Not too long ago, a prosecutor would not file charges, much less go to trial, unless he was 99% certain that the evidence and testimony were sufficient to get a conviction. Not now. So-called Social Justice District Attorneys, many of them funded by the billionaire hater, George Soros, will file charges because 1) punishment is in the legal process and defending himself will break the defendant financially and, probably emotionally, and 2) to terrorize other Americans who could see themselves in this situation someday. In this particular case, the DA wanted to scare Americans into not defending themselves using their Second Amendment Rights when their property and homes are invaded by illegals.
The bullet was lost or never found and the DA’s only witness was an illegal alien drug runner who was being “paid” for his testimony with permission to live in the US, yet the Democrat District Attorney pushed ahead to make an example of an elderly rancher to scare others from protecting themselves, ignoring the Castle Doctrine.
MISTRIAL DECLARED FOR ARIZONA RANCHER
On Monday the judge declared a mistrial in the case of George Alan Kelly, an Arizona rancher, who was accused of killing an armed illegal on his property after he illegally crossed the US-Mexico border January 30, 2023. The mistrial was declared after jurors were unable to reach a unanimous verdict during deliberations that began last Thursday. Kelly’s defense says seven jurors wanted ‘not guilty’ verdict, while ‘one, lone holdout’ wanted to convict. Next Monday the DA will announce whether or not he will retry the case.
Gabriel Cuen-Buitimea was among a group of Biden’s Guests who were crossing the high desert in Kino Springs, Ariz., near the border with Mexico when they spotted a Border Patrol vehicle and scattered, according to the authorities. When two of the men, Cuen-Buitimea and Daniel Ramirez, ran onto George Alan Kelly’s 170-acre ranch, Kelly fired his AK-47-style rifle in the air to scare them off. Cuen-Buitimea, 48, was hit in the back, according to the DA.
Kelly, now 75, pleaded not guilty last March to one count of second-degree murder and one count of aggravated assault with a deadly weapon for endangering Ramirez. He was released on a $1 million bond. Kelly rejected a plea deal that would have reduced the charges to one count of negligent homicide. The trial started over a month ago.
In court papers and at trial, Brenna Larkin, Kelly’s defense attorney, offered a starkly different account from the prosecutor’s, saying that Kelly and his wife were eating lunch when they heard a gunshot. Kelly then saw group of camouflage-clad men with assault rifles crossing his property and he fired a warning shot over their heads after one of the men pointed a rifle at him.
Larkin disputed whether Kelly fired the fatal shot and has raised the possibility that Cuen-Buitimea was killed in a gang conflict. In closing remarks on Thursday, she said her client “was in a life-or-death situation” that was “a terrifying scenario. He was confronted with a threat right outside his home,” she said. “He would have been absolutely justified to use deadly force, but he did not.”
LIFE IN BIDEN’S AMERICA
George Kelly, an Arizona rancher on America’s wide open southern border, was used to seeing various drug & human smugglers, usually armed, trekking across his 170-acre cattle ranch. Unfortunately, Kelly’s ranch is on the “smugglers’ highway” where coyotes lead people across his ranch and through his gate to the road behind Kelly’s house where pre-arranged vehicles pick them up. Just months earlier Kelly found the body of a woman who had been abandoned by the coyotes on his ranch.
Kelly and his wife, Wanda, live in a modest house on the ranch. Early on January 30, 2023, George Kelly saw five armed men, some with AK-47 rifles and backpacks, surrounding his house. As Wanda sheltered inside, Kelly stood on his porch and fired warning shots in the air. The record shows that Kelly contacted Border Patrol’s Ranch Liaison several times as they saw the trespassers prowling near their house. By the time four Santa Cruz County deputy sheriffs arrived the traffickers were gone.
Later that evening Kelly’s dogs alerted him to a deceased man on his property and Kelly again called the authorities. Deputies responded again. The deceased man had a radio on him and was wearing tactical boots, virtually proving he was involved in illegal activity. He was later identified as Gabriel Cuen-Butimea, who lived south of the border in Nogales, Mexico. US federal court records show he had been convicted of illegal entry and deported back to Mexico several times, most recently in 2016.
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WHERE ARE THE BALLISTICS TESTS?
Without waiting for the ballistics report, Kelly was arrested and charged with first degree murder. The charge was later downgraded to second degree murder, but two counts of aggravated assault were added when two illegals with criminal records came forward claiming they were two of the people who were trespassing on Kelly’s ranch that night.
Kelly is low-income so the court appointed an attorney to represent him. “All the shooting that Mr. Kelly did on the date of the incident was in self-defense and justified,” Larkin wrote.
The state’s case relied entirely on testimony from two illegal aliens who came forward after the investigation had received significant publicity. “There’s a very large incentive structure for people to come forward and claim to have witnessed the event. People can obtain immigration benefits for doing so and people can succumb to intimidation from drug/sex/human traffickers who have an interest in blaming this event on Mr. Kelly,” Larkin said.
PAYING FOR TESTIMONY?
“Testimony is something that is bought and sold by drug traffickers the same way that drugs and people are bought and sold,” Larkin added. “It is a valuable commodity, and it is used by these traffickers to obtain what they want. In this case, the benefit they’re getting is security for their smuggling route through Mr. Kelly’s property, and they’re sending a message to anybody else defending his or her own property that if you defend your property against us, you will be arrested and there will be witnesses who come to stand against you.”
“Immigration benefits?” OUR government rewards illegals who testify against Americans? After breaking US immigration law and multiple state laws, illegals are then rewarded with being allowed to stay! And they are allowed to continue their smuggling unimpeded by intimidated ranchers and law “enforcement.”
WHERE’S THE DEAD HORSE?
One of the witnesses asserted that Kelly came out and just randomly started shooting at people, shooting & killing this man from 10 yards away and shooting a horse. It is hard to hide a dead horse.
“The deceased was certainly not shot from 10 yards away. That does not comport with the physical evidence, and there certainly was not a horse that was shot or injured in this altercation. It appears in the summary that I received from that witness statement that the investigating officers did not even ask a follow-up question,” Larkin said. Kelly and his attorney believe there was a falling out between the smugglers which resulted in the death of one of them.*
*GiveSendGo, which describes itself as a Christian fundraising platform, currently has at least four campaigns collecting money for Kelly’s legal defense. GoFundMe shut down funding campaigns for Kelly early on because they only support “social justice” and other Marxist causes.
The author, Diane L. Gruber, is a First Amendment advocate who writes for Substack. She calls her Substack newsletter America First Re-Ignited.
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