disease caused by infection with a virus that’s in the same family as the one that causes smallpox. It is endemic in parts of Africa, where people have been infected through bites from rodents or small animals.
Earlier this year, scientists reported the emergence of a new form of mpox in Africa that was spread through close contact including through sex.
More than 3,100 confirmed cases have been reported just since late September, according to the World Health Organization. The vast majority of them have been in three African countries – Burundi, Uganda, and the Democratic Republic of the Congo.
Since then, cases of travelers with the new mpox form have been reported in Germany, India, Kenya, Sweden, Thailand, Zimbabwe, and the United Kingdom.
Health officials earlier this month said the situation in Congo appears to be stabilizing. The Africa Centers for Disease Control and Prevention has estimated Congo needs at least 3 million mpox vaccines to stop the spread, and another 7 million vaccines for the rest of Africa.
The current outbreak is different from the 2022 global outbreak of mpox where gay and bisexual men made up the vast majority of cases.