RANCHER: I WAS FRAMED
Blames cartels in slay defense
An elderly Arizona rancher charged with murdering a Mexican national on his property is being framed by violent traffickers who have been using his lands for illicit activities, his defense argued Wednesday.
George Alan Kelly, 75, faces one first-degree murder charge and two assault charges for the Jan. 30 death of Gabriel CuenButimea, 48, on his ranch on the border outside Nogales, Ariz.
In Santa Cruz County court, however, Kelly’s defense attorney Brenna Larkin said her client was being targeted by smugglers who were intimidating witnesses and skewing the investigation.
“Absolutely the least likely thing that happened in this case is that Mr. Kelly . . . decided to . . . start shooting at random people,” Larkin argued, saying there was a “large incentive” for deceitful witnesses to come forward after “succumbing to pressure from traffickers.”
Larkin alleged the traffickers are interested in “securing their route” through Kelly’s property, and are using his case as a message to others not to challenge them.
Previous reports stated that Kelly told investigators he fired warning shots into the air after seeing men with AK-47s on his property. He then said he found Cuen-Butimea’s body hours later, while checking on his horse.
The state’s attorney, Kim Hunley, addressed the court only briefly during the hearing to reiterate the prosecution’s position that Kelly “shot an unarmed man in the back while he ran for his life.”
Larkin cited the “Rust” shooting investigation in neighboring New Mexico — which has led to manslaughter charges against Alec Baldwin — as an example of the kind of thorough investigation Kelly had been denied before his arrest.
“This case was charged first, and investigated later,” she said.
Larkin’s statement detailed several perceived flaws in the investigation into Cuen-Butimea’s death, including a lack of ballistic evidence linking Kelly to the shooting and investigators’ failure to vet potential witnesses, despite inconsistent statements.
“There very much appears to be a double standard for these witness statements. There appears to be a confirmation bias in this investigation,” she said, calling out the “powder keg” of “highly politicized” interest in the case.
At the end of the proceedings, Judge Emilio G. Velasquez refused to accept Larkin’s proposal to lower Kelly’s bail from $1 million cash to $250,000 surety. He did, however, agree to modify the $1 million to surety.
Kelly, dressed in an orange jumpsuit and a protective vest, stared at his hands throughout most of the hearing. He is due back in court for another hearing at 9 a.m. Friday.