Trial starts in Arizona rancher border killing

Man charged with second-degree murder in the fatal shooting of migrant

PHOENIX — An Arizona rancher went on trial Friday in the fatal shooting of a migrant on his property near Mexico, with his defense attorney maintaining his innocence as the national debate over border security heats up ahead of this year’s presidential election.

George Alan Kelly, 75, has been charged with second-degree murder in the killing of a man he encountered on his property outside Nogales, Arizona. The jury trial in Santa Cruz County Superior Court is expected to last up to a month .

Kelly had earlier rejected a plea deal that would have reduced the charge to one count of negligent homicide if he pleaded guilty. His case has garnered the sympathy of some on the political right.

He was arrested and charged last year in the Jan. 30, 2023, fatal shooting of 48-year-old Gabriel Cuen-Buitimea of adjacent Nogales, Mexico, just south of the border.

Kelly shot at a group of unarmed migrants who were walking through his nearly 170-acre cattle ranch in the Kino Springs area, and Cuen-Buitimea was among them, authorities said.

Kelly’s defense attorney Brenna Larkin said the investigation that led to her client’s arrest and the subsequent charges against him was biased and incomplete, with investigators browbeating, not listening to and changing Kelly’s words.

Larkin has maintained that Kelly shot into the air above the migrants because he feared for his safety and that of his wife and his property. Larkin testified Friday that groups of migrants crossing through Kelly’s property grew more menacing over the years, including drug and human smugglers, prompting him to arm himself constantly for protection.

Larkin said Kelly was preparing a late lunch in his kitchen on the day of the shooting when he noticed five men traversing his ranch with large backpacks and rifles, then heard a single shot fired.

“He knows something is happening outside. Something violent, something dangerous,” she said. “There are armed criminals on his property. Maybe another shot is going to be fired, maybe it’s going to be fired at him.”

Prosecutors have said Kelly recklessly fired an AK-47 rifle toward the migrants, who were about 100 yards away from him. Kelly was also armed with a handgun.

“I want you to consider Gabriel Cuen-Buitimea as a human being, and not as George Kelly described him — an animal,” Santa Cruz County Chief Deputy Attorney Kim Hunley told jurors Friday.